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paid may be recovered by deducting the Claims for continuance of payments unamount thereof from compensation pay- der 5 U.S.C. 8109 shall be made in like able to him or otherwise according to manner and governed by $ 1.14. law. Earnings from employment re- (c) The entitlement of any beneficiary ferred to in this section or elsewhere in to payments under 5 U.S.C. 8109 shall this part, means gross earnings or wages cease upon the happening of any event before any deductions whatsoever have which would terminate such right under been taken out of such wages, and in- 5 U.S.C. 3133. The termination of such clude the value of subsistence, quarters, right shall be governed by $ 1.15. In the or other advantages received in kind as event of any reapportionment made necpart of the wage or remuneration.
essary by such termination prompt no(14 F.R. 7375, Dec. 9, 1949)
tification shall be made to the Bureau in
accordance with $ 1.16. $ 1.11
Claims for balance of schedule due at death from other causes.
(d) As to the disposition of any bal
ance not paid under the foregoing para(a) If an employee files a valid claim graphs see $ 1.17(b) “Burial Expenses" for a scheduled loss (permanent disabil
[14 F.R. 7375, Dec. 9, 1949, as amended at ity which involves the loss or loss of use 35 F.R. 1285, Jan. 31, 1970) of a member or function of the body as provided in 5 U.S.C. 8107) in his lifetime
§ 1.12 Report of death. and dies from causes other than the in- If an injury to an employee results in jury before the entire amount due for death, the official superior shall immedisuch schedule is paid, claim for such ately report that fact to the Bureau by unpaid balance may be made on Form telegraph. If a report of injury has not CA-5A pursuant to § 1.13 as follows-by previously been submitted on Form C.A. the widow, widower, or child in the pro- 2, such form, together with a copy of the portions and upon the conditions and in death certificate and a report of death the order named in 5 U.S.C. 8109(a) (3) on Form C.A. 3, provided by the Bureau (D). If there is no surviving widow, for such purpose, shall be forwarded to widower, or child, then a claim on Form the Bureau. If the death does not imCA-5A may be made pursuant to § 1.13 mediately follow the injury, the report on in the proportions and upon the condi- Form C.A. 3, should also show, on the tions and in the order as follows to the upper half, the exact period of absence parent or parents wholly dependent for from work prior to the date and hour of support upon the decedent. If there is death, and the part of such period, if no parent wholly dependent then to a any, during which the employee's wages partially dependent parent or parents in have accrued, or for which they will be equal shares with any partially depend- payable to his estate, on account of leave ent brother, sister, grandparent or or for any other reason. grandchild. If one or more of the broth- (Regulations under the United States Emers, sisters, andparents, or grand- ployees' Compensation Act, June 1, 1938) children are wholly dependent and a
§ 1.13 Original claims for death beneparent or parents and other brothers,
fits. sisters, grandparent, or grandchildren are partially dependent then 75 percent
If the death of an employee results will be awarded to such wholly depend- from an injury any person entitled to ent person or persons equally and the claim compensation as one of the benebalance divided equally among such
ficiaries enumerated in 5 U.S.C. 8133 may partially dependent persons. In the file a claim for compensation, within the event there is no surviving widow, wid
limit of time of 1 year after death preower, child, or wholly dependent parent,
scribed in the said act. See 5 U.S.C. 8122. and the foregoing apportionment of such
Form C.A. 5 is provided by the Bureau compensation would result in injustice, for that purpose, and should be exethe Bureau may, in its discretion, make cuted as provided therein. Such claim such other apportionment as justice may be filed by delivering it at the office would require.
of the Bureau, or to any person desig(b) The right of any surviving bene- nated by the Bureau to receive it. The ficiary referred to in paragraph (a) of deceased employee's former official suthis section shall be conditioned upon perior is so designated to receive such his being alive to receive any payment claims on behalf of the Bureau, and the and any such beneficiary shall not have person claiming benefits should submit a vested right to any such payment. the claim to such former official superi
or, unless special circumstances require a different procedure. The official superior should when it is practicable furnish to all persons likely to be entitled to compensation for death of an employee Form C.A. 5 with information as to the use of the form for making claim for compensation and the procedure in respect of filing such form, advising the Bureau of such fact. The furnishing of assistance in preparing such form or in obtaining evidence relating to the claim shall be without charge by the official superior. Any claim or paper purporting to claim compensation on account of death, submitted to the deceased employee's former official superior, shall be transmitted promptly to the Bureau. No compensation shall be paid on account of death if it is not so claimed within 1 year after the death. Failure to give notice of injury or file claim for compensation for disability or death within the time and in the manner described in $ $ 1.2, 1.4, and in this section shall not bar the claim of any person thereunder if such claim is filed within 5 years after the injury or death if the Bureau shall find (a) that such failure was due to circumstances beyond the control of the person claiming benefits, or (b) that such person has shown sufficient cause or reason in explanation thereof, and material prejudice to the interest of the United States has not resulted from such failure. [35 F.R. 1285, Jan. 31, 1970] § 1.14 Continuance of compensation on
account of death. (a) A beneficiary to whom an award of compensation has been made on account of an employee's death, pursuant to his original claim, shall submit to the Bureau additional claims for continuance of compensation to be filed once each year. Form CA-12 is provided by the Bureau for this purpose, and will be sent to the beneficiary when an additional claim is required. Failure to submit the form may result in suspension of compensation.
(b) A beneficiary to whom an award of compensation has been made for a child, brother or sister, or grandchild after he has reached the age of 18 because he continues to regularly pursue a full-time course of study or training shall furnish, when so required by the Bureau, proof of continuing entitlement
to such compensation. Failure to submit the proof may result in suspension of compensation.
(c) Compensation payable on behalf of a child, brother or sister, or grandchild under 5 U.S.C. 8133, which would otherwise be terminated because such individual reached 18 years of age, shall be continued if he is a student at the time he reaches age 18 for so long a period as he continues as a student or until he marries. He shall be considered a student while he is regularly pursuing a full-time course of study or training at an institution which is—
(1) A school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof, or
(2) A school or college or university which has been accredited by a State or by a State-recognized or nationally recognizance accrediting agency or body, or
(3) A school or college or university not so accredited but whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited, or
(4) A technical, trade, vocational, business, or professional school accredited or licensed by the Federal, or a State government or any political subdivision thereof providing courses of not less than 3 months duration, that prepare the child for a livelihood in a trade, industry, vocation, or profession; but not after he reaches the age of 23 or has completed 4 years of education beyond the high school level, except that, where his 23d birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child shall not be deemed to have ceased to be a student (1) during any interim between school years if the interim does not exceed 4 months and he shows to the satisfaction of the Bureau that he has a bona fide intention of continuing to pursue a full-time course of education or training during the semester or other enrollment period immediately following the interim or (2) during periods of reasonable duration during which, in the judgment of the Bureau, he is prevented by factors beyond his control from pursuing his education. (32 F.R. 2699, Feb. 9, 1967)
$ 1.15 Termination of right to
pensation for death. When a beneficiary who is receiving compensation on account of death ceases to be entitled to such compensation by reason of marrying, reaching the age of 18, ceasing to be dependent, or ceasing to be a student, or becoming capable of selfsupport, he or someone in his behalf shall immediately notify the Bureau of the fact. If such beneficiary receives a check which includes payment of compensation for any period after the date when he ceased to be entitled to it, for any of the above reasons, he shall promptly return it to the office from which it was received. (32 F.R. 2700, Feb. 9, 1967) f 1.16 Change in status of beneficiaries
affecting compensation for death. When two or more beneficiaries are receiving compensation on account of the death of an employee and any event occurs which may require a reapportionment of the amount of compensation payable to one or more of them, such beneficiary, or someone on his behalf, shall promptly notify the Bureau giving the date of the event and all essential facts. Such reapportionment may become necessary when any such beneficiary dies or marries, when a child, grandchild, brother, or sister of the decedent becomes 18 years old or if over 18, becomes capable of self-support or ceases to be a student, or when a parent or grandparent of the decedent ceases to be dependent, or when a posthumous child of the decedent is born. (32 F.R. 2700, Feb. 9, 1967] $ 1.17 Burial expenses.
(a) When the death of an employee results from an injury occurring within the time limitations prescribed in said act, the Bureau may in its discretion pay reasonable burial expenses in an amount not to exceed $800: Provided, That if any part of the burial expenses has been paid by another department of the Government, the amount paid by the Bureau shall not exceed the difference between the amount so paid by the other department and $800. Payment will be made to the duly appointed executor or administrator of the estate on the submission of competent evidence of his appointment as such. If there is no legal representative of the estate, the Bureau may upon application pay to the undertaker the amount of any burial expenses
remaining unpaid, not exceeding the amount payable by the Bureau, or may upon application reimburse the person who has paid such burial expenses and is entitled to such reimbursement.
(b) When the death of an employee results from causes other than the injury and there is an unpaid balance of a schedule award due pursuant to 5 U.S.C. 8107 and there is no survivor entitled to the same and no burial allowance is payable under 5 U.S.C. 8134, then such amount, subject to the limitations of 5 U.S.C. 8134 and 8109 shall be paid to reimburse any person or persons equitably entitled thereto to the extent and in proportion that they shall have paid the expenses of burial of such individual. (35 F.R. 1285, Jan. 31, 1970] $ 1.18 Embalming and transportation
of bodies of deceased employees. (a) In the case of an employee whose home is within the United States, if his death resulting from an injury caused by employment occurs away from his home office or outside the United States, and if the relatives desire that the body be embalmed and transported in a hermetically sealed casket to the home of the employee, the Bureau may upon application pay the reasonable and necessary expenses of such embalming and transportation, in addition to the allowance for burial expense.
(b) When the death of an employee results from causes other than the injury and the employee is away from his home or official station for the purpose of receiving medical or other services, appliances, or supplies under 5 U.S.C. 8103 or examination under 5 U.S.C. 8123 if so desired by his relatives the body shall, in the discretion of the Bureau, be embalmed and transported in a hermetically sealed casket to the home or last place of residence of the employee at the expense of the Employee's Compensation Fund. If no request is made for the return of the body by decedent's relatives, the Bureau should be notified immediately by telegram, reporting all pertinent details, with request for instructions concerning arrangements for disposition of the remains. [14 F.R. 7376, Dec. 9, 1949, as amended at 35 F.R. 1285, Jan. 31, 1970) § 1.19 Overpayments by mistake.
(a) Whenever by reason of an error of fact or law an overpayment has been
made to an individual who is entitled to further payments, proper adjustment shall be made by decreasing subsequent payments of compensation, having due regard to the probable extent of future payments, the rate of compensation, the financial circumstances of the individual, and any other relevant factors, so as to minimize any resulting hardship upon such individual. In the event such individual dies before such adjustment has been completed a similar adjustment shall be made by decreasing subsequent payments, if any, payable under this act with respect to such individual's death.
(b) Where there are no further payments due and an overpayment has been made to an individual by reason of an error of fact or law such individual, as soon as the mistake is discovered or his attention is called to the same, shall refund to the Bureau any amount so paid, or upon failure to make such refund the Bureau may proceed to recover the same.
(c) There shall be no adjustment or recovery, under paragraphs (a) or (b), of this section, by the United States in any case where incorrect payment has been made to an individual who is without fault and where adjustment or recovery would defeat the purpose of this act or would be against equity and good conscience. [14 F.R. 7376, Dec. 9, 1949) $ 1.20 Injuries to members of the Offi.
cers' Reserve Corps, Enlisted Reserve
Corps, and Naval Reserve. (a) If in time of peace any member of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army, or any member of the Naval Reserve, as included in the Naval Reserve Act of 1938, approved June 25, 1938 (52 Stat. 1175, 1181; 34 U. S. C. 885c), is physically injured in the line of duty or dies as the result of such physical injury, he or his beneficiaries shall be entitled to all of the benefits prescribed by law for civil employees of the United States who are physically injured in the line of duty or who die as the result thereof. The Bureau has jurisdiction in such cases and performs the same duties with reference thereto as in the cases of civil employees of the United States so inJured or disabled. For the purpose of this section all members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army shall be considered as entitled to compensation bene
fits if injured in the line of duty (1) while on active duty, or (2) when engaged in authorized travel to and from such duty, or (3) when engaged in authorized training without pay: Provided, That authorized training without pay is defined as inactive-status training under written authorization by competent military authority covering a specific training assignment and prescribing a time limit. Also, for the purpose of this section all members of the Naval Reserve shall be considered to be entitled to compensation benefits for injury in the line of duty while performing active military or naval service, if injured (1) while having performed active duty, with or without pay, or (2) while having performed training duty, with or without pay, or (3) while having performed drills, equivalent instruction or duty, appropriate duty, or other prescribed duty, or (4) while having performed authorized travel to or from such duties.
(b) In the cases of members of the Oficers' Reserve Corps or of the Enlisted Reserve Corps of the Army, the benefits shall accrue to any such member, or to his beneficiaries, whether the disability or death is the result of sickness or disease contracted in line of duty while on active duty, when such sickness or disease is proximately caused by the seryice on active duty. In no case, however, of a member of the Naval Reserve coming within the purview of this section shall sickness or disease be regarded as an injury.
(c) For the purpose of determining the benefits to which a claimant may be entitled under the provisions of this section, members of the Oficers' Reserve Corps or of the Enlisted Reserve Corps of the Army physically injured when engaged in authorized training without pay, and Naval Reservists physically injured while performing duties stated in paragraph (a) of this section and in a non-pay status, will be held and considered as receiving the pay and allowances which they would have received had they been in a pay status.
(d) A member of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army may not receive the benefits under the Federal Employees' Compensation Act concurrently with active duty pay or pension based upon military service, and in the event a person becomes eligible to receive the benefits under the Federal Employees' Compensa
tion Act, as amended, and is also eligible generally exempt from disclosure to the for, or in receipt of, a pension based public under section 552(b) (6) of Title upon military service, he shall elect 5 U.S.C., the terms of which are applied which benefit to receive. Any member of in this section. (See also Part 70 of Title the Naval Reserve eligible to receive 29, Code of Federal Regulations regardthe benefits coming within the purview ing Department of Labor documents of this section who may also be eligible exempt from disclosure.) to receive a pension under the provisions (b) Release to the employee or to his of the Act of June 23, 1937 (50 Stat. beneficiary. If an employee or, in the 305), entitled "An Act to amend the pro- case of death, his beneficiary or the auvisions of the pension laws for peace- thorized representative of an employee time service to include Reserve officers beneficiary. Where the Bureau deterand members of the Enlisted Reserves,” mines the release of information to the shall elect which benefit he shall receive. employee or to his beneficiary is not in
(e) All provisions of this subchapter the best interest of the employee or his and of the Federal Employees' Compen- beneficiary, the Bureau may release sation Act, as amended, except such as the information to the employee's or may be in conflict with the provisions of beneficiary's representative or personal this section or with section 304 of the physician upon receipt of written authorNaval Reserve Act of 1938, approved ization from the employee or his beneJune 25, 1938 (52 Stat. 1181), shall be ficiary. If the individual concerned is applicable with respect to cases of mem- or beneficiary requests information from bers of the Naval Reserve.
the Bureau's records, he shall at the dis(4 F.R. 3605, Aug. 15, 1939, as amended at 35
cretion of the Bureau be permitted to F.R. 1286, Jan. 31, 1970]
examine the records of the case in which
he is an interested party. In considering CROSS REFERENCE: For Naval Reserve personnel regulations, see 32 CFR Part 713.
any request for such information the
Bureau shall judge the reasonableness § 1.21
Records relating to Federal Em- thereof, and may in its discretion permit ployees' Compensation Act matters as
inspection of such record or part thererecords of Bureau of Employees'
of, which in its opinion, will not result Compensation.
in damage or harm to the employee or All records, medical and other reports, mentally incompetent, insane or destatements of witnesses and other ceased, the next of kin or legal reprepapers relating to the disability or death sentative must authorize in writing the of a civil employee of the United States or release of records to the representative. other person entitled to compensation (c) Release to other government debenefits from the United States under partments and agencies. Information said act and all amendments or exten- shall be released, upon request, to other sions thereof, are the official records of departments and agencies which have the Bureau and are not records of the proper need for the information. agency, establishment or department (1) Should the Bureau have doubts as making or having the care or use of such to whether the requesting department records. Such records and papers per
has a proper need for the information, taining to any such injury or death are the latter will be requested to specify the confidential and no official or employee purpose for which the information will of a Government establishment who has
be used. In appropriate cases, the reinvestigated or secured statements from questing department will be advised that witnesses and others pertaining to a
the information will be withheld until claim for compensation, or any person
the department obtains the written rehaving the care or use of such reports,
quest of the employee or beneficiary shall disclose information from or per
concerned. taining to such records to any person,
(2) In honoring requests, the Bureau except upon the written approval of the
shall disclose only that information Bureau.
which is germane to the request. (35 F.R. 1286, Jan. 31, 1970]
(d) Release to medical research or sci
entific organizations. Information shall § 1.22 Inspection of records of Bureau be released, upon the request of medical relating to FECA matters.
research, or scientific organizations or (a) Confidentiality of Records. Rec- other qualified researchers when the ords of the Bureau pertaining to an in- Bureau finds that the release of the rejury or death are confidential, and are quested information will not constitute