Stat. 1442, 33 U.S.C. 901, et seq.), as extended by the Outer Continental Shelf Lands Act (67 Stat. 462, 43 U.S.C. 1331 et seq.), is governed by § 01.11 of Subpart B of this subchapter. (Interpret or apply sec. 2, 67 Stat. 462; 43 U.S.C. 1331) § 01.72 Review of decisions. Except as herein modified, review of compensation cases arising under the Longshoremen's and Harbor Workers' Compensation Act, as extended by the Outer Continental Shelf Lands Act, is governed by § 01.12 of Subpart B of this subchapter. Application for judicial review of a decision in a compensation case arising under the Longshoremen's and Harbor Workers' Compensation Act, as extended by the Outer Continental Shelf Lands Act, is required to be instituted in the judicial district in which any defendant resides or may be found or in the judicial district of the adjacent State nearest the place where the injury or injury causing death occurred. (Interpret or apply sec. 2, 67 Stat. 462; 43 U.S.C. 1331) The same forms prescribed for use in connection with the administration of the Longshoremen's Act are used in the administration of the Outer Continental Shelf Lands Act, except that they are modified by a stamped or typed legend to indicate that they relate to the Outer Continental Shelf Lands Act. (Interpret or apply sec. 2, 67 Stat. 462; 43 U.S.C. 1331) Subpart I-Compensation for Civilian Employees of Nonappropriated Fund Instrumentalities SOURCE: The provisions of this Subpart I appear at 23 F.R. 8958, Nov. 18, 1958, unless otherwise noted. $ 01.81 Processing of claims. The processing of claims of employees and dependents for compensation benefits payable according to the Longshoremen's and Harbor Workers' Compensation Act, as amended (44 Stat. 1424, 33 U.S.C. 901 et seq.) as extended by the act of July 18, 1958 (72 Stat. 397; 5 U.S.C. 150k-1), to civilian employees of nonappropriated fund instrumentalities of the Armed Forces, is governed by § 01.11. (Interpret or apply 72 Stat. 397; 5 U.S.C. 8171, 8172, 8173) § 01.82 Review of decisions. Except as herein modified, review of compensation cases arising under the Longshoremen's and Harbor Workers' Compensation Act as extended by the act of July 18, 1958 (72 Stat. 397; 5 U.S.C. 150k-1) to civilian employees of nonappropriated fund instrumentalities of the Armed Forces, is governed by § 01.12. Proceedings for judicial review (or for enforcement of payment of compensation in case of default as authorized under section 18 of the Longshoremen's Act), of a decision in a compensation case arising under the Longshoremen's Act, as thus extended, are required to be instituted with respect to any injury or death occurring outside the continental limits of the United States, in the District Court of the United States within the territorial jurisdiction of which is located the office of the deputy commissioner having jurisdiction in respect of such injury or death (or in the United States District Court for the District of Columbia if such office is located in such district). In all other cases the provisions of section 21 (b) (33 U. S. C. 921 (b)) of the Longshoremen's Act apply and they require judicial proceedings to be instituted in the United States District Court for the judicial district in which the injury occurred (or the United States District Court for the District of Columbia, if the injury occurred in the District of Columbia). (Interpret or apply 72 Stat. 397; 5 U.S.C. 8171, 8172, 8173) § 01.83 Forms. The same forms prescribed for use in connection with the administration of the Longshoremen's Act are used in the administration of said act of July 18, 1958, providing for payment of workmen's compensation benefits to civilian employees of nonappropriated fund instrumentalities of the Armed Forces as follows: US-201 Employee's first notice to Deputy Commissioner of accident or occupational disease. US-202 Employer's first report to Deputy Commissioner of accident or occupational disease. US-202A Employer's first report of injury. (No time lost by employee.) US-203 Employee's claim for compensation. US-204 Attending Physician's report. US-205 Physician's report on permanent eye disabilities. US-206 Notice to the Deputy Commissioner that the payment of compensation has begun without awaiting award. US-207 Notice to the Deputy Commissioner that claim will be controverted. US-208 Notice to the Deputy Commissioner that the payment of compensation has been stopped or suspended. US-209 Request to employee that he reply to the employer's objection to his right to compensation. US-210-11 Employer's supplementary report of accident or occupational disease. US-212 Notice to injured employee that case will be closed unless reports now on file are shown to be incorrect. US-213 Notice of election to sue (disability or death claim). US-214 Request for medical examination under United States Longshoremen's and Harbor Workers' Compensation Act. US-215 Answer of employer or insurance carrier to employee's claim for compensation. US-215A Notice to employer and insurance carrier that answer to claim for compensation should be made. US-216 Request for additional reports. US-221 Application for lump sum award (disability or death). US-226 Subpoena. US-226A Subpoena Duces Tecum. US-226B Notice of Hearing. US-260 Notice to Deputy Commissioner of Death (by dependents or on their behalf). US-261 Supplemental report of employer in death case. US-262 Claim for compensation in death case by widow and/or children under the age of eighteen. US-263 Claim for compensation in death cases by dependents other than widow and children of deceased (each dependent or representative must file individual claim). US-264 Proof of death (by Physician last in attendance on Deceased). US-265 Proof of Burial and Funeral expenses by Undertaker. LSI-2 Application for Self-Insurance. LSI-3 Decision granting authority to Act as Self-insurer. LSI-4 Agreement and Undertaking of employer granted the privilege of paying compensation as self-insurer. LSI-5c Indemnity Bond given by Self US-242 Notice (compliance with Act by self-insurance). (Interpret or apply 72 Stat. 397; 5 U.S.C. 8171, 8172, 8173) PART 02-STATEMENT RELATIVE TO SUBSTANTIVE RULES § 02.1 Statement relative to substantive rules. (a) The principal function of the Bureau and its subordinate parts is that of adjudicating claims for workmen's compensation. This function is quasi judicial in character and involves the application of statutes and principles of law to resolved factual situations. The field of activity is within the specialized branch of the law generally referred to as "workmen's compensation". This branch of the law has its own particularized principles which have general applicability to workmen's compensation statutes (State and Federal), as such statutes have certain common or underlying similarity in respect to the meaning of terms and phrases, and in respect to scope, jurisdiction, and general basic concepts of employers liability. (b) In the administration of the several workmen's compensation laws within its jurisdiction, the Bureau has one general policy, which is to follow and to adhere to the principles of workmen's compensation law as stated in the opinions of the Supreme Court, the Federal Circuit Courts of Appeal, and the District Courts of the United States, as they may appropriately be applied in like situations arising under the laws administered by the Bureau. In addition, decisions and opinions of the judicial tribunals of the several States and Territories furnish principles of law of general applicability in the specialized field of workmen's compensation, which form part of the foundation of general principles relied upon in the application and interpretation of the several acts administered by the Bureau. The Bureau applies the statute, applicable in respect to a particular case or situation, to the extent that the statute can readily be applied without extrinsic aid, but where such aid is necessary, the source thereof is the body of principles embodied in authoritative decisions of the courts within such wellrecognized branch of the law. (c) Certain statutes administered by the Bureau (relating to military or quasi military establishments) contain as the 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 Reports by official superiors and physicians. Claim for compensation for disability. Application for augmented compensasation for disability. Report of termination of disability or return to work. Recurrence of disability for work. Employee's obligation to return to work Claims for balance of schedule due at Original claims for death benefits. Termination of the right to compensation for death. 1.16 Change in status of beneficiaries affecting compensation for death. amended; 5 U.S.C. 8145, 8149; 1946 Reorg. Plan No. 2, § 3, 3 CFR 1943-1948 Comp., p. 1064; 60 Stat. 1095; 1950 Reorg. Plan No. 19, 1, 3 CFR, 1949-1953 Comp., p. 1010; 64 Stat. 1271, unless otherwise noted. § 1.1 General provisions: definitions. (a) The administration of the Federal Employees' Compensation Act, as codified in 5 U.S.C. Ch. 81, is placed in the Department of Labor, under the direction and supervision of the Secretary of Labor or his designees in the Department. The Bureau of Employees' Compensation is authorized by the Secretary of Labor to decide all questions arising under the act. The Bureau is authorized under such act, upon consideration of a claim presented by a beneficiary and official reports pertaining to injury or death sustained by a civil employee of the United States while in the performance of duty and upon completion of such investigation as it may deem necessary, to determine the facts and make an award for or against payment of the compensation provided for in said act. The Bureau has power, under the provisions of the said act to issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the Bureau. (b) [Reserved] (c) All employees of the United States and other persons who may claim or be entitled to claim benefits under the said act, and the official superiors of all such persons, shall be bound by the regulations in this subchapter and shall conform to the procedure prescribed in said act and in the regulations under this subchapter. The term "official superior," as used in this subchapter, includes all officers and employees having responsible supervision, direction or control of civil employees, others employed in the US-206 Notice to the Deputy Commissioner that the payment of compensation has begun without awaiting award. US-207 Notice to the Deputy Commissioner that claim will be controverted. US-208 Notice to the Deputy C sioner that the payment of compensa been stopped or suspended. US-209 Request to employee that to the employer's objection to his compensation. US-210-11 Employer's supp port of accident or occupation US-212 Notice to injured case will be closed unless rep are shown to be incorrect. US-213 Notice of election ability or death claim). US-214 Request for medical US-216 Request for additional repo. (disability or death). US-226 Subpoena. US-226A Subpoena Duces Tecum. US-260 Notice to Deputy Commissioner of Death (by dependents or on their behalf). US-261 Supplemental report of employer in death case. US-262 Clai case by widow of eighteen. US-263 Clai cases by depende children of deceas representative must US-264 Proof of dea in attendance on Deceased US-265 Proof of Burial penses by Undertaker. LSI-2 Application for Self LSI-3 Decision granting aut LSI-4 Agreement and Undertaki ployer granted the privilege of pay pensation as self-insurer. Notice (compliance with Act by LSI-5c Indemnity Bond given by insurer. LSI-11 US-239 Certificate that employer has secured payment of compensation (by obtaining insurance policy). Certificate of Authority. US-240 Certificate that employer has secured payment of compensation (by selfinsurance). US-241 Notice (compliance with Act by insuring with). fundamental prerequisite to compensation that injury or death shall have occurred in the "line of duty"-a phrase not having a counterpart in workmen's compensation statutes. The policy of the Bureau in respect to such phrase is to follow the principles and interpretations in respect thereto as may be ap plied by the particular service in which the disabled or deceased individual served. (d) To the extent that any rule of substantive nature may appear in the published regulations of the Bureau, such regulations are made part of this section. [13 F.R. 7668, Dec. 10, 1948] SUBCHAPTER B-FEDERAL EMPLOYEES' COMPENSATION ACT1 PART 1-CLAIMS FOR COMPENSATION AND ADMINISTRATIVE PROCEDURE General provisions: definitions. Reports by official superiors and physicians. Claim for compensation for disability. Application for augmented compensasation for disability. Report of termination of disability or return to work. Recurrence of disability for work. Claims for continued compensation for disability. Employee's obligation to return to work or to seek work when able. ffidavit or report by employee of employment and earnings. aims for balance of schedule due at death from other causes. fective dates and proer Federal Employees' Act Amendments of amended; 5 U.S.C. 8145, 8149; 1946 Reorg. Plan No. 2, § 3, 3 CFR 1943-1948 Comp., p. 1064; 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, 3 CFR, 1949-1953 Comp., p. 1010; 64 Stat. 1271, unless otherwise noted. § 1.1 General provisions: definitions. (a) The administration of the Federal Employees' Compensation Act, as codified in 5 U.S.C. Ch. 81, is placed in the Department of Labor, under the direction and supervision of the Secretary of Labor or his designees in the Department. The Bureau of Employees' Compensation is authorized by the Secretary of Labor to decide all questions arising under the act. The Bureau is authorized under such act, upon consideration of a claim presented by a beneficiary and official reports pertaining to injury or death sustained by a civil employee of the United States while in the performance of duty and upon completion of such investigation as it may deem necessary, to determine the facts and make an award for or against payment of the compensation provided for in said act. The Bureau has power, under the provisions of the said act to issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the Bureau. (b) [Reserved] (c) All employees of the United States and other persons who may claim or be entitled to claim benefits under the said act, and the official superiors of all such persons, shall be bound by the regulations in this subchapter and shall conform to the procedure prescribed in said act and in the regulations under this subchapter. The term "official superior," as used in this subchapter, includes all officers and employees having responsible supervision, direction or control of civil employees, others employed in the |