issued concurrently with Employment §1.6 Historical background. (a) Administration of the Federal pensation within such Agency. By Re- (b) In 1972 two separate organiza- 10.110 Burden of proof. 10.111 Submission of other evidence. TERMINATION and ContinUATION OF 10.120 Report of termination of disability or return to work. 10.121 Recurrence of disability. 10.122 Claims for continuing compensation for disability. 10.123 Employing agency's responsibilities in returning the employee to work. 10.123 Employee's obligation to return to work or to seek work when able. 10.124 Employee's obligation to return to work or to seek work when able. 10.125 Affidavit or report by employee of employment and earnings. 10.125 Termination of right to compensation for death. 10.126 Claims for continuing compensation for death. 10.126 Change in status of beneficiaries affecting compensation for death. 10.127 Continuation of death compensation for a child, brother, sister or grandchild who has reached the age of 18. 10.128 Termination of right to compensation for death; reapportionment of compensation. DETERMINATIONS OF CLAIMS, HEARING AND REVIEW PROCEDURES 10.130 Processing of claims. 10.131 Request for a hearing. 10.132 Time and place of hearing; prehearing conference. 10.133 Conduct of hearing. 10.134 Subpoenas; witness fees. 10.135 Employing agency attendance at hearings and submission of evidence. 10.136 Termination of hearing; release of Sec. 10.505 Office may require beneficiary to settle or compromise third party suit. 10.506 Official superior's responsibility in cases involving potential third pary liability. 10.507 Satisfaction of the interest of the United States. Subpart H-Special Category Employees PEACE CORPS VOLUNTEERS 10.600 Definition of volunteer. 10.601 Applicability of the Act. 10.602 When disability compensation com mences. 10.603 Pay rate for compensation purposes. 10.604 Period of service as a volunteer. 10.605 Conditions of coverage while serving outside the United States and the District of Columbia. NON-FEDERAL LAW ENFORCEMENT OFFICERS 10.610 Definition of a law enforcement officer. 10.611 Applicability. 10.612 Conditions for eligibility. 10.613 Time for filing a claim. 10.614 How to file a notice of injury or death. 10.615 Benefits. 10.616 Computation of benefits. 10.617 Responsibilities of the claimant, the employing agency and the Office. 10.618 Consultation with Attorney General and other agencies. 10.619 Cooperation with State and local agencies. FEDERAL GRAND AND PETIT JURORS 10.620 Definition of juror. 10.621 Applicability. 10.622 Performance of duty. 10.623 When disability compensation com mences. 10.624 Pay rate for compensation purposes. AUTHORITY: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; 5 U.S.C. 8145, 8149; Secretary's Order 6-84, 49 FR 32473; Employment Standards Order 78-1, 43 FR 51469. SOURCE: 40 FR 6877, Feb. 14, 1975, unless otherwise noted. Subpart A-General Provisions INTRODUCTION § 10.1 Statutory provisions. (a) The Federal Employees' Compensation Act, as amended (5 U.S.C. 8101 et seq.) provides for the payment of workers' compensation benefits to civilian officers and employees of all branches of the Government of the United States. The Act has been amended and extended a number of times to provide workers' compensation benefits to volunteers in the Civil Air Patrol (5 U.S.C. 8141), members of the Reserve Officer Training Corps (5 U.S.C. 8140), Peace Corps Volunteers (5 U.S.C. 8142), Job Corps enrollees and Volunteers In Service to America (5 U.S.C. 8143), members of the National Teachers Corps (5 U.S.C. 8143a), certain student employees (see 5 U.S.C. 5351, 8144), employees of the Panama Canal Commission and certain employees of the Alaska Railroad (see 5 U.S.C. 8146), certain law enforcement officers not employed by the United States (see 5 U.S.C. 81918193), and various other classes of persons who provide or have provided services to the Government of the United States. (b) The Act provides for the payment of compensation for wage loss and for permanent impairment of specified members and functions of the body incurred by employees as a result of an injury sustained while in the performance of their duties in service to the United States. In addition to monetary compensation, eligible employees are entitled to receive, at reasonable expense to the United States, medical and related services made necessary by the medical condition or conditions accepted as being employment related. In appropriate cases, vocational rehabilitation services shall be provided to eligible beneficiaries. (c) The Act also provides for the payment of monetary compensation to specified survivors of an employee whose death is the result of an employment-related injury and for payment of certain burial expenses subject to the provisions of 5 U.S.C. 8134. (d) Each of the types of benefits and conditions of eligibility enumerated in this section is subject to the applicable provisions of the Act and the provisions of this part. This section shall not be construed to modify or enlarge upon the provisions of the Act. [52 FR 10503, Apr. 1, 1987] EFFECTIVE DATE NOTE: Section 10.1 was revised at 52 FR 10503, Apr. 1, 1987, effective June 1, 1987. For the convenience of the user, the superseded text is set forth below. § 10.1 Statutory provisions. (a) The Federal Employees' Compensation Act, as amended (5 U.S.C. 8101 et seq.) provides for the payment of workers' compensation benefits to civil officers and employees of all branches of the Government of the United States. The Act has been amended and extended a number of times to provide workers' compensation benefits to volunteers in the Civil Air Patrol, members of the Reserve Officer Training Corps, Peace Corps Volunteers, Job Corps enrollees, Volunteers In Service to America, members of the National Teachers Corps, certain student employees (see 5 U.S.C. 5351, 8144), employees of the Panama Canal Zone Government and the Panama Canal Company, employees of the Alaska Railroad, certain law enforcement officers not employed by the United States (see 5 U.S.C. 8191-8193), and various other classes of persons who provide or have provided services to the Government of the United States. (b) The Act provides for the payment of dollar benefits to enumerated classes of persons who are injured or disabled while in the performance of their duties in service to the United States and to persons within such classes who become sick or disabled as a result of their employment with or service to the United States. The Act further provides for the payment of dollar benefits to certain survivors of persons who have died as a result of or while in the performance of employment or services rendered to the United States. In addition to dollar benefits, eligible beneficiaries who have become disabled as a consequence of a service related injury, disease or other compensable condition, shall be entitled to receive the full range of medical benefits and services made necessary by the compensable condition, which shall be provided at the expense of the United States, subject to the limitations imposed by §§ 10.411 and 10.412 of this part. In appropriate cases, vocational rehabilitation services shall be provided to eligible beneficiaries. In the case of death due to a compensable injury, disease or other condition, certain burial expenses shall be paid, subject to the provisions of 5 U.S.C. 8134. (c) Each of the types of benefits and conditions of eligibility enumerated in this section is subject to the applicable provisions of the Act and the provisions of this part. This section shall not be construed to modify or enlarge upon the provisions of the Act except to the extent that the provisions of the Act shall be construed to permit the payment of benefits to the victim of an employment related latent or progressive disease or disability if the nature and extent of such disease or disability and the circumstances surrounding the filing of a claim for benefits predicated upon such disease or disability may be reasonably construed to fall within the intent of the provisions of the Act. [40 FR 6877, Feb. 14, 1975, as amended at 51 FR 8280, Mar. 10, 1986] § 10.2 Administration of the Act and this chapter. (a) Pursuant to 5 U.S.C. 8145 and Secretary of Labor's Orders 13-71 (36 FR 8755) and 16-73 (38 FR 19130) the responsibility for administering the provisions of the Act were delegated to the Assistant Secretary of Labor for Employment Standards. Pursuant to Employment Standards Order 2-74 effective September 27, 1974 (39 FR 34722-34723) the responsibility for the administration and implementation of the Federal Employees' Compensation Act, except for 5 U.S.C. 8149 thereof as it pertains to the Employees' Compensation Appeals Board, was delegated and assigned to the Director, Office of Workers' Compensation Programs. The Director, Office of Workers' Compensation Programs and his or her designees shall, therefore, except as is otherwise provided by law have the exclusive authority for the administration, implementation, and enforcement of the provisions of this chapter. (b) In the case of employees of the Panama Canal Commission, the Federal Employees' Compensation Act is administered by the Panama Canal Commission and inquiries pertaining to such coverage should be directed to that Commission. [40 FR 6877, Feb. 14, 1975, as amended at 52 FR 10503, Apr. 1, 1987] EFFECTIVE DATE NOTE: Section 10.2 was amended by revising paragraph (b) at 52 FR 10503, Apr. 1, 1987, effective June 1, 1987. For the convenience of the user, the superseded text is set forth below. § 10.2 Administration of the Act and this chapter. (b) In the case of employees of the Canal Zone Government and the Panama Canal Company, the Federal Employees' Compensation Act is administered by the Governor of the Canal Zone, and inquiries pertaining to such coverage and eligibility should be directed to the Governor of the Canal Zone. |