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US-206 Notice to the Deputy Commis- US-242 Notice (compliance with Act by sloner that the payment of compensation has self-insurance). begun without awaiting award.

(Interpret or apply 72 Stat. 397; 5 U.S.C. US-207 Notice to the Deputy Commis

8171, 8172, 8173) sioner that claim will be controverted.

US-208 Notice to the Deputy Commisstoner that the payment of compensation has PART 02-STATEMENT RELATIVE TO been stopped or suspended.

SUBSTANTIVE RULES US-209 Request to employee that he reply to the employer's objection to his right to $ 02.1

Statement relative to substantive compensation.

rules. US-210–11 Employer's supplementary report of accident or occupational disease.

(a) The principal function of the US-212 Notice to injured employee that Bureau and its subordinate parts is case will be closed unless reports now on ille

that of adjudicating claims for workare shown to be incorrect.

men's compensation. This function is US-213 Notice of election to sue (disability or death claim).

quasi judicial in character and involves US-214 Request for medical examination the application of statutes and principles under United States Longshoremen's and of law to resolved factual situations. Harbor Workers' Compensation Act.

The field of activity is within the specialUS-216 Answer of employer or insurance ized branch of the law generally referred carrier to employee's claim for compensation.

to as "workmen's compensation”. This US-215A Notice to employer and insur

branch of the law has its own particuance carrier that answer to claim for compensation should be made.

larized principles which have general US-216 Request for additional reports.

applicability to workmen's compensaUS-221 Application for lump sum award tion statutes (State and Federal), as (disability or death).

such statutes have certain common or US-226 Subpoena.

underlying similarity in respect to the US-226A Subpoena Duces Tecum.

meaning of terms and phrases, and in US-226B Notice of Hearing.

respect to scope, jurisdiction, and genUS–260 Notice to Deputy Commissioner of Death (by dependents or on their behalf).

eral basic concepts of employers liability. US-261 Supplemental report of employer

(b) In the administration of the sevin death case.

eral workmen's compensation laws withUS-262 Claim for compensation in death in its jurisdiction, the Bureau has one case by widow and/or children under the age general policy, which is to follow and to of eighteen.

adhere to the principles of workmen's US-263 Claim for compensation in death

compensation law as stated in the opincases by dependents other than widow and children of deceased (each dependent or

ions of the Supreme Court, the Federal representative must file individual claim).

Circuit Courts of Appeal, and the District US-264 Proof of death (by Physician last

Courts of the United States, as they may in attendance on Deceased).

appropriately be applied in like situations US-265 Proof of Burial and Funeral ex- arising under the laws administered by penses-by Undertaker.

the Bureau. In addition, decisions and LSI-2 Application for Self-Insurance. opinions of the judicial tribunals of the

LSI-3 Decision granting authority to Act several States and Territories furnish as Self-insurer.

principles of law of general applicability LSI 4 Agreement and Undertaking of em

in the specialized field of workmen's ployer granted the privilege of paying compensation as self-insurer.

compensation, which form part of the LSI-5c Indemnity Bond given by Self

foundation of general principles relied insurer.

upon in the application and interpretaLSI-8 Pay-roll report.

tion of the several acts administered by LSI-9 Report of compensation payments.

the Bureau. The Bureau applies the LSI-10 Report of employer's injury ex

statute, applicable in respect to a particperience.

ular case or situation, to the extent that LSI-11 Certificate of Authority.

the statute can readily be applied withUS-239 Certificate that employer has se

out extrinsic aid, but where such aid is cured payment of compensation (by obtain

necessary, the source thereof is the body ing insurance policy).

of principles embodied in authoritative US-240 Certificate that employer has se

decisions of the courts within such wellcured payment of compensation (by self

recognized branch of the law. insurance).

(c) Certain statutes administered by US-241 Notice (compliance with Act by

the Bureau (relating to military or quasi Insuring with).

military establishments) contain as the

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 ACT 1

PART 1-CLAIMS FOR COMPENSA

TION AND ADMINISTRATIVE PRO

CEDURE Sec. 1.1 General provisions: definitions. 1.2 Notice of injury by employee. 1.3 Reports by official superiors of injuries

to employees. 1.4 Claim for compensation for disability. 1.5 Application for augmented compensa

sation for disability. 1.6 Report of termination of disability or

return to work. 1.7 Recurrence of disability for work. 1.8 Claims for continued compensation for

disability. 1.9

Employee's obligation to return to work

or to seek work when able. 1.10 Affidavit or report by employee of em

ployment and earnings. 1.11 Claims for balance of schedule due at

death from other causes. 1.12 Report of death. 1.13 Original claims for death benefits. 1.14 Continuance of compensation on ac

count of death. 1.15 Termination of the right to compensa

tion for death. 1.16 Change in status of beneficiaries affect

ing compensation for death. 1.17

Burial expenses. 1.18 Embalming and transportation of bod

ies of deceased employees. 1.19 Overpayments by mistake. 1.20 Injuries to members of the Officers'

Reserve Corps, Enlisted Reserve

Corps, and Naval Reserve. 1.21 Records relating to Federal Employees'

Compensation Act matters as records of Bureau of Employees' Compensa

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 service of the Federal Government or the gov

tion. 1.22 Inspection of records of Bureau re

lating to FECA matters. 1.23 Waiver not authorized. 1.24 Representation of claimants and ap

proval of claims for legal and other

services. 1.25 Retroactive effective dates and pro

cedures under Federal Employees' Compensation Act Amendments of 1949.

AUTHORITY: The provisions of this part 1 issued under sec. 32, 39 Stat. 749,

as amended; 5 U.S.C. 8145, 8149; 1946 Reorg. Plan No. 2, § 3, 3 CFR 1943–1948 Comp.,

135 F.R. 1284, Jan. 31, 1970.

ernment of the District of Columbia, and other persons performing service for the United States within the purview of said act and all acts in amendments, substitution or extension thereof. For the purposes of the regulations in this subchapter the term “employee" as used in this subchapter shall include all civil officers and employees of all branches of the Government of the United States (including officers and employees of instrumentalities of the United States wholly owned by the United States), employees of the government of the District of Columbia (except members of the Police and Fire Departments of the District of Columbia), members of the Reserve Officers' Training Corps, an individual appointed to the staff of a former President, Civil Air Patrol volunteers, Peace Corps volunteers, Job Corps enrollees, Volunteers in Service to America, members of the National Teacher's Corps, members of the Neighborhood Youth Corps, student employees as defined in 5 U.S.C. 5351, employees of the Canal Zone and the Alaskan Railroad, law enforcement officers not employees of the United States killed or injured under certain circumstances involving a crime against the United States, and other persons performing service for the United States within the purview of said act and all acts in amendments, substitution or extension thereof.

(d) The term "einployee" shall also include persons rendering personal services of a kind similar to those of civilian oficers or employees of the United States to any department, independent establishment, or agency thereof (including instrumentalities of the United States wholly owned by it), without compensation or for nominal compensation, in any case in which acceptance or use of such services is authorized by an act of Congress or in which provision is made by law for payment of the travel or other expenses of such person.

(e) All definitions appearing in the act are applicable with respect to the regulations promulgated under this subchapter [13 F.R. 7668, Dec. 10, 1948, as amended at 14 F.R. 7374, Dec. 9, 1949; 35 F.R. 1284, Jan. 31, 1970] § 1.2 Notice of injury by employee.

(a) Whenever any injury is sustained by an employee of the United States while in the performance of his duty, he

shall immediately give written notice to his official superior. If the injured employee is unable to give such notice, it may be given by someone in his behalf. Form C.A. 1, Notice of Injury, is provided by the Bureau for such purpose. Unless written notice of injury is given within 48 hours or unless the immediate superior has actual knowledge of the injury, compensation may be refused. For reasonable cause the Bureau may accept written notice of injury given later than 48 hours, but not later than 1 year after the injury. (See $ 1.13 for waiver of limitation provision.)

(b) Whenever such an injury comes to the knowledge of the injured employee's official superior, a record of the cause, nature, and extent of the injury shall be made by the official superior, who should call to the attention of the employee the necessity of submitting, within 48 hours, or as soon after injury as practicable, a notice of the injury on Form C.A. 1. The official superior shall secure the signed statements of witnesses to the occurrence, and shall retain the employee's notice of injury until the injury is reported to the Bureau as required in g 1.3. (Regulations under the United States Em. ployees' Compensation Act, June 1, 1938] § 1.3 Reports by official superiors of

injuries to employees. Every injury which is likely to result in any medical charge against the Compensation Fund or in any disability for work beyond the day, shift, or turn of the occurrence or which appears likely to require prolonged treatment or to result in future disability, or to result in any permanent disability, including the total or partial loss or loss of use of a member of the body, or serious disfigurement of the face, head or neck, shall be reported by the official superior on Form CA-2, Report of Injury, provided by the Bureau for this purpose, which shall be transmitted to the Bureau without delay. The employee's original Notice of Injury, on Form CA-1, or otherwise, should accompany the Report of Injury together with report of any investigation made and such statements or other data as may properly relate to the circumstances surrounding the injury. If the disability is likely not to exceed 3 days, the report may be withheld until the employee has returned to work. (14 F.R. 7874, Dec. 9, 1949)

8 1.4

Claim for compensation for disability. (a) Compensation for disability under said act will not be paid unless written claim therefor is made by the employee or by someone in his behalf within the time limit prescribed by the said act. If such claim is not submitted within 60 days after the injury, an explanation of the delay must accompany the claim. For any reasonable cause shown the Bureau may allow claims for compensation for disability to be made at any time within 1 year. (For further waiver of limitation provisions see $ 1.13). Form CA-4 is provided by the Bureau for making the original claim. Such claim may be filed by delivering it at the offices of the Bureau, or to any person designated by the Bureau to receive it. The employee's oficial superior is so designated to receive claims on behalf of the Bureau, and the injured employee should submit his claim to his official superior for transmission to the Bureau unless special circumstances require different procedure. Any claim or paper purporting to claim compensation submitted by an employee to his official superior shall be transmitted promptly to the Bureau. Whenever an employee, as a result of an injury in the performance of duty, is disabled with loss of pay for more than 3 days or sustains permanent disability which involves the total or partial loss, or loss of use, of a member of the body, or serious disfigurement of the face, head or neck, his official superior, when practicable, should furnish to him Form CA-4 for the purpose of claiming compensation, and should advise him of his rights under the said act Form CA-4 should be filled with the Bureau upon termination of disability if the duration of disability should be less than 14 days, or at the expiration of 14 days from the date pay stops, if disability continues beyond that date. If no claim is filed by an injured employee or by someone on his behalf prior to his death, the right to claim compensation for disability ceases and does not survive.

(b) Claims for compensation for permanent disability which involve solely the loss, or loss of use, of a member of the body, should be filed on Form CA-4, and if any compensation has been paid or is payable for a prior injury to the same member the date of such prior injury, the amount of such compensation and the source thereof shall be set forth in

the said CA-4 and filed in accordance with paragraph (a) of this section.

(c) Claims for serious disfigurement of the face, head, or neck should be made on Form CA-4, supplemented by Form CA-4B when required. If any compensation has been paid or is payable for any such prior disfigurement the date of such prior injury, the amount of compensation and the source thereof shall be stated in the said CA-4, or as supplemented by Form CA-4B. (Sec. 18, 39 Stat. 746; 5 U.S.C. 8121) [14 F.R. 7374, Dec. 9, 1949, as amended at 35 F.R. 1285, Jan. 31, 1970] § 1.5 Application for augmented com

pensation for disability. (a) While the disabled employee has one or more dependents as defined in 5 U.S.C. 8110, his basic compensation for disability shall be augmented as provided in said section. The Bureau may require application for such augmented compensation to be made on Form CA-4A in accordance with $ 1.4. The Bureau may, however, pending the making of such application on such form, pay compensation under 5 U.S.C. 8110 upon other satisfactory proof.

(b) Augmented compensation payable while a disabled employee has an unmarried child as defined by 5 U.S.C. 8110, which would otherwise terminate because the child reaches the age of 18, may be continued while the child is a student regularly pursuing a full-time course of study or training as defined by 8 1.14(c).

(c) The disabled employee claiming augmented compensation under this section shall furnish, when so required by the Bureau, proof of continuing entitlement to augmented compensation as set forth in paragraph (a) of this section.

(d) The disabled employee receiving augmented compensation under this section shali promptly notify the Bureau of the happening of any event which would no longer entitle him to augmented compensation under the provisions of 5 U.S.C. 8110. Any checks or payments received after the occurrence of such event shall be returned promptly to the office from which it was received. [32 F.R. 2699, Feb. 9, 1967) § 1.6 Report of termination of disability

or return to work. Whenever an injured employee is able to return to work after a period

of disability caused by an injury, his official superior, who shall complete his official superior shall immediately report portion of the certification thereon and that fact to the Bureau on Form forward the claim promptly to the BuCA-3, which is provided by the Bu- reau. Claims on Form CA-8 should be reau for this purpose, unless such submitted semi-monthly if disability is report has been made on Form CA-2, continuous. However, a Form CA-8 or otherwise. Such report shall show should not be submitted for continuing the period of absence from work payments payable under a scheduled loss and shall show specifically the part of as provided in section 5 of the act. An such period for which the employee has employee whose disability is such that been or will be paid on account of leave medical evidence of continuation thereof or for any other reason, stating the basis is not immediately necessary may be proof such wage payment. If when disabil- vided by the Bureau with Form CA-96 ity begins the employee has annual or for use in submitting claim for continued sick leave to his credit, he may use such compensation in lieu of Form CA-8. leave until it is exhausted, solely at the (14 F.R. 7375, Dec. 9, 1949) discretion of such employee. (14 F.R. 7375, Dec. 9, 1949)

§ 1.9 Employees' obligation to return to

work or to seek work when able. § 1.7 Recurrence of disability for work.

When total disability to perform work When an injured employee, after re- ceases and the employee is able to perturning to work, is again disabled and form a part of his usual duties, or to perstops work as a result of the same injury, form work of a different nature, he must the official superior shall report the re- seek such suitable work as he is able to currence of disability promptly to the perform, either in Government or priBureau, showing clearly when the em- vate employment, unless it has already ployee again stopped work and for what been provided for him, and shall accept part of the new absence he has been or such work or offer of work secured for: will be paid on account of leave or for him. An employee who has not been any other reason. If the recurrent dis- regularly employed during the period ability has ended when the report is covered by his claim, and who is only made, the date and hour of return to partially disabled, shall state in his claim duty should be stated; if not, an addi- what efforts he has made to obtain suittional report should be made when the able employment, giving the names and employee returns to work or his dis- addresses of persons or concerns to ability ceases. If the employee has been whom he has applied for work. If he examined or attended by a physician in

has not been offered or has not been connection with such recurrence of dis

able to secure work which he is able to do, ability, a medical report, as required by he shall so state. If a partially disabled § 2.10 of this subchapter should accom

employee refuses to seek suitable work pany the official superior's report of the

or refuses or neglects to work after suitrecurrence, unless the physician has able work is offered to, procured by, or made his report to the Bureau.

secured for him, he shall not be entitled [Regulations under the United States Em

to any compensation. ployees' Compensation Act, June 1, 1938] (14 F.R. 7375, Dec. 9, 19491 1.8 Claims for continued

compensa

$ 1.10 Affidavit or report by employee tion for disability.

of employment and earnings. An employee whose injury results The Bureau may require a partially in disability with loss of pay continuing disabled employee to file a Form CA-96 beyond the time covered by the original or to submit an affidavit or other report claim on Form CA-4, may claim com- as to his earnings either from employpensation for further periods of dis- ment or self-employment. If such indiability on Form CA-8 which is provided vidual, when required, fails to submit by the Bureau for that purpose.

Com- such form or affidavit or other report or pensation will not be paid unless if in such form, affidavit or report the such claim for further compensation, employee knowingly omits or understates properly executed, is received by the any part of such earnings or remunera.Bureau. The certification of the attend- tion he shall forfeit his right to compening physician as to the further disability sation with respect to any period for should be obtained on the form and it which such report was required to be should be submitted to the employee's made, and any compensation already

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