The Federal Employees’ Compensation Act (FECA), 5 USC Chapter 81, provides compensation benefits to Federal employees for work-related injuries or illnesses, and to their surviving dependents if a work-related injury or illness results in the employee’s death. The FECA is administered by the Department of Labor, Office of Workers’ Compensation Programs (OWCP). The 12 OWCP district offices adjudicate the claims and pay benefits, and the costs of those benefits are charged back to the employing agency.
5 USC CHAPTER 81 - COMPENSATION FOR WORK INJURIES
CHAPTER 81 - COMPENSATION FOR WORK INJURIES
SUBCHAPTER I - GENERALLY
Sec.
8101. Definitions.
8102. Compensation for disability or death of employee.
8103. Medical services and initial medical and other
benefits.
8104. Vocational rehabilitation.
8105. Total disability.
8106. Partial disability.
8107. Compensation schedule.
8108. Reduction of compensation for subsequent injury to
same member.
8109. Beneficiaries of awards unpaid at death; order of
precedence.
8110. Augmented compensation for dependents.
8111. Additional compensation for services of attendants or
vocational rehabilitation.
8112. Maximum and minimum monthly payments.
8113. Increase or decrease of basic compensation.
8114. Computation of pay.
8115. Determination of wage-earning capacity.
8116. Limitations on right to receive compensation.
8117. Time of accrual of right.
8118. Election to use annual or sick leave.(1)
8119. Notice of injury or death.
8120. Report of injury.
8121. Claim.
8122. Time for making claim.
8123. Physical examinations.
8124. Findings and award; hearings.
8125. Misbehavior at proceedings.
8126. Subpenas; oaths; examination of witnesses.
8127. Representation; attorneys' fees.
8128. Review of award.
8129. Recovery of overpayments.
8130. Assignment of claim.
8131. Subrogation of the United States.
8132. Adjustment after recovery from a third person.
8133. Compensation in case of death.
8134. Funeral expenses; transportation of body.
8135. Lump-sum payment.
8136. Initial payments outside the United States.
8137. Compensation for noncitizens and nonresidents.
8138. Minimum limit modification for noncitizens and aliens.
8139. Employees of the District of Columbia.
8140. Members of the Reserve Officers' Training Corps.
8141. Civil Air Patrol volunteers.
8142. Peace Corps volunteers.
8143. Job Corps enrollees; volunteers in service to America.
8143a. Members of the National Teacher Corps.
8144. Student-employees.
8145. Administration.
8146. Administration for the Panama Canal Commission and The
Alaska Railroad.
8146a. Cost-of-living adjustment of compensation.
8147. Employees' Compensation Fund.
8148. Forfeiture of benefits by convicted felons.
8149. Regulations.
8150. Effect on other statutes.
8151. Civil service retention rights.
8152. Annual report.
SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
8171. Compensation for work injuries; generally.
8172. Employees not citizens or residents of the United
States.
8173. Liability under this subchapter exclusive.
SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE
UNITED STATES
[8191. Repealed.]
8192. Benefits.
8193. Administration.
(1) So in original. Does not conform to section catchline.
SUBCHAPTER I - GENERALLY
Sec. 8101. Definitions
For the purpose of this subchapter -
(1) "employee" means -
(A) a civil officer or employee in any branch of the
Government of the United States, including an officer or
employee of an instrumentality wholly owned by the United
States;
(B) an individual rendering personal service to the United
States similar to the service of a civil officer or employee of
the United States, without pay or for nominal pay, when a
statute authorizes the acceptance or use of the service, or
authorizes payment of travel or other expenses of the
individual;
(C) an individual, other than an independent contractor or an
individual employed by an independent contractor, employed on
the Menominee Indian Reservation in Wisconsin in operations
conducted under a statute relating to tribal timber and logging
operations on that reservation;
(D) an individual employed by the government of the District
of Columbia; and
(E) an individual appointed to a position on the office staff
of a former President under section 1(b) of the Act of August
25, 1958 (72 Stat. 838);
but does not include -
(i) a commissioned officer of the Regular Corps of the Public
Health Service;
(ii) a commissioned officer of the Reserve Corps of the
Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science
Services Administration; or
(iv) a member of the Metropolitan Police or the Fire
Department of the District of Columbia who is pensioned or
pensionable under sections 521-535 of title 4, District of
Columbia Code; and
(F) (!1) an individual selected pursuant to chapter 121 of
title 28, United States Code, and serving as a petit or grand
juror;
(2) "physician" includes surgeons, podiatrists, dentists,
clinical psychologists, optometrists, chiropractors, and
osteopathic practitioners within the scope of their practice as
defined by State law. The term "physician" includes chiropractors
only to the extent that their reimbursable services are limited
to treatment consisting of manual manipulation of the spine to
correct a subluxation as demonstrated by X-ray to exist, and
subject to regulation by the Secretary;
(3) "medical, surgical, and hospital services and supplies"
includes services and supplies by podiatrists, dentists, clinical
psychologists, optometrists, chiropractors, osteopathic
practitioners and hospitals within the scope of their practice as
defined by State law. Reimbursable chiropractic services are
limited to treatment consisting of manual manipulation of the
spine to correct a subluxation as demonstrated by X-ray to exist,
and subject to regulation by the Secretary;
(4) "monthly pay" means the monthly pay at the time of injury,
or the monthly pay at the time disability begins, or the monthly
pay at the time compensable disability recurs, if the recurrence
begins more than 6 months after the injured employee resumes
regular full-time employment with the United States, whichever is
greater, except when otherwise determined under section 8113 of
this title with respect to any period;
(5) "injury" includes, in addition to injury by accident, a
disease proximately caused by the employment, and damage to or
destruction of medical braces, artificial limbs, and other
prosthetic devices which shall be replaced or repaired, and such
time lost while such device or appliance is being replaced or
repaired; except that eyeglasses and hearing aids would not be
replaced, repaired, or otherwise compensated for, unless the
damages or destruction is incident to a personal injury requiring
medical services;
(6) "widow" means the wife living with or dependent for support
on the decedent at the time of his death, or living apart for
reasonable cause or because of his desertion;
(7) "parent" includes stepparents and parents by adoption;
(8) "brother" and "sister" mean one who at the time of the
death of the employee is under 18 years of age or over that age
and incapable of self-support, and include stepbrothers and
stepsisters, half brothers and half sisters, and brothers and
sisters by adoption, but do not include married brothers or
married sisters;
(9) "child" means one who at the time of the death of the
employee is under 18 years of age or over that age and incapable
of self-support, and includes stepchildren, adopted children, and
posthumous children, but does not include married children;
(10) "grandchild" means one who at the time of the death of the
employee is under 18 years of age or over that age and incapable
of self-support;
(11) "widower" means the husband living with or dependent for
support on the decedent at the time of her death, or living apart
for reasonable cause or because of her desertion;
(12) "compensation" includes the money allowance payable to an
employee or his dependents and any other benefits paid for from
the Employees' Compensation Fund, but this does not in any way
reduce the amount of the monthly compensation payable for
disability or death;
(13) "war-risk hazard" means a hazard arising during a war in
which the United States is engaged; during an armed conflict in
which the United States is engaged, whether or not war has been
declared; or during a war or armed conflict between military
forces of any origin, occurring in the country in which an
individual to whom this subchapter applies is serving; from -
(A) the discharge of a missile, including liquids and gas, or
the use of a weapon, explosive, or other noxious thing by a
hostile force or individual or in combating an attack or an
imagined attack by a hostile force or individual;
(B) action of a hostile force or individual, including
rebellion or insurrection against the United States or any of
its allies;
(C) the discharge or explosion of munitions intended for use
in connection with a war or armed conflict with a hostile force
or individual;
(D) the collision of vessels on convoy or the operation of
vessels or aircraft without running lights or without other
customary peacetime aids to navigation; or
(E) the operation of vessels or aircraft in a zone of
hostilities or engaged in war activities;
(14) "hostile force or individual" means a nation, a subject of
a foreign nation, or an individual serving a foreign nation -
(A) engaged in a war against the United States or any of its
allies;
(B) engaged in armed conflict, whether or not war has been
declared, against the United States or any of its allies; or
(C) engaged in a war or armed conflict between military
forces of any origin in a country in which an individual to
whom this subchapter applies is serving;
(15) "allies" means any nation with which the United States is
engaged in a common military effort or with which the United
States has entered into a common defensive military alliance;
(16) "war activities" includes activities directly relating to
military operations;
(17) "student" means an individual under 23 years of age who
has not completed 4 years of education beyond the high school
level and who is regularly pursuing a full-time course of study
or training at an institution which is -
(A) a school or college or university operated or directly
supported by the United States, or by a State or local
government or political subdivision thereof;
(B) a school or college or university which has been
accredited by a State or by a State-recognized or nationally
recognized accrediting agency or body;
(C) a school or college or university not so accredited but
whose credits are accepted, on transfer, by at least three
institutions which are so accredited, for credit on the same
basis as if transferred from an institution so accredited; or
(D) an additional type of educational or training institution
as defined by the Secretary of Labor.
Such an individual is deemed not to have ceased to be a student
during an interim between school years if the interim is not more
than 4 months and if he shows to the satisfaction of the
Secretary that he has a bona fide intention of continuing to
pursue a full-time course of study or training during the
semester or other enrollment period immediately after the interim
or during periods of reasonable duration during which, in the
judgment of the Secretary, he is prevented by factors beyond his
control from pursuing his education. A student whose 23rd
birthday occurs during a semester or other enrollment period is
deemed a student until the end of the semester or other
enrollment period;
(18) "price index" means the Consumer Price Index (all items -
United States city average) published monthly by the Bureau of
Labor Statistics; and
(19) "organ" means a part of the body that performs a special
function, and for purposes of this subchapter excludes the brain,
heart, and back; and
(20) "United States medical officers and hospitals" includes
medical officers and hospitals of the Army, Navy, Air Force,
Department of Veterans Affairs, and United States Public Health
Service, and any other medical officer or hospital designated as
a United States medical officer or hospital by the Secretary of
Labor.
1) So in original. Pub. L. 93-416 added par. (F) immediately after
par. (iv), rather than after par. (E).
Sec. 8102. Compensation for disability or death of employee
(a) The United States shall pay compensation as specified by this
subchapter for the disability or death of an employee resulting
from personal injury sustained while in the performance of his
duty, unless the injury or death is -
(1) caused by willful misconduct of the employee;
(2) caused by the employee's intention to bring about the
injury or death of himself or of another; or
(3) proximately caused by the intoxication of the injured
employee.
(b) Disability or death from a war-risk hazard or during or as a
result of capture, detention, or other restraint by a hostile force
or individual, suffered by an employee who is employed outside the
continental United States or in Alaska or in the areas and
installations in the Republic of Panama made available to the
United States pursuant to the Panama Canal Treaty of 1977 and
related agreements (as described in section 3(a) of the Panama
Canal Act of 1979), is deemed to have resulted from personal injury
sustained while in the performance of his duty, whether or not the
employee was engaged in the course of employment when the
disability or disability resulting in death occurred or when he was
taken by the hostile force or individual. This subsection does not
apply to an individual -
(1) whose residence is at or in the vicinity of the place of
his employment and who was not living there solely because of the
exigencies of his employment, unless he was injured or taken
while engaged in the course of his employment; or
(2) who is a prisoner of war or a protected individual under
the Geneva Conventions of 1949 and is detained or utilized by the
United States.
This subsection does not affect the payment of compensation under
this subchapter derived otherwise than under this subsection, but
compensation for disability or death does not accrue for a period
for which pay, other benefit, or gratuity from the United States
accrues to the disabled individual or his dependents on account of
detention by the enemy or because of the same disability or death,
unless that pay, benefit, or gratuity is refunded or renounced.
Sec. 8103. Medical services and initial medical and other benefits
(a) The United States shall furnish to an employee who is injured
while in the performance of duty, the services, appliances, and
supplies prescribed or recommended by a qualified physician, which
the Secretary of Labor considers likely to cure, give relief,
reduce the degree or the period of disability, or aid in lessening
the amount of the monthly compensation. These services, appliances,
and supplies shall be furnished -
(1) whether or not disability has arisen;
(2) notwithstanding that the employee has accepted or is
entitled to receive benefits under subchapter III of chapter 83
of this title or another retirement system for employees of the
Government; and
(3) by or on the order of United States medical officers and
hospitals, or, at the employee's option, by or on the order of
physicians and hospitals designated or approved by the Secretary.
The employee may initially select a physician to provide medical
services, appliances, and supplies, in accordance with such
regulations and instructions as the Secretary considers necessary,
and may be furnished necessary and reasonable transportation and
expenses incident to the securing of such services, appliances, and
supplies. These expenses, when authorized or approved by the
Secretary, shall be paid from the Employees' Compensation Fund.
(b) The Secretary, under such limitations or conditions as he
considers necessary, may authorize the employing agencies to
provide for the initial furnishing of medical and other benefits
under this section. The Secretary may certify vouchers for these
expenses out of the Employees' Compensation Fund when the immediate
superior of the employee certifies that the expense was incurred in
respect to an injury which was accepted by the employing agency as
probably compensable under this subchapter. The Secretary shall
prescribe the form and content of the certificate.
Sec. 8104. Vocational rehabilitation
(a) The Secretary of Labor may direct a permanently disabled
individual whose disability is compensable under this subchapter to
undergo vocational rehabilitation. The Secretary shall provide for
furnishing the vocational rehabilitation services. In providing for
these services, the Secretary, insofar as practicable, shall use
the services or facilities of State agencies and corresponding
agencies which cooperate with the Secretary of Health, Education,
and Welfare in carrying out the purposes of chapter 4 of title 29,
except to the extent that the Secretary of Labor provides for
furnishing these services under section 8103 of this title. The
cost of providing these services to individuals undergoing
vocational rehabilitation under this section shall be paid from the
Employees' Compensation Fund. However, in reimbursing a State or
corresponding agency under an arrangement pursuant to this section
the cost to the agency reimbursable in full under section 32(b)(1)
of title 29 is excluded.
(b) Notwithstanding section 8106, individuals directed to undergo
vocational rehabilitation by the Secretary shall, while undergoing
such rehabilitation, receive compensation at the rate provided in
sections 8105 and 8110 of this title, less the amount of any
earnings received from remunerative employment, other than
employment undertaken pursuant to such rehabilitation.
Sec. 8105. Total disability
Sec. 8106. Partial disability
(a) If the disability is partial, the United States shall pay the
employee during the disability monthly monetary compensation equal
to 66 2/3 percent of the difference between his monthly pay and
his monthly wage-earning capacity after the beginning of the
partial disability, which is known as his basic compensation for
partial disability.
(b) The Secretary of Labor may require a partially disabled
employee to report his earnings from employment or self-employment,
by affidavit or otherwise, in the manner and at the times the
Secretary specifies. The employee shall include in the affidavit or
report the value of housing, board, lodging, and other advantages
which are part of his earnings in employment or self-employment and
which can be estimated in money. An employee who -
(1) fails to make an affidavit or report when required; or
(2) knowingly omit or understates any part of his earnings;
forfeits his right to compensation with respect to any period for
which the affidavit or report was required. Compensation forfeited
under this subsection, if already paid, shall be recovered by a
deduction from the compensation payable to the employee or
otherwise recovered under section 8129 of this title, unless
recovery is waived under that section.
(c) A partially disabled employee who -
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered
to, procured by, or secured for him;
is not entitled to compensation.
SUBCHAPTER I - GENERALLY
Sec. 8107. Compensation schedule
(a) If there is permanent disability involving the loss, or loss
of use, of a member or function of the body or involving
disfigurement, the employee is entitled to basic compensation for
the disability, as provided by the schedule in subsection (c) of
this section, at the rate of 66 2/3 percent of his monthly pay.
The basic compensation is -
(1) payable regardless of whether the cause of the disability
originates in a part of the body other than that member;
(2) payable regardless of whether the disability also involves
another impairment of the body; and
(3) in addition to compensation for temporary total or
temporary partial disability.
(b) With respect to any period after payments under subsection
(a) of this section have ended, an employee is entitled to
compensation as provided by -
(1) section 8105 of this title if the disability is total; or
(2) section 8106 of this title if the disability is partial.
(c) The compensation schedule is as follows:
(1) Arm lost, 312 weeks' compensation.
(2) Leg lost, 288 weeks' compensation.
(3) Hand lost, 244 weeks' compensation.
(4) Foot lost, 205 weeks' compensation.
(5) Eye lost, 160 weeks' compensation.
(6) Thumb lost, 75 weeks' compensation.
(7) First finger lost, 46 weeks' compensation.
(8) Great toe lost, 38 weeks' compensation.
(9) Second finger lost, 30 weeks' compensation.
(10) Third finger lost, 25 weeks' compensation.
(11) Toe other than great toe lost, 16 weeks' compensation.
(12) Fourth finger lost, 15 weeks' compensation.
(13) Loss of hearing -
(A) complete loss of hearing of one ear, 52 weeks'
compensation; or
(B) complete loss of hearing of both ears, 200 weeks'
compensation.
(14) Compensation for loss of binocular vision or for loss of
80 percent or more of the vision of an eye is the same as for
loss of the eye.
(15) Compensation for loss of more than one phalanx of a digit
is the same as for loss of the entire digit. Compensation for
loss of the first phalanx is one-half of the compensation for
loss of the entire digit.
(16) If, in the case of an arm or a leg, the member is
amputated above the wrist or ankle, compensation is the same as
for loss of the arm or leg, respectively.
(17) Compensation for loss of use of two or more digits, or one
or more phalanges of each of two or more digits, of a hand or
foot, is proportioned to the loss of use of the hand or foot
occasioned thereby.
(18) Compensation for permanent total loss of use of a member
is the same as for loss of the member.
(19) Compensation for permanent partial loss of use of a member
may be for proportionate loss of use of the member. The degree of
loss of vision or hearing under this schedule is determined
without regard to correction.
(20) In case of loss of use of more than one member or parts of
more than one member as enumerated by this schedule, the
compensation is for loss of use of each member or part thereof,
and the awards run consecutively. However, when the injury
affects only two or more digits of the same hand or foot,
paragraph (17) of this subsection applies, and when partial
bilateral loss of hearing is involved, compensation is computed
on the loss as affecting both ears.
(21) For serious disfigurement of the face, head, or neck of a
character likely to handicap an individual in securing or
maintaining employment, proper and equitable compensation not to
exceed $3,500 shall be awarded in addition to any other
compensation payable under this schedule.
(22) For permanent loss or loss of use of any other important
external or internal organ of the body as determined by the
Secretary, proper and equitable compensation not to exceed 312
weeks' compensation for each organ so determined shall be paid in
addition to any other compensation payable under this schedule.
Sec. 8108. Reduction of compensation for subsequent injury to same
member
The period of compensation payable under the schedule in section
8107(c) of this title is reduced by the period of compensation paid
or payable under the schedule for an earlier injury if -
(1) compensation in both cases is for disability of the same
member or function or different parts of the same member or
function or for disfigurement; and
(2) the Secretary of Labor finds that compensation payable for
the later disability in whole or in part would duplicate the
compensation payable for the preexisting disability.
In such a case, compensation for disability continuing after the
scheduled period starts on expiration of that period as reduced
under this section.
Sec. 8109. Beneficiaries of awards unpaid at death; order of
precedence
(a) If an individual -
(1) has sustained disability compensable under section 8107(a)
of this title;
(2) has filed a valid claim in his lifetime; and
(3) dies from a cause other than the injury before the end of
the period specified by the schedule;
the compensation specified by the schedule that is unpaid at his
death, whether or not accrued or due at his death, shall be paid -
(A) under an award made before or after the death;
(B) for the period specified by the schedule;
(C) to and for the benefit of the persons then in being within
the classes and proportions and on the conditions specified by
this section; and
(D) in the following order of precedence:
(i) If there is no child, to the widow or widower.
(ii) If there are both a widow or widower and a child or
children, one-half to the widow or widower and one-half to the
child or children.
(iii) If there is no widow or widower, to the child or
children.
(iv) If there is no survivor in the above classes, to the
parent or parents wholly or partly dependent for support on the
decedent, or to other wholly dependent relatives listed by
section 8133(a)(5) of this title, or to both in proportions
provided by regulation.
(v) If there is no survivor in the above classes and no
burial allowance is payable under section 8134 of this title,
an amount not exceeding that which would be expendable under
section 8134 of this title if applicable shall be paid to
reimburse a person equitably entitled thereto to the extent and
in the proportion that he has paid the burial expenses, but a
compensated insurer or other person obligated by law or
contract to pay the burial expenses or a State or political
subdivision or entity is deemed not equitably entitled.
(b) Payments under subsection (a) of this section, except for an
amount payable for a period preceding the death of the individual,
are at the basic rate of compensation for permanent disability
specified by section 8107(a) of this title even if at the time of
death the individual was entitled to the augmented rate specified
by section 8110 of this title.
(c) A surviving beneficiary under subsection (a) of this section,
except one under subsection (a)(D)(v), does not have a vested right
to payment and must be alive to receive payment.
(d) A beneficiary under subsection (a) of this section, except
one under subsection (a)(D)(v), ceases to be entitled to payment on
the happening of an event which would terminate his right to
compensation for death under section 8133 of this title. When that
entitlement ceases, compensation remaining unpaid under subsection
(a) of this section is payable to the surviving beneficiary in
accordance with subsection (a) of this section.
Sec. 8110. Augmented compensation for dependents
(a) For the purpose of this section, "dependent" means -
(1) a wife, if -
(A) she is member of the same household as the employee;
(B) she is receiving regular contributions from the employee
for her support; or
(C) the employee has been ordered by a court to contribute to
her support;
(2) a husband, if -
(A) he is a member of the same household as the employee; or
(B) he is receiving regular contributions from the employee
for his support; or
(C) the employee has been ordered by a court to contribute to
his support;
(3) an unmarried child, while living with the employee or
receiving regular contributions from the employee toward his
support, and who is -
(A) under 18 years of age; or
(B) over 18 years of age and incapable of self-support
because of physical or mental disability; and
(4) a parent, while wholly dependent on and supported by the
employee.
Notwithstanding paragraph (3) of this subsection, compensation
payable for a child that would otherwise end because the child has
reached 18 years of age shall continue if he is a student as
defined by section 8101 of this title at the time he reaches 18
years of age for so long as he continues to be such a student or
until he marries.
(b) A disabled employee with one or more dependents is entitled
to have his basic compensation for disability augmented -
(1) at the rate of 8 1/3 percent of his monthly pay if that
compensation is payable under section 8105 or 8107(a) of this
title; and
(2) at the rate of 8 1/3 percent of the difference between his
monthly pay and his monthly wage-earning capacity if that
compensation is payable under section 8106(a) of this title.
Sec. 8111. Additional compensation for services of attendants or
vocational rehabilitation
(a) The Secretary of Labor may pay an employee who has been
awarded compensation an additional sum of not more than $1,500 a
month, as the Secretary considers necessary, when the Secretary
finds that the service of an attendant is necessary constantly
because the employee is totally blind, or has lost the use of both
hands or both feet, or is paralyzed and unable to walk, or because
of other disability resulting from the injury making him so
helpless as to require constant attendance.
(b) The Secretary may pay an individual undergoing vocational
rehabilitation under section 8104 of this title additional
compensation necessary for his maintenance, but not to exceed $200
a month.
Sec. 8112. Maximum and minimum monthly payments
(a) Except as provided by section 8138 of this title, the monthly
rate of compensation for disability, including augmented
compensation under section 8110 of this title but not including
additional compensation under section 8111 of this title, may not
be more than 75 percent of the monthly pay of the maximum rate of
basic pay for GS-15, and in case of total disability may not be
less than 75 percent of the monthly pay of the minimum rate of
basic pay for GS-2 or the amount of the monthly pay of the
employee, whichever is less.
(b) The provisions of subsection (a) shall not apply to any
employee whose disability is a result of an assault which occurs
during an assassination or attempted assassination of a Federal
official described under section 351(a) or 1751(a) of title 18, and
was sustained in the performance of duty.
Sec. 8113. Increase or decrease of basic compensation
(a) If an individual -
(1) was a minor or employed in a learner's capacity at the time
of injury; and
(2) was not physically or mentally handicapped before the
injury;
the Secretary of Labor, on review under section 8128 of this title
after the time the wage-earning capacity of the individual would
probably have increased but for the injury, shall recompute
prospectively the monetary compensation payable for disability on
the basis of an assumed monthly pay corresponding to the probable
increased wage-earning capacity.
(b) If an individual without good cause fails to apply for and
undergo vocational rehabilitation when so directed under section
8104 of this title, the Secretary, on review under section 8128 of
this title and after finding that in the absence of the failure the
wage-earning capacity of the individual would probably have
substantially increased, may reduce prospectively the monetary
compensation of the individual in accordance with what would
probably have been his wage-earning capacity in the absence of the
failure, until the individual in good faith complies with the
direction of the Secretary.
Sec. 8114. Computation of pay
(a) For the purpose of this section -
(1) "overtime pay" means pay for hours of service in excess of
a statutory or other basic workweek or other basic unit of
worktime, as observed by the employing establishment; and
(2) "year" means a period of 12 calendar months, or the
equivalent thereof as specified by regulations prescribed by the
Secretary of Labor.
(b) In computing monetary compensation for disability or death on
the basis of monthly pay, that pay is determined under this
section.
(c) The monthly pay at the time of injury is deemed one-twelfth
of the average annual earnings of the employee at that time. When
compensation is paid on a weekly basis, the weekly equivalent of
the monthly pay is deemed one-fifty-second of the average annual
earnings. However, for so much of a period of total disability as
does not exceed 90 calendar days from the date of the beginning of
compensable disability, the compensation, in the discretion of the
Secretary of Labor, may be computed on the basis of the actual
daily wage of the employee at the time of injury in which event he
may be paid compensation for the days he would have worked but for
the injury.
(d) Average annual earnings are determined as follows:
(1) If the employee worked in the employment in which he was
employed at the time of his injury during substantially the whole
year immediately preceding the injury and the employment was in a
position for which an annual rate of pay -
(A) was fixed, the average annual earnings are the annual
rate of pay; or
(B) was not fixed, the average annual earnings are the
product obtained by multiplying his daily wage for the
particular employment, or the average thereof if the daily wage
has fluctuated, by 300 if he was employed on the basis of a
6-day workweek, 280 if employed on the basis of a 5 1/2 -day
week, and 260 if employed on the basis of a 5-day week.
(2) If the employee did not work in employment in which he was
employed at the time of his injury during substantially the whole
year immediately preceding the injury, but the position was one
which would have afforded employment for substantially a whole
year, the average annual earnings are a sum equal to the average
annual earnings of an employee of the same class working
substantially the whole immediately preceding year in the same or
similar employment by the United States in the same or
neighboring place, as determined under paragraph (1) of this
subsection.
(3) If either of the foregoing methods of determining the
average annual earnings cannot be applied reasonably and fairly,
the average annual earnings are a sum that reasonably represents
the annual earning capacity of the injured employee in the
employment in which he was working at the time of the injury
having regard to the previous earnings of the employee in Federal
employment, and of other employees of the United States in the
same or most similar class working in the same or most similar
employment in the same or neighboring location, other previous
employment of the employee, or other relevant factors. However,
the average annual earnings may not be less than 150 times the
average daily wage the employee earned in the employment during
the days employed within 1 year immediately preceding his injury.
(4) If the employee served without pay or at nominal pay,
paragraphs (1), (2), and (3) of this subsection apply as far as
practicable, but the average annual earnings of the employee may
not exceed the minimum rate of basic pay for GS-15. If the
average annual earnings cannot be determined reasonably and
fairly in the manner otherwise provided by this section, the
average annual earnings shall be determined at the reasonable
value of the service performed but not in excess of $3,600 a
year.
(e) The value of subsistence and quarters, and of any other form
of remuneration in kind for services if its value can be estimated
in money, and premium pay under section 5545(c)(1) of this title
are included as part of the pay, but account is not taken of -
(1) overtime pay;
(2) additional pay or allowance authorized outside the United
States because of differential in cost of living or other special
circumstances; or
(3) bonus or premium pay for extraordinary service including
bonus or pay for particularly hazardous service in time of war.
Sec. 8115. Determination of wage-earning capacity
(a) In determining compensation for partial disability, except
permanent partial disability compensable under sections 8107-8109
of this title, the wage-earning capacity of an employee is
determined by his actual earnings if his actual earnings fairly and
reasonably represent his wage-earning capacity. If the actual
earnings of the employee do not fairly and reasonably represent his
wage-earning capacity or if the employee has no actual earnings,
his wage-earning capacity as appears reasonable under the
circumstances is determined with due regard to -
(1) the nature of his injury;
(2) the degree of physical impairment;
(3) his usual employment;
(4) his age;
(5) his qualifications for other employment;
(6) the availability of suitable employment; and
(7) other factors or circumstances which may affect his
wage-earning capacity in his disabled condition.
(b) Section 8114(d) of this title is applicable in determining
the wage-earning capacity of an employee after the beginning of
partial disability.
Sec. 8116. Limitations on right to receive compensation
(a) While an employee is receiving compensation under this
subchapter, or if he has been paid a lump sum in commutation of
installment payments until the expiration of the period during
which the installment payments would have continued, he may not
receive salary, pay, or remuneration of any type from the United
States, except -
(1) in return for service actually performed;
(2) pension for service in the Army, Navy, or Air Force;
(3) other benefits administered by the Department of Veterans
Affairs unless such benefits are payable for the same injury or
the same death; and
(4) retired pay, retirement pay, retainer pay, or equivalent
pay for service in the Armed Forces or other uniformed services.
However, eligibility for or receipt of benefits under subchapter
III of chapter 83 of this title, or another retirement system for
employees of the Government, does not impair the right of the
employee to compensation for scheduled disabilities specified by
section 8107(c) of this title.
(b) An individual entitled to benefits under this subchapter
because of his injury, or because of the death of an employee, who
also is entitled to receive from the United States under a
provision of statute other than this subchapter payments or
benefits for that injury or death (except proceeds of an insurance
policy), because of service by him (or in the case of death, by the
deceased) as an employee or in the armed forces, shall elect which
benefits he will receive. The individual shall make the election
within 1 year after the injury or death or within a further time
allowed for good cause by the Secretary of Labor. The election when
made is irrevocable, except as otherwise provided by statute.
(c) The liability of the United States or an instrumentality
thereof under this subchapter or any extension thereof with respect
to the injury or death of an employee is exclusive and instead of
all other liability of the United States or the instrumentality to
the employee, his legal representative, spouse, dependents, next of
kin, and any other person otherwise entitled to recover damages
from the United States or the instrumentality because of the injury
or death in a direct judicial proceeding, in a civil action, or in
admiralty, or by an administrative or judicial proceeding under a
workmen's compensation statute or under a Federal tort liability
statute. However, this subsection does not apply to a master or a
member of a crew of a vessel.
(d) Notwithstanding the other provisions of this section, an
individual receiving benefits for disability or death under this
subchapter who is also receiving benefits under subchapter III of
chapter 84 of this title or benefits under title II of the Social
Security Act shall be entitled to all such benefits, except that -
(1) benefits received under section 223 of the Social Security
Act (on account of disability) shall be subject to reduction on
account of benefits paid under this subchapter pursuant to the
provisions of section 224 of the Social Security Act; and
(2) in the case of benefits received on account of age or death
under title II of the Social Security Act, compensation payable
under this subchapter based on the Federal service of an employee
shall be reduced by the amount of any such social security
benefits payable that are attributable to Federal service of that
employee covered by chapter 84 of this title. However,
eligibility for or receipt of benefits under chapter 84 of this
title, or benefits under title II of the Social Security Act by
virtue of service covered by chapter 84 of this title, does not
affect the right of the employee to compensation for scheduled
disabilities specified by section 8107(c) of this title.
Sec. 8117. Time of accrual of right
Sec. 8118. Continuation of pay; election to use annual or sick
leave
(a) The United States shall authorize the continuation of pay of
an employee, as defined in section 8101(1) of this title (other
than those referred to in clause (B) or (E), who has filed a claim
for a period of wage loss due to a traumatic injury with his
immediate superior on a form approved by the Secretary of Labor
within the time specified in section 8122(a)(2) of this title.
(b) Continuation of pay under this subchapter shall be furnished
-
(1) without a break in time unless controverted under
regulations of the Secretary;
(2) for a period not to exceed 45 days; and
(3) under accounting procedures and such other regulations as
the Secretary may require.
(c) An employee may use annual or sick leave to his credit at the
time the disability begins, but his compensation for disability
does not begin, and the time periods specified by section 8117 of
this title do not begin to run, until termination of pay as set
forth in subsections (a) and (b) or the use of annual or sick leave
ends.
(d) If a claim under subsection (a) is denied by the Secretary,
payments under this section shall, at the option of the employee,
be charged to sick or annual leave or shall be deemed overpayments
of pay within the meaning of section 5584 of title 5, United States
Code.
(e) Payments under this section shall not be considered as
compensation as defined by section 8101(12) of this title.
Sec. 8119. Notice of injury or death
An employee injured in the performance of his duty, or someone on
his behalf, shall give notice thereof. Notice of a death believed
to be related to the employment shall be given by an eligible
beneficiary specified in section 8133 of this title, or someone on
his behalf. A notice of injury or death shall -
(a) be given within 30 days after the injury or death;
(b) be given to the immediate superior of the employee by
personal delivery or by depositing it in the mail properly
stamped and addressed;
(c) be in writing;
(d) state the name and address of the employee;
(e) state the year, month, day, and hour when and the
particular locality where the injury or death occurred;
(f) state the cause and nature of the injury, or, in the case
of death, the employment factors believed to be the cause; and
(g) be signed by and contain the address of the individual
giving the notice.
Sec. 8120. Report of injury
Immediately after an injury to an employee which results in his
death or probable disability, his immediate superior shall report
to the Secretary of Labor. The Secretary may -
(1) prescribe the information that the report shall contain;
(2) require the immediate superior to make supplemental
reports; and
(3) obtain such additional reports and information from
employees as are agreed on by the Secretary and the head of the
employing agency.
Sec. 8121. Claim
Compensation under this subchapter may be allowed only if an
individual or someone on his behalf makes claim therefor. The claim
shall -
(1) be made in writing within the time specified by section
8122 of this title;
(2) be delivered to the office of the Secretary of Labor or to
an individual whom the Secretary may designate by regulation, or
deposited in the mail properly stamped and addressed to the
Secretary or his designee;
(3) be on a form approved by the Secretary;
(4) contain all information required by the Secretary;
(5) be sworn to by the individual entitled to compensation or
someone on his behalf; and
(6) except in case of death, be accompanied by a certificate of
the physician of the employee stating the nature of the injury
and the nature and probable extent of the disability.
The Secretary may waive paragraphs (3)-(6) of this section for
reasonable cause shown.
Sec. 8122. Time for making claim
(a) An original claim for compensation for disability or death
must be filed within 3 years after the injury or death.
Compensation for disability or death, including medical care in
disability cases, may not be allowed if claim is not filed within
that time unless -
(1) the immediate superior had actual knowledge of the injury
or death within 30 days. The knowledge must be such to put the
immediate superior reasonably on notice of an on-the-job injury
or death; or
(2) written notice of injury or death as specified in section
8119 of this title was given within 30 days.
(b) In a case of latent disability, the time for filing claim
does not begin to run until the employee has a compensable
disability and is aware, or by the exercise of reasonable diligence
should have been aware, of the causal relationship of the
compensable disability to his employment. In such a case, the time
for giving notice of injury begins to run when the employee is
aware, or by the exercise of reasonable diligence should have been
aware, that his condition is causally related to his employment,
whether or not there is a compensable disability.
(c) The timely filing of a disability claim because of injury
will satisfy the time requirements for a death claim based on the
same injury.
(d) The time limitations in subsections (a) and (b) of this
section do not -
(1) begin to run against a minor until he reaches 21 years of
age or has had a legal representative appointed; or
(2) run against an incompetent individual while he is
incompetent and has no duly appointed legal representative; or
(3) run against any individual whose failure to comply is
excused by the Secretary on the ground that such notice could not
be given because of exceptional circumstances.
Sec. 8123. Physical examinations
(a) An employee shall submit to examination by a medical officer
of the United States, or by a physician designated or approved by
the Secretary of Labor, after the injury and as frequently and at
the times and places as may be reasonably required. The employee
may have a physician designated and paid by him present to
participate in the examination. If there is disagreement between
the physician making the examination for the United States and the
physician of the employee, the Secretary shall appoint a third
physician who shall make an examination.
(b) An employee is entitled to be paid expenses incident to an
examination required by the Secretary which in the opinion of the
Secretary are necessary and reasonable, including transportation
and loss of wages incurred in order to be examined. The expenses,
when authorized or approved by the Secretary, are paid from the
Employees' Compensation Fund.
(c) The Secretary shall fix the fees for examinations held under
this section by physicians not employed by or under contract to the
United States to furnish medical services to employees. The fees,
when authorized or approved by the Secretary, are paid from the
Employees' Compensation Fund.
(d) If an employee refuses to submit to or obstructs an
examination, his right to compensation under this subchapter is
suspended until the refusal or obstruction stops. Compensation is
not payable while a refusal or obstruction continues, and the
period of the refusal or obstruction is deducted from the period
for which compensation is payable to the employee.
Sec. 8124. Findings and award; hearings
(a) The Secretary of Labor shall determine and make a finding of
facts and make an award for or against payment of compensation
under this subchapter after -
(1) considering the claim presented by the beneficiary and the
report furnished by the immediate superior; and
(2) completing such investigation as he considers necessary.
(b)(1) Before review under section 8128(a) of this title, a
claimant for compensation not satisfied with a decision of the
Secretary under subsection (a) of this section is entitled, on
request made within 30 days after the date of the issuance of the
decision, to a hearing on his claim before a representative of the
Secretary. At the hearing, the claimant is entitled to present
evidence in further support of his claim. Within 30 days after the
hearing ends, the Secretary shall notify the claimant in writing of
his further decision and any modifications of the award he may make
and of the basis of his decision.
(2) In conducting the hearing, the representative of the
Secretary is not bound by common law or statutory rules of
evidence, by technical or formal rules of procedure, or by section
554 of this title except as provided by this subchapter, but may
conduct the hearing in such manner as to best ascertain the rights
of the claimant. For this purpose, he shall receive such relevant
evidence as the claimant adduces and such other evidence as he
determines necessary or useful in evaluating the claim.
Sec. 8125. Misbehavior at proceedings
If an individual -
(1) disobeys or resists a lawful order or process in
proceedings under this subchapter before the Secretary of Labor
or his representative; or
(2) misbehaves during a hearing or so near the place of hearing
as to obstruct it;
the Secretary or his representative shall certify the facts to the
district court having jurisdiction in the place where he is
sitting. The court, in a summary manner, shall hear the evidence as
to the acts complained of and if the evidence warrants, punish the
individual in the same manner and to the same extent as for a
contempt committed before the court, or commit the individual on
the same conditions as if the forbidden act had occurred with
reference to the process of or in the presence of the court.
Sec. 8126. Subpenas; oaths; examination of witnesses
The Secretary of Labor, on any matter within his jurisdiction
under this subchapter, may -
(1) issue subpenas for and compel the attendance of witnesses
within a radius of 100 miles;
(2) administer oaths;
(3) examine witnesses; and
(4) require the production of books, papers, documents, and
other evidence.
Sec. 8127. Representation; attorneys' fees
(a) A claimant may authorize an individual to represent him in
any proceeding under this subchapter before the Secretary of Labor.
(b) A claim for legal or other services furnished in respect to a
case, claim, or award for compensation under this subchapter is
valid only if approved by the Secretary.
Sec. 8128. Review of award
(a) The Secretary of Labor may review an award for or against
payment of compensation at any time on his own motion or on
application. The Secretary, in accordance with the facts found on
review, may -
(1) end, decrease, or increase the compensation previously
awarded; or
(2) award compensation previously refused or discontinued.
(b) The action of the Secretary or his designee in allowing or
denying a payment under this subchapter is -
(1) final and conclusive for all purposes and with respect to
all questions of law and fact; and
(2) not subject to review by another official of the United
States or by a court by mandamus or otherwise.
Credit shall be allowed in the accounts of a certifying or
disbursing official for payment in accordance with that action.
Sec. 8129. Recovery of overpayments
(a) When an overpayment has been made to an individual under this
subchapter because of an error of fact or law, adjustment shall be
made under regulations prescribed by the Secretary of Labor by
decreasing later payments to which the individual is entitled. If
the individual dies before the adjustment is completed, adjustment
shall be made by decreasing later benefits payable under this
subchapter with respect to the individual's death.
(b) Adjustment or recovery by the United States may not be made
when incorrect payment has been made to an individual who is
without fault and when adjustment or recovery would defeat the
purpose of this subchapter or would be against equity and good
conscience.
(c) A certifying or disbursing official is not liable for an
amount certified or paid by him when -
(1) adjustment or recovery of the amount is waived under
subsection (b) of this section; or
(2) adjustment under subsection (a) of this section is not
completed before the death of all individuals against whose
benefits deductions are authorized.
Sec. 8130. Assignment of claim
An assignment of a claim for compensation under this subchapter
is void. Compensation and claims for compensation are exempt from
claims of creditors.
Sec. 8131. Subrogation of the United States
(a) If an injury or death for which compensation is payable under
this subchapter is caused under circumstances creating a legal
liability on a person other than the United States to pay damages,
the Secretary of Labor may require the beneficiary to -
(1) assign to the United States any right of action he may have
to enforce the liability or any right he may have to share in
money or other property received in satisfaction of that
liability; or
(2) prosecute the action in his own name.
An employee required to appear as a party or witness in the
prosecution of such an action is in an active duty status while so
engaged.
(b) A beneficiary who refuses to assign or prosecute an action in
his own name when required by the Secretary is not entitled to
compensation under this subchapter.
(c) The Secretary may prosecute or compromise a cause of action
assigned to the United States. When the Secretary realizes on the
cause of action, he shall deduct therefrom and place to the credit
of the Employees' Compensation Fund the amount of compensation
already paid to the beneficiary and the expense of realization or
collection. Any surplus shall be paid to the beneficiary and
credited on future payments of compensation payable for the same
injury. However, the beneficiary is entitled to not less than
one-fifth of the net amount of a settlement or recovery remaining
after the expenses thereof have been deducted.
(d) If an injury or death for which compensation is payable under
this subchapter is caused under circumstances creating a legal
liability in the Panama Canal Company to pay damages under the law
of a State, a territory or possession of the United States, the
District of Columbia, or a foreign country, compensation is not
payable until the individual entitled to compensation -
(1) releases to the Panama Canal Company any right of action he
may have to enforce the liability of the Panama Canal Company; or
(2) assigns to the United States any right he may have to share
in money or other property received in satisfaction of the
liability of the Panama Canal Company.
Sec. 8132. Adjustment after recovery from a third person
If an injury or death for which compensation is payable under
this subchapter is caused under circumstances creating a legal
liability in a person other than the United States to pay damages,
and a beneficiary entitled to compensation from the United States
for that injury or death receives money or other property in
satisfaction of that liability as the result of suit or settlement
by him or in his behalf, the beneficiary, after deducting therefrom
the costs of suit and a reasonable attorney's fee, shall refund to
the United States the amount of compensation paid by the United
States and credit any surplus on future payments of compensation
payable to him for the same injury. No court, insurer, attorney, or
other person shall pay or distribute to the beneficiary or his
designee the proceeds of such suit or settlement without first
satisfying or assuring satisfaction of the interest of the United
States. The amount refunded to the United States shall be credited
to the Employees' Compensation Fund. If compensation has not been
paid to the beneficiary, he shall credit the money or property on
compensation payable to him by the United States for the same
injury. However, the beneficiary is entitled to retain, as a
minimum, at least one-fifth of the net amount of the money or other
property remaining after the expenses of a suit or settlement have
been deducted; and in addition to this minimum and at the time of
distribution, an amount equivalent to a reasonable attorney's fee
proportionate to the refund to the United States.
Sec. 8133. Compensation in case of death
(a) If death results from an injury sustained in the performance
of duty, the United States shall pay a monthly compensation equal
to a percentage of the monthly pay of the deceased employee in
accordance with the following schedule:
(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent
and in addition 15 percent for each child not to exceed a total
of 75 percent for the widow or widower and children.
(3) To the children, if there is no widow or widower, 40
percent for one child and 15 percent additional for each
additional child not to exceed a total of 75 percent, divided
among the children share and share alike.
(4) To the parents, if there is no widow, widower, or child, as
follows -
(A) 25 percent if one parent was wholly dependent on the
employee at the time of death and the other was not dependent
to any extent;
(B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Secretary
of Labor if one or both were partly dependent.
If there is a widow, widower, or child, so much of the
percentages are payable as, when added to the total percentages
payable to the widow, widower, and children, will not exceed a
total of 75 percent.
(5) To the brothers, sisters, grandparents, and grandchildren,
if there is no widow, widower, child, or dependent parent, as
follows -
(A) 20 percent if one was wholly dependent on the employee at
the time of death;
(B) 30 percent if more than one was wholly dependent, divided
among the dependents share and share alike; or
(C) 10 percent if no one is wholly dependent but one or more
is partly dependent, divided among the dependents share and
share alike.
If there is a widow, widower, child, or dependent parent, so much
of the percentages are payable as, when added to the total
percentages payable to the widow, widower, children, and
dependent parents, will not exceed a total of 75 percent.
(b) The compensation payable under subsection (a) of this section
is paid from the time of death until -
(1) a widow, or widower dies or remarries before reaching age
55;
(2) a child, a brother, a sister, or a grandchild dies,
marries, or becomes 18 years of age, or if over age 18 and
incapable of self-support becomes capable of self-support; or
(3) a parent or grandparent dies, marries, or ceases to be
dependent.
Notwithstanding paragraph (2) of this subsection, compensation
payable to or for a child, a brother or sister, or grandchild that
would otherwise end because the child, brother or sister, or
grandchild has reached 18 years of age shall continue if he is a
student as defined by section 8101 of this title at the time he
reaches 18 years of age for so long as he continues to be such a
student or until he marries. A widow or widower who has
entitlements to benefits under this title derived from more than
one husband or wife shall elect one entitlement to be utilized.
(c) On the cessation of compensation under this section to or on
account of an individual, the compensation of the remaining
individuals entitled to compensation for the unexpired part of the
period during which their compensation is payable, is that which
they would have received if they had been the only individuals
entitled to compensation at the time of the death of the employee.
(d) When there are two or more classes of individuals entitled to
compensation under this section and the apportionment of
compensation under this section would result in injustice, the
Secretary may modify the apportionment to meet the requirements of
the case.
(e) In computing compensation under this section, the monthly pay
is deemed not less than the minimum rate of basic pay for GS-2.
However, the total monthly compensation may not exceed -
(1) the monthly pay computed under section 8114 of this title,
except for increases authorized by section 8146a of this title;
or
(2) 75 percent of the monthly pay of the maximum rate of basic
pay for GS-15.
(f) Notwithstanding any funeral and burial expenses paid under
section 8134, there shall be paid a sum of $200 to the personal
representative of a deceased employee within the meaning of section
8101(1) of this title for reimbursement of the costs of termination
of the decedent's status as an employee of the United States.
Sec. 8134. Funeral expenses; transportation of body
(a) If death results from an injury sustained in the performance
of duty, the United States shall pay, to the personal
representative of the deceased or otherwise, funeral and burial
expenses not to exceed $800, in the discretion of the Secretary of
Labor.
(b) The body of an employee whose home is in the United States,
in the discretion of the Secretary, may be embalmed and transported
in a hermetically sealed casket to his home or last place of
residence at the expense of the Employees' Compensation Fund if -
(1) the employee dies from -
(A) the injury while away from his home or official station
or outside the United States; or
(B) from other causes while away from his home or official
station for the purpose of receiving medical or other services,
appliances, supplies, or examination under this subchapter; and
(2) the relatives of the employee request the return of his
body.
If the relatives do not request the return of the body of the
employee, the Secretary may provide for its disposition and incur
and pay from the Employees' Compensation Fund the necessary and
reasonable transportation, funeral, and burial expenses.
Sec. 8135. Lump-sum payment
(a) The liability of the United States for compensation to a
beneficiary in the case of death or of permanent total or permanent
partial disability may be discharged by a lump-sum payment equal to
the present value of all future payments of compensation computed
at 4 percent true discount compounded annually if -
(1) the monthly payment to the beneficiary is less than $50 a
month;
(2) the beneficiary is or is about to become a nonresident of
the United States; or
(3) the Secretary of Labor determines that it is for the best
interest of the beneficiary.
The probability of the death of the beneficiary before the
expiration of the period during which he is entitled to
compensation shall be determined according to the most current
United States Life Tables, as developed by the United States
Department of Health, Education, and Welfare, which shall be
updated from time to time, but the lump-sum payment to a widow or
widower of the deceased employee may not exceed 60 months'
compensation. The probability of the happening of any other
contingency affecting the amount or duration of compensation shall
be disregarded.
(b) On remarriage before reaching age 55 a widow or widower
entitled to compensation under section 8133 of this title, shall be
paid a lump sum equal to twenty-four times the monthly compensation
payment (excluding compensation on account of another individual)
to which he was entitled immediately before the remarriage.
Sec. 8136. Initial payments outside the United States
If an employee is injured outside the continental United States,
the Secretary of Labor may arrange and provide for initial payment
of compensation and initial furnishing of other benefits under this
subchapter by an employee or agent of the United States designated
by the Secretary for that purpose in the locality in which the
employee was employed or the injury incurred.
Sec. 8137. Compensation for noncitizens and nonresidents
(a) When the Secretary of Labor finds that the amount of
compensation payable to an employee who is neither a citizen nor
resident of the United States or Canada, or payable to a dependent
of such an employee, is substantially disproportionate to
compensation for disability or death payable in similar cases under
local statute, regulations, custom, or otherwise at the place
outside the continental United States or Canada where the employee
is working at the time of injury, he may provide for payment of
compensation on a basis reasonably in accord with prevailing local
payments in similar cases by -
(1) the adoption or adaption of the substantive features, by a
schedule or otherwise, of local workmen's compensation provisions
or other local statute, regulation, or custom applicable in cases
of personal injury or death; or
(2) establishing special schedules of compensation for injury,
death, and loss of use of members and functions of the body for
specific classes of employees, areas, and places.
Irrespective of the basis adopted, the Secretary may at any time -
(A) modify or limit the maximum monthly and total aggregate
payments for injury, death, and medical or other benefits;
(B) modify or limit the percentages of the wage of the employee
payable as compensation for the injury or death; and
(C) modify, limit, or redesignate the class or classes of
beneficiaries entitled to death benefits, including the
designation of persons, representatives, or groups entitled to
payment under local statute or custom whether or not included in
the classes of beneficiaries otherwise specified by this
subchapter.
(b) In a case under this section, the Secretary or his designee
may -
(1) make a lump-sum award in the manner prescribed by section
8135 of this title when he or his designee considers it to be for
the best interest of the United States; and
(2) compromise and pay a claim for benefits, including a claim
in which there is a dispute as to jurisdiction or other fact or a
question of law.
Compensation paid under this subsection is instead of all other
compensation from the United States for the same injury or death,
and a payment made under this subsection is deemed compensation
under this subchapter and is satisfaction of all liability of the
United States in respect to the particular injury or death.
(c) The Secretary may delegate to an employee or agency of the
United States, with such limitations and right of review as he
considers advisable, authority to process, adjudicate, commute by
lump-sum award, compromise, and pay a claim or class of claims for
compensation, and to provide other benefits, locally, under this
section, in accordance with such regulations and instructions as
the Secretary considers necessary. For this purpose, the Secretary
may provide or transfer funds, including reimbursement of amounts
paid under this subchapter.
(d) The Secretary may waive the application of this subchapter in
whole or in part and for such period or periods as he may fix if he
finds that -
(1) conditions prevent the establishment of facilities for
processing and adjudicating claims under this section; or
(2) claimants under this section are alien enemies.
(e) The Secretary may apply this section retrospectively with
adjustment of compensation and benefits as he considers necessary
and proper.
Sec. 8138. Minimum limit modification for noncitizens and aliens
(a) Except as provided by subsection (b) of this section, the
minimum limit on monthly compensation for disability under section
8112 of this title and the minimum limit on monthly pay on which
death compensation is computed under section 8133 of this title do
not apply in the case of a noncitizen employee, or a class or
classes of noncitizen employees, who sustain injury outside the
continental United States. The Secretary of Labor may establish a
minimum monthly pay on which death compensation is computed in the
case of a class or classes of such noncitizen employees.
(b) The President may remove or modify the minimum limit on
monthly compensation for disability under section 8112 of this
title and the minimum limit on monthly pay on which death
compensation is computed under section 8133 of this title in the
case of an alien employee, or a class or classes of alien
employees, of the Canal Zone Government or the Panama Canal
Company.
Sec. 8139. Employees of the District of Columbia
Compensation awarded to an employee of the government of the
District of Columbia shall be paid in the manner provided by
statute for the payment of the general expenses of the government
of the District of Columbia.
Sec. 8140. Members of the Reserve Officers' Training Corps
(a) Subject to the provisions of this section, this subchapter
applies to a member of, or applicant for membership in, the Reserve
Officers' Training Corps of the Army, Navy, or Air Force who
suffers an injury, disability, or death incurred, or an illness
contracted, in line of duty -
(1) while engaged in a flight or in flight instruction under
chapter 103 of title 10; or
(2) during the period of the member's attendance at training or
a practice cruise under chapter 103 of title 10, United States
Code, beginning when the authorized travel to the training or
practice cruise begins and ending when authorized travel from the
training or practice cruise ends.
(b) For the purpose of this section, an injury, disability,
death, or illness of a member referred to in subsection (a) may be
considered as incurred or contracted in line of duty only if the
injury, disability, or death is incurred, or the illness is
contracted, by the member during a period described in that
subsection. Subject to review by the Secretary of Labor, the
Secretary of the military department concerned (under regulations
prescribed by that Secretary), shall determine whether an injury,
disability, or death was incurred, or an illness was contracted, by
a member in line of duty.
(c) In computing the compensation payable under this section, the
monthly pay received by the injured or deceased individual, in cash
and kind, is deemed $150.
(d) The Secretary of the military department concerned shall
cooperate fully with the Department of Labor in the prompt
investigation and prosecution of a case involving the legal
liability of a third party other than the United States.
(e) An individual may not receive disability benefits under this
section while on active duty with the armed forces, but these
benefits may be reinstated when the individual is released from
that active duty.
(f) Expenses incurred by a military department in providing
hospitalization, medical and surgical care, necessary
transportation incident to that hospitalization or medical and
surgical care, or in connection with a funeral and burial on behalf
of an individual covered by subsection (a) of this section shall be
reimbursed by the Secretary of Labor from the Employees'
Compensation Fund in accordance with this subchapter. However,
reimbursement may not be made for hospitalization or medical or
surgical care provided an individual by a military department in a
facility of a military department.
(g) For purposes of this section, the term "applicant for
membership" includes a student enrolled, during a semester or other
enrollment term, in a course which is part of Reserve Officers'
Training Corps instruction at an educational institution.
Sec. 8141. Civil Air Patrol volunteers
(a) Subject to the provisions of this section, this subchapter
applies to a volunteer civilian member of the Civil Air Patrol,
except a Civil Air Patrol Cadet under 18 years of age.
(b) In administering this subchapter for a member of the Civil
Air Patrol covered by this section -
(1) the monthly pay of a member is deemed the rate of basic pay
payable for step 1 of grade GS-9 in the General Schedule under
section 5332 of this title for the purpose of computing
compensation for disability or death;
(2) the percentages applicable to payments under section 8133
of this title are -
(A) 45 percent for section 8133(a)(2) of this title, if the
member dies fully or currently insured under subchapter II of
chapter 7 of title 42, with no additional payments for a child
or children while the widow or widower remains eligible for
payments under section 8133(a)(2) of this title;
(B) 20 percent for section 8133(a)(3) of this title for one
child and 10 percent additional for each additional child, but
not to exceed a total of 75 percent, if the member died fully
or currently insured under subchapter II of chapter 7 of title
42; and
(C) 25 percent for section 8133(a)(4) of this title, if one
parent was wholly dependent on the deceased member at the time
of his death and the other was not dependent to any extent; 16
percent to each, if both were wholly dependent; and if one was
or both were partly dependent, a proportionate amount in the
discretion of the Secretary of Labor;
(3) a payment may not be made under section 8133(a)(5) of this
title;
(4) "performance of duty" means only active service, and travel
to and from that service, rendered in performance or support of
operational missions of the Civil Air Patrol under direction of
the Department of the Air Force and under written authorization
by competent authority covering a specific assignment and
prescribing a time limit for the assignment; and
(5) the Secretary of Labor or his designee shall inform the
Commissioner of Social Security when a claim is filed and
eligibility for compensation is established under section
8133(a)(2) or (3) of this title, and the Commissioner of Social
Security shall certify to the Secretary of Labor as to whether or
not the member concerned was fully or currently insured under
subchapter II of chapter 7 of title 42 at the time of his death.
(c) The Secretary of Labor or his designee may inform the
Secretary of the Air Force or his designee when a claim is filed.
The Secretary of the Air Force, on request of the Secretary of
Labor, shall advise him of the facts concerning the injury and
whether or not the member was rendering service, or engaged in
travel to or from service, in performance or support of an
operational mission of the Civil Air Patrol at the time of injury.
This subsection does not dispense with the report of the immediate
superior of the member required by section 8120 of this title, or
other reports agreed on under that section.
Sec. 8142. Peace Corps volunteers
(a) For the purpose of this section, "volunteer" means -
(1) a volunteer enrolled in the Peace Corps under section 2504
of title 22;
(2) a volunteer leader enrolled in the Peace Corps under
section 2505 of title 22; and
(3) an applicant for enrollment as a volunteer or volunteer
leader during a period of training under section 2507(a) of title
22 before enrollment.
(b) Subject to the provisions of this section, this subchapter
applies to a volunteer, except that entitlement to disability
compensation payments does not commence until the day after the
date of termination of his service as a volunteer.
(c) For the purpose of this subchapter -
(1) a volunteer is deemed receiving monthly pay at the minimum
rate for GS-7;
(2) a volunteer leader referred to by section 2505 of title 22,
or a volunteer with one or more minor children as defined in
section 2504 of title 22, is deemed receiving monthly pay at the
minimum rate for GS-11;
(3) an injury suffered by a volunteer when he is outside the
several States and the District of Columbia is deemed proximately
caused by his employment, unless the injury or disease is -
(A) caused by willful misconduct of the volunteer;
(B) caused by the volunteer's intention to bring about the
injury or death of himself or of another; or
(C) proximately caused by the intoxication of the injured
volunteer; and
(4) the period of service of an individual as a volunteer
includes -
(A) any period of training under section 2507(a) of title 22
before enrollment as a volunteer; and
(B) the period between enrollment as a volunteer and the
termination of service as a volunteer by the President or by
death or resignation.
Sec. 8143. Job Corps enrollees; volunteers in service to America
(a) Subject to the provisions of this subsection, this subchapter
applies to an enrollee in the Job Corps, except that compensation
for disability does not begin to accrue until the day after the
date on which the injured enrollee is terminated. In administering
this subchapter for an enrollee covered by this subsection -
(1) the monthly pay of an enrollee is deemed that received at
the minimum rate for GS-2;
(2) section 8113(a) of this title applies to an enrollee; and
(3) "performance of duty" does not include an act of an
enrollee while absent from his assigned post of duty, except
while participating in an activity (including an activity while
on pass or during travel to or from the post of duty) authorized
by or under the direction and supervision of the Job Corps.
(b) This subchapter applies to a volunteer in service to America
who receives either a living allowance or a stipend under part A of
subchapter VIII of chapter 34 of title 42, with respect to that
service and training, to the same extent as enrollees of the Job
Corps under subsection (a) of this section. However, for the
purpose of the computation described in subsection (a)(1) of this
section, the monthly pay of a volunteer is deemed that received at
the minimum rate for GS-5 of the General Schedule under section
5332 of title 5, United States Code.
Sec. 8143a. Members of the National Teacher Corps
Subject to the provisions of this section, this subchapter
applies to a member of the National Teacher Corps. In administering
this subchapter for a member covered by this section -
(1) "performance of duty" does not include an act of a member
while -
(A) on authorized leave; or
(B) absent from his assigned post of duty, except while
participating in an activity authorized by or under the
direction or supervision of the Commissioner of Education; and
(2) In computing compensation for disability or death, the
monthly pay of a member is deemed his actual pay or that received
at the minimum rate for GS-6, whichever is greater.
Sec. 8144. Student-employees
A student-employee as defined by section 5351 of this title who
suffers disability or death as a result of personal injury arising
out of and in the course of training, or incurred in the
performance of duties in connection with that training, is
considered for the purpose of this subchapter an employee who
incurred the injury in the performance of duty.
Sec. 8145. Administration
The Secretary of Labor shall administer, and decide all questions
arising under, this subchapter. He may -
(1) appoint employees to administer this subchapter; and
(2) delegate to any employee of the Department of Labor any of
the powers conferred on him by this subchapter.
Sec. 8146. Administration for the Panama Canal Commission and The
Alaska Railroad
(a) The President, from time to time, may transfer the
administration of this subchapter -
(1) so far as employees of the Panama Canal Commission are
concerned to the Commission; and
(2) so far as employees of The Alaska Railroad are concerned to
the general manager of The Alaska Railroad.
(b) When administration is transferred under subsection (a) of
this section, the expenses incident to physical examinations which
are payable under section 8123 of this title shall be paid from
appropriations for the Panama Canal Commission or for The Alaska
Railroad, as the case may be, instead of from the Employees'
Compensation Fund. The President may authorize the Panama Canal
Commission and the general manager of The Alaska Railroad to pay
the compensation provided by this subchapter, including medical,
surgical, and hospital services and supplies under section 8103 of
this title and the transportation and burial expenses under
sections 8103 and 8134 of this title, from appropriations for the
Panama Canal Commission and for The Alaska Railroad, and these
appropriations shall be reimbursed for the payments by transfer of
funds from the Employees' Compensation Fund.
(c) The President may authorize the Panama Canal Commission to
waive, at its discretion, the making of the claim required by
section 8121 of this title in the case of compensation to an
employee of the Panama Canal Commission for temporary disability,
either total or partial.
(d) When administration is transferred under subsection (a) of
this section to the general manager of The Alaska Railroad, the
Secretary of Labor is not divested of jurisdiction and a claimant
is entitled to appeal from the decision of the general manager of
The Alaska Railroad to the Secretary of Labor. The Secretary on
receipt of an appeal shall, or on his own motion may, review the
decision of the general manager of The Alaska Railroad, and in
accordance with the facts found on review may proceed under section
8128 of this title. The Secretary shall provide the form and manner
of taking an appeal.
(e) The same right of appeal exists with respect to claims filed
by employees of the Panama Canal Commission or their dependents in
case of death, as is provided with respect to the claims of other
employees to whom this subchapter applies, under section 8149 of
this title. The Employees' Compensation Appeals Board referred to
by section 8149 of this title has jurisdiction, under regulations
prescribed by the Secretary, over appeals relating to claims of the
employees or their dependents.
Sec. 8146a. Cost-of-living adjustment of compensation
(a) Compensation payable on account of disability or death which
occurred more than one year before March 1 of each year shall be
annually increased on that date by the amount determined by the
Secretary of Labor to represent the percent change in the price
index published for December of the preceding year over the price
index published for the December of the year prior to the preceding
year, adjusted to the nearest one-tenth of 1 percent.
(b) The regular periodic compensation payments after adjustment
under this section shall be fixed at the nearest dollar. However,
the regular periodic compensation after adjustment shall reflect an
increase of at least $1.
(c) This section shall be applicable to persons excluded by
section 15 of the Federal Employees' Compensation Act Amendments of
1966 (Public Law 89-488) under the following statutes: Act of
February 15, 1934 (48 Stat. 351); Act of June 26, 1936 (49 Stat.
2035); Act of April 8, 1935 (49 Stat. 115); Act of July 25, 1942
(56 Stat. 710); Public Law 84-955 (August 3, 1956); Public Law
77-784 (December 2, 1942); Public Law 84-879 (August 1, 1956);
Public Law 80-896 (July 3, 1948); Act of September 8, 1959 (73
Stat. 469). Benefit payments to these persons shall initially be
increased by the total percentage of the increases in the price
index from the base month of July 1966, to the next most recent
base month following the effective date of this subsection.
Sec. 8147. Employees' Compensation Fund
(a) There is in the Treasury of the United States the Employees'
Compensation Fund which consists of sums that Congress, from time
to time, may appropriate for or transfer to it, and amounts that
otherwise accrue to it under this subchapter or other statute. The
Fund is available without time limit for the payment of
compensation and other benefits and expenses, except administrative
expenses, authorized by this subchapter or any extension or
application thereof, except as otherwise provided by this
subchapter or other statute. The Secretary of Labor shall submit
annually to the Office of Management and Budget estimates of
appropriations necessary for the maintenance of the Fund. For the
purpose of this subsection, "administrative expenses" does not
include expenses for legal services performed by or for the
Secretary under sections 8131 and 8132 of this title.
(b) Before August 15 of each year, the Secretary shall furnish to
each agency and instrumentality of the United States having an
employee who is or may be entitled to compensation benefits under
this subchapter or any extension or application thereof a statement
showing the total cost of benefits and other payments made from the
Employees' Compensation Fund during the preceding July 1 through
June 30 expense period on account of the injury or death of
employees or individuals under the jurisdiction of the agency or
instrumentality. Each agency and instrumentality shall include in
its annual budget estimates for the fiscal year beginning in the
next calendar year a request for an appropriation in an amount
equal to the costs. Sums appropriated pursuant to the request shall
be deposited in the Treasury to the credit of the Fund within 30
days after they are available. An agency or instrumentality not
dependent on an annual appropriation shall make the deposit
required by this subsection from funds under its control during the
first fifteen days of October following the furnishing of the
statement. If an agency or instrumentality (or part or function
thereof) is transferred to another agency or instrumentality, the
cost of compensation benefits and other expenses paid from the Fund
on account of the injury or death of employees of the transferred
agency or instrumentality (or part or function) shall be included
in costs of the receiving agency or instrumentality.
(c) In addition to the contributions for the maintenance of the
Employees' Compensation Fund required by this section, the United
States Postal Service, or a mixed ownership corporation as defined
by section 9101(2) of title 31, or any other corporation or agency
or instrumentality (or activity thereof) which is required by
statute to submit an annual budget pursuant to or as provided by
chapter 91 of title 31, shall pay an additional amount for its fair
share of the cost of administration of this subchapter as
determined by the Secretary. With respect to these corporations,
agencies, and instrumentalities, the charges billed by the
Secretary under this section shall include an additional amount for
these costs, which shall be paid into the Treasury as miscellaneous
receipts from the sources authorized and in the manner otherwise
provided by this section.
Sec. 8148. Forfeiture of benefits by convicted felons
(a) Any individual convicted of a violation of section 1920 of
title 18, or any other Federal or State criminal statute relating
to fraud in the application for or receipt of any benefit under
this subchapter or subchapter III of this chapter, shall forfeit
(as of the date of such conviction) any entitlement to any benefit
such individual would otherwise be entitled to under this
subchapter or subchapter III for any injury occurring on or before
the date of such conviction. Such forfeiture shall be in addition
to any action the Secretary may take under section 8106 or 8129.
(b)(1) Notwithstanding any other provision of this chapter
(except as provided under paragraph (3)), no benefits under this
subchapter or subchapter III of this chapter shall be paid or
provided to any individual during any period during which such
individual is confined in a jail, prison, or other penal
institution or correctional facility, pursuant to that individual's
conviction of an offense that constituted a felony under applicable
law.
(2) Such individual shall not be entitled to receive the benefits
forfeited during the period of incarceration under paragraph (1),
after such period of incarceration ends.
(3) If an individual has one or more dependents as defined under
section 8110(a), the Secretary of Labor may, during the period of
incarceration, pay to such dependents a percentage of the benefits
that would have been payable to such individual computed according
to the percentages set forth in section 8133(a)(1) through (5).
(c) Notwithstanding the provision of section 552a of this title,
or any other provision of Federal or State law, any agency of the
United States Government or of any State (or political subdivision
thereof) shall make available to the Secretary of Labor, upon
written request, the names and Social Security account numbers of
individuals who are confined in a jail, prison, or other penal
institution or correctional facility under the jurisdiction of such
agency, pursuant to such individuals' conviction of an offense that
constituted a felony under applicable law, which the Secretary of
Labor may require to carry out the provisions of this section.
Sec. 8149. Regulations
The Secretary of Labor may prescribe rules and regulations
necessary for the administration and enforcement of this subchapter
including rules and regulations for the conduct of hearings under
section 8124 of this title. The rules and regulations shall provide
for an Employee's Compensation Appeals Board of three individuals
designated or appointed by the Secretary with authority to hear
and, subject to applicable law and the rules and regulations of the
Secretary, make final decisions on appeals taken from
determinations and awards with respect to claims of employees. In
adjudicating claims under section 8146 of this title, the Secretary
may determine the nature and extent of the proof and evidence
required to establish the right to benefits under this subchapter
without regard to the date of injury or death for which claim is
made.
Sec. 8150. Effect on other statutes
(a) This subchapter does not affect the maritime rights and
remedies of a master or member of the crew of a vessel.
(b) Section 8141 of this title and section 9441 of title 10 do
not confer military or veteran status on any individual.
Sec. 8151. Civil service retention rights
(a) In the event the individual resumes employment with the
Federal Government, the entire time during which the employee was
receiving compensation under this chapter shall be credited to the
employee for the purposes of within-grade step increases, retention
purposes, and other rights and benefits based upon length of
service.
(b) Under regulations issued by the Office of Personnel
Management -
(1) the department or agency which was the last employer shall
immediately and unconditionally accord the employee, if the
injury or disability has been overcome within one year after the
date of commencement of compensation or from the time compensable
disability recurs if the recurrence begins after the injured
employee resumes regular full-time employment with the United
States, the right to resume his former or an equivalent position,
as well as all other attendant rights which the employee would
have had, or acquired, in his former position had he not been
injured or disabled, including the rights to tenure, promotion,
and safeguards in reductions-in-force procedures, and
(2) the department or agency which was the last employer shall,
if the injury or disability is overcome within a period of more
than one year after the date of commencement of compensation,
make all reasonable efforts to place, and accord priority to
placing, the employee in his former or equivalent position within
such department or agency, or within any other department or
agency.
Sec. 8152. Annual report
The Secretary of Labor shall, at the end of each fiscal year,
prepare a report with respect to the administration of this
chapter. Such report shall be submitted to Congress in accordance
with the requirement with respect to submission under section 42 of
the Longshore (!1) Harbor Workers' Compensation Act (33 U.S.C.
942).
SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 8171. Compensation for work injuries; generally
(a) The Longshore and Harbor Workers' Compensation Act (33 U.S.C.
901 et seq.) applies with respect to disability or death resulting
from injury, as defined by section 2(2) of such Act (33 U.S.C.
902(2)), occurring to an employee of a nonappropriated fund
instrumentality described by section 2105(c) of this title, or to a
volunteer providing such an instrumentality with services accepted
under section 1588 of title 10, who is -
(1) a United States citizen or a permanent resident of the
United States or a territory or possession of the United States
employed outside the continental United States; or
(2) employed inside the continental United States.
However, that part of section 3(a) of such Act (33 U.S.C. 903(a))
which follows the second comma does not apply to such an employee.
(b) For the purpose of this subchapter, the term "employer" in
section 2(4) of the Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 902(4)) includes the nonappropriated fund
instrumentalities described by section 2105(c) of this title.
(c) The Secretary of Labor may -
(1) extend compensation districts established under section
39(b) of the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 939(b)), or establish new districts to include the areas
outside the continental United States; and
(2) assign to each district one or more deputy commissioners as
the Secretary considers advisable.
(d) Judicial proceedings under sections 18 and 21 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 918 and
921) with respect to an injury or death occurring outside the
continental United States shall be instituted in the district court
within the territorial jurisdiction of which is located the office
of the deputy commissioner having jurisdiction with respect to the
injury or death.
Sec. 8172. Employees not citizens or residents of the United States
In case of disability or death, resulting from injury, as defined
by section 2(2) of the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 902(2)), occurring to an employee of a
nonappropriated fund instrumentality described by section 2105(c)
of this title who is -
(1) not a citizen or permanent resident of the United States or
a territory or possession of the United States; and
(2) employed outside the continental United States;
compensation shall be provided in accordance with regulations
prescribed by the Secretary of the military department concerned
and approved by the Secretary of Defense or regulations prescribed
by the Secretary of Transportation, as the case may be.
Sec. 8173. Liability under this subchapter exclusive
The liability of the United States or of a nonappropriated fund
instrumentality described by section 2105(c) of this title, with
respect to the disability or death resulting from injury, as
defined by section 2(2) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 902(2)), of an employee referred to by
sections 8171 and 8172 of this title, shall be determined as
provided by this subchapter. This liability is exclusive and
instead of all other liability of the United States or the
instrumentality to the employee, his legal representative, spouse,
dependents, next of kin, and any other person otherwise entitled to
recover damages from the United States or the instrumentality
because of the disability or death in a direct judicial proceeding,
in a civil action, or in admiralty, or by an administrative or
judicial proceeding under a workmen's compensation statute or under
a Federal tort liability statute.
SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE
UNITED STATES
Sec. 8191. Determination of eligibility
The benefits of this subchapter are available as provided in this
subchapter to eligible law enforcement officers (referred to in
this subchapter as "eligible officers") and their survivors. For
the purposes of this subchapter, an eligible officer is any person
who is determined by the Secretary of Labor in his discretion to
have been on any given occasion -
(1) a law enforcement officer and to have been engaged on that
occasion in the apprehension or attempted apprehension of any
person -
(A) for the commission of a crime against the United States,
or
(B) who at that time was sought by a law enforcement
authority of the United States for the commission of a crime
against the United States, or
(C) who at that time was sought as a material witness in a
criminal proceeding instituted by the United States; or
(2) a law enforcement officer and to have been engaged on that
occasion in protecting or guarding a person held for the
commission of a crime against the United States or as a material
witness in connection with such a crime; or
(3) a law enforcement officer and to have been engaged on that
occasion in the lawful prevention of, or lawful attempt to
prevent, the commission of a crime against the United States;
and to have been on that occasion not an employee as defined in
section 8101(1), and to have sustained on that occasion a personal
injury for which the United States would be required under
subchapter I of this chapter to pay compensation if he had been on
that occasion such an employee engaged in the performance of his
duty. No person otherwise eligible to receive a benefit under this
subchapter because of the disability or death of an eligible
officer shall be barred from the receipt of such benefit because
the person apprehended or attempted to be apprehended by such
officer was then sought for the commission of a crime against a
sovereignty other than the United States.
Sec. 8192. Benefits
(a) Benefits in Event of Injury. - The Secretary of Labor shall
furnish to any eligible officer the benefits to which he would have
been entitled under subchapter I of this chapter if, on the
occasion giving rise to his eligibility, he had been an employee as
defined in section 8101(1) engaged in the performance of his duty,
reduced or adjusted as the Secretary of Labor in his discretion may
deem appropriate to reflect comparable benefits, if any, received
by the officer (or which he would have been entitled to receive but
for this subchapter) by virtue of his actual employment on that
occasion. When an enforcement officer has contributed to a
disability compensation fund, the reduction of Federal benefits
provided for in this subsection is to be limited to the amount of
the State or local government benefits which bears the same
proportion to the full amount of such benefits as the cost or
contribution paid by the State or local government bears to the
cost of disability coverage for the individual officer.
(b) Benefits in Event of Death. - The Secretary of Labor shall
pay to any survivor of an eligible officer the difference, as
determined by the Secretary in his discretion, between the benefits
to which that survivor would be entitled if the officer had been an
employee as defined in section 8101(1) engaged in the performance
of his duty on the occasion giving rise to his eligibility, and the
comparable benefits, if any, received by the survivor (or which
that survivor would have been entitled to receive but for this
subchapter) by virtue of the officer's actual employment on that
occasion. When an enforcement officer has contributed to a
survivor's benefit fund, the reduction of Federal benefits provided
for in this subsection is to be limited to the amount of the State
or local government benefits which bears the same proportion to the
full amount of such benefits as the cost or contribution paid by
the State or local government bears to the cost of survivor's
benefits coverage for the individual officer.
Sec. 8193. Administration
(a) Definitions and Rules of Construction. - For the purpose of
this subchapter -
(1) The term "Attorney General" includes any person to whom the
Attorney General has delegated any function pursuant to
subsection (b) of this section.
(2) The term "Secretary of Labor" includes any person to whom
the Secretary of Labor has delegated any function pursuant to
subsection (b) of this section.
(b) Delegation. -
(1) The Attorney General may delegate to any division, officer,
or employee of the Department of Justice any function conferred
upon the Attorney General by this subchapter.
(2) The Secretary of Labor may delegate to any bureau, officer,
or employee of the Department of Labor any function conferred
upon the Secretary of Labor by this subchapter.
(c) Applications. - An application for any benefit under this
subchapter may be made only -
(1) to the Secretary of Labor
(2) by
(A) any eligible officer or survivor of an eligible officer,
(B) any guardian, personal representative, or other person
legally authorized to act on behalf of an eligible officer, his
estate, or any of his survivors, or
(C) any association of law enforcement officers which is
acting on behalf of an eligible officer or any of his
survivors;
(3) within five years after the injury or death; and
(4) in such form as the Secretary of Labor may require.
(d) Consultation With Attorney General and Other Agencies. - The
Secretary of Labor may refer any application received by him
pursuant to this subchapter to the Attorney General for his
assistance, comments and advice as to any determination required to
be made pursuant to paragraph (1), (2), or (3) of section 8191. To
insure that all Federal assistance under this subchapter is carried
out in a coordinated manner, the Secretary of Labor is authorized
to request any Federal department or agency to supply any
statistics, data, or any other materials he deems necessary to
carry out his functions under this subchapter. Each such department
or agency is authorized to cooperate with the Secretary of Labor
and, to the extent permitted by law, to furnish such materials to
him.
(e) Cooperation With State Agencies. - The Secretary of Labor
shall cooperate fully with the appropriate State and local
officials, and shall take all other practicable measures, to assure
that the benefits of this subchapter are made available to eligible
officers and their survivors with a minimum of delay and
difficulty.
(f) Appropriations. - There are authorized to be appropriated
such sums as may be necessary to carry out this subchapter.
