US (United States) Code. Title 5. Chapter 81: Compensation for work injuries

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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-CITE-

5 USC CHAPTER 81 - COMPENSATION FOR WORK INJURIES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

.

-HEAD-

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

-MISC1-

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. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

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.

AMENDMENTS

1995 - Pub. L. 104-66, title I, Sec. 1102(b)(3)(B), Dec. 21,

1995, 109 Stat. 723, added item 8152.

1994 - Pub. L. 103-333, title I, Sec. 101(a)(2), Sept. 30, 1994,

108 Stat. 2547, added item 8148.

1979 - Pub. L. 96-70, title III, Sec. 3302(e)(12), Sept. 27,

1979, 93 Stat. 499, substituted ''Panama Canal Commission'' for

''Canal Zone'' in item 8146.

1974 - Pub. L. 93-416, Sec. 12(b), 23(a), Sept. 7, 1974, 88 Stat.

1146, 1150, substituted ''Notice of injury or death'' for ''Notice

of injury; failure to give'' in item 8119, and added item 8151.

1968 - Pub. L. 90-291, Sec. 1(b), Apr. 19, 1968, 82 Stat. 100,

added subchapter III consisting of items 8191, 8192, and 8193.

1967 - Pub. L. 90-83, Sec. 1(59), (66)(B), (67)(B), (70), Sept.

11, 1967, 81 Stat. 211, 212, 213, inserted ''; hearings'' in item

8124, added item 8143a relating to members of the National Teachers

Corps and item 8146a relating to cost-of-living adjustment of

compensation, and struck out item 8148 relating to reports.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3102, 3111, 3161, 3704,

5948 of this title; title 2 sections 2146, 2166; title 7 sections

2272, 2279c; title 8 section 1357; title 10 sections 1588, 2113,

2360, 2904, 7086; title 14 sections 93, 823a; title 15 section

4102; title 16 sections 565a-2, 831b-1, 932, 952, 971a, 1703, 3602,

3640, 5003, 5608, 5708, 5725; title 18 section 4126; title 20

sections 76l, 4416; title 22 sections 2124c, 2391, 3508, 3715a,

3715d, 3649, 3658, 3664, 7002; title 24 sections 225e, 422; title

25 sections 2012, 3115, 3733; title 28 sections 376, 995, 996;

title 33 section 569c; title 36 section 2113; title 38 sections

3115, 3485, 7453, 7458; title 42 sections 300hh-11, 405, 3788,

7142c, 9843a; title 43 sections 50d, 1475; title 49 sections 106,

40122, 49104; title 50 section 2081.

-CITE-

5 USC SUBCHAPTER I - GENERALLY 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

.

-HEAD-

SUBCHAPTER I - GENERALLY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2105, 3373, 3374,

3582, 3703, 3704, 5595, 8191, 8192, 8332, 8337, 8347, 8411, 8464a,

8705, 8706, 8707, 8708, 8714a, 8714b, 8714c, 8901 of this title;

title 2 sections 31b-5, 905; title 7 sections 1507, 2225; title 10

section 1588; title 15 section 637; title 16 sections 1a-6, 18i,

558c, 580j, 670c, 742f, 773a, 831b, 1881b, 4604; title 18 sections

292, 1920, 1922; title 22 sections 3620, 3970, 4048, 4606, 5422;

title 24 sections 421, 422; title 25 section 450i; title 28

sections 677, 1877; title 29 section 2897; title 32 section 509;

title 33 section 941; title 38 sections 106, 1316, 1317, 7802;

title 39 section 1005; title 40 section 3172; title 42 sections

251, 1654, 1701, 1702, 1706, 1856c, 2996d, 5055, 7142, 7142c,

10704, 12620, 12651g, 12655n; title 43 sections 373b, 1737; title

50 sections 2031, 2051; title 50 App. sections 1291, 1292, 2004.

-CITE-

5 USC Sec. 8101 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8101. Definitions

-STATUTE-

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) (FOOTNOTE 1) an individual selected pursuant to chapter

121 of title 28, United States Code, and serving as a petit or

grand juror;

(FOOTNOTE 1) So in original. Pub. L. 93-416 added par. (F)

immediately after par. (iv), rather than after par. (E).

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 532; Pub. L. 90-83, Sec.

1(4), (48), Sept. 11, 1967, 81 Stat. 196, 209; Pub. L. 93-416, Sec.

1, Sept. 7, 1974, 88 Stat. 1143; Pub. L. 96-499, title IV, Sec.

421(b), Dec. 5, 1980, 94 Stat. 2608; Pub. L. 97-463, Sec. 4, Jan.

12, 1983, 96 Stat. 2532; Pub. L. 102-54, Sec. 13(b)(1), June 13,

1991, 105 Stat. 274.)

-MISC1-

Historical and Revision Notes

1966 Act

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(1)-(5), (12)-(16) 5 U.S.C. 790. Sept. 7, 1916, ch.

458, Sec. 40, 39

Stat. 750. June 5,

1924, ch. 261, Sec.

2, 43 Stat. 389.

May 31, 1938, ch.

293, 52 Stat. 586.

Apr. 11, 1940, ch.

79, Sec. 1, 54

Stat. 105.

July 1, 1944, ch.

373, Sec. 605(b),

58 Stat. 712.

Aug. 13, 1946, ch.

958, Sec. 5, 60

Stat. 1049.

Oct. 14, 1949, ch.

691, Sec. 108, 63

Stat. 860.

July 30, 1956, ch.

779, Sec. 3(b), 70

Stat. 721.

Aug. 1, 1956, ch.

837, Sec. 501(e),

70 Stat. 883.

Aug. 8, 1958, Pub.

L. 85-608, Sec.

302, 72 Stat. 539.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

208, 74 Stat. 908.

Sept. 4, 1964, Pub.

L. 88-581, Sec.

4(b), 78 Stat. 919.

5 U.S.C. 794 (1st July 11, 1919, ch.

sentence). 7, Sec. 11 (1st

sentence), 41 Stat.

104.

(Uncodified). Aug. 25, 1958, Pub.

L. 85-745, Sec.

1(b) (last

sentence, as

applicable to the

Federal Employees'

Compensation Act),

72 Stat. 838.

(6)-(10) 5 U.S.C. 760(H). Sept. 7, 1916, ch.

458, Sec. 10(H), 39

Stat. 745.

Feb. 12, 1927, ch.

110, Sec. 2, 44

Stat. 1087.

(11) 5 U.S.C. 760(B) Sept. 7, 1916, ch.

(last 23 words of 458, Sec. 10(B)

1st sentence). (last 15 words of

1st sentence), 39

Stat. 744.

Oct. 14, 1949, ch.

691, Sec. 106(c)

''(B) (last 23

words of 1st

sentence)'', 63

Stat. 859.

-------------------------------

Former section 790(a) is omitted as unnecessary in view of

section 1 of title 1, United States Code.

Former section 790(c) is omitted as unnecessary as the term

''commission'' is not used in this subchapter.

Former section 790(i) is omitted as unnecessary as the title

''Secretary of Labor'' (substituted for ''Federal Security

Administrator'' by 1950 Reorg. Plan No. 19, Sec. 1, eff. May 24,

1950, 64 Stat. 1271) is fully set out the first time it is used in

each section.

In paragraph (1)(B), the words ''to the United States'' are

substituted for ''to any department, independent establishment, or

agency thereof (including instrumentalities of the United States

wholly owned by it)''.

In paragraph (1)(C), the words ''subsequent to September 7,

1916'' are omitted as obsolete.

In paragraph (1)(iv), the words ''under sections 521-535 of title

4, District of Columbia Code'' are substituted for ''under the

provisions of the District of Columbia Appropriation Act approved

September 1, 1916''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

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Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8101(17) 8101(18) 5 App.: 760(M). 5 July 4, 1966, Pub.

8101(19) App.: 793a(c)(1). 5 L. 89-488, Sec.

App.: 793a(c)(2). 7(c), 14 ''Sec.

43(c)'', 80 Stat.

254, 256.

-------------------------------

Paragraph (17) is reorganized and restated for clarity and to

conform to the style of title 5, United States Code. In clause (D),

the words ''Secretary of Labor'' are substituted for ''Secretary''

on authority of section 40(i) of the Federal Employees'

Compensation Act.

In paragraph (19), the words ''July 1966 and each later month''

are substituted for ''the month this section becomes effective and

each month thereafter''. The words ''section 8146a of this title''

are substituted for ''this section'' to reflect the codification of

section 43 in title 5.

-REFTEXT-

REFERENCES IN TEXT

Act of August 25, 1958, 72 Stat. 838, referred to in par. (1)(E),

is set out as a note under section 102 of Title 3, The President.

-MISC2-

AMENDMENTS

1991 - Par. (20). Pub. L. 102-54 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1983 - Par. (1)(F). Pub. L. 97-463 struck out ''and who is

otherwise an employee for the purposes of this subchapter as

defined by paragraph (A), (B), (C), (D), and (E) of this

subsection'' after ''petit or grand juror''.

1980 - Pars. (19) to (21). Pub. L. 96-499 struck out par. (19)

which defined ''base month'' as the month of July 1966 and each

later month which was used as a basis for calculating an increase

under section 8146a of this title, and redesignated pars. (20) and

(21) as (19) and (20), respectively.

1974 - Par. (1)(D). Pub. L. 93-416, Sec. 1(g), struck out ''and''

after the semicolon.

Par. (1)(F). Pub. L. 93-416, Sec. 1(a), added par. (1)(F).

Par. (2). Pub. L. 93-416, Sec. 1(b), expanded definition of

''physician'' to include podiatrists, dentists, clinical

psychologists, optometrists, and chiropractors and inserted

provision limiting the extent to which chiropractors are included.

Par. (3). Pub. L. 93-416, Sec. 1(c), included within ''medical,

surgical, and hospital services and supplies'' those supplied by

podiatrists, dentists, clinical psychologists, optometrists, and

chiropractors and limited the reimbursable services of

chiropractors.

Par. (5). Pub. L. 93-416, Sec. 1(d), added to definition of

''injury'' damage to or destruction of medical braces, artificial

limbs, and other prosthetic devices and excepted eyeglasses and

hearing aids unless damage or destruction is incidental to a

personal injury requiring medical services.

Par. (11). Pub. L. 93-416, Sec. 1(e), substituted ''the husband

living with or dependent for support on the decedent at the time of

her death, or living apart for reasonable cause because of her

desertion'' for ''one who, because of physical or mental

disability, was wholly dependent for support on the employee at the

time of her death'' as definition of ''widower''.

Pars. (20), (21). Pub. L. 93-416, Sec. 1(f), added pars. (20) and

(21).

1967 - Par. (1)(iii). Pub. L. 90-83, Sec. 1(4), substituted

''Environmental Science Services Administration'' for ''Coast and

Geodetic Survey''. See Historical and Revision Notes under section

2101 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 422 of Pub. L. 96-499 provided that: ''The amendments

made by section 421 (amending this section and section 8146a of

this title) shall take effect on the date of the enactment of this

Act (Dec. 5, 1980) with respect to any adjustments which are to be

made on or after that date; except that the period specified in

such section as extending from December to December shall, with

respect to the adjustment to be made on March 1, 1981, extend

instead from the last month in which the price index resulted in an

adjustment prior to enactment to December of 1980.''

EFFECTIVE DATE OF 1974 AMENDMENT

Section 28(a) of Pub. L. 93-416 provided that: ''Except as

otherwise provided by this section this Act (enacting section 8151

of this title, amending this section and sections 8103, 8104, 8107,

8110, 8111, 8113, 8116, 8117, 8118, 8119, 8121, 8122, 8132, 8135,

8142, 8143, 8146a of this title, repealing section 3315a of this

title, and enacting provisions set out as notes under this section

and section 8116 of this title) shall take effect on the date of

enactment (Sept. 7, 1974) and be applicable to any injury or death

occurring on or after such effective date (Sept. 7, 1974). The

amendments made by sections 1(b) and (c) (amending this section), 2

(amending section 8103 of this title), 3 (amending section 8104 of

this title), 7(a) and (b) (amending section 8111 of this title),

8(a) (amending section 8113 of this title), 8(b) (amending section

8143 of this title), 9 (amending section 8116 of this title), 16(a)

(amending section 8133 of this title), 16(b) (amending section 8135

of this title), 17 (amending section 8133 of this title), 19

(amending section 8135 of this title), 20 (amending section 8135 of

this title), 21 (amending section 8146a of this title), 22

(enacting section 8151 of this title), 24 (amending section 8146a

of this title), and 25 (amending section 8147 of this title), shall

be applicable to cases where the injury or death occurred prior to

the date of enactment (Sept. 7, 1974) but the provisions of these

sections shall be applicable only to a period beginning on or after

the date of enactment (Sept. 7, 1974).''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-534, Sec. 1, Nov. 7, 1990, 104 Stat. 2352, provided

that: ''This Act (amending section 8111 of this title and enacting

provisions set out as a note under section 8111 of this title) may

be cited as the 'Attendant Allowance Adjustment Act'.''

-TRANS-

TRANSFER OF FUNCTIONS

Environmental Science Services Administration in Department of

Commerce, including offices of Administrator and Deputy

Administrator thereof, abolished by Reorg. Plan No. 4 of 1970,

eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the

Appendix to this title, which created National Oceanic and

Atmospheric Administration in Department of Commerce and

transferred personnel, property, records, and unexpended balances

of funds of Environmental Science Services Administration to such

newly created National Oceanic and Atmospheric Administration.

Components of Environmental Science Services Administration thus

transferred included Weather Bureau (now National Weather Service),

Coast and Geodetic Survey (now National Ocean Survey),

Environmental Data Services, National Environmental Satellite

Center, and ESSA Research Laboratories.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service, transferred to Secretary of Health, Education, and

Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610,

effective June 25, 1966, set out in the Appendix to this title.

Secretary of Health, Education, and Welfare redesignated Secretary

of Health and Human Services by section 3508 of Title 20,

Education.

-MISC5-

PROCESSING OF CLAIMS FILED BY DISTRICT OF COLUMBIA EMPLOYEES

Pub. L. 93-198, title II, Sec. 204(e), Dec. 24, 1973, 87 Stat.

783, provided that: ''All functions of the Secretary under chapter

81 of title 5 of the United States Code, with respect to the

processing of claims filed by employees of the government of the

District for compensation for work injuries, are transferred to and

shall be exercised by the Commissioner, effective the day after the

day on which the District establishes an independent personnel

system or systems.'' An independent personnel system was

established for the District by D.C. Law 2-139, Mar. 3, 1979, 25

DCR 5740.

STUDY AND REPORT TO CONGRESS BY SECRETARY OF LABOR OF PROVISIONS

AND PROGRAMS UNDER SUBCHAPTER

Section 27 of Pub. L. 93-416 directed Secretary of Labor to

conduct a study of the provisions of this subchapter and its

programs which was to include: hearings, research, and other

activities necessary to formulate recommendations; an examination

of need for authority to increase allowances for services of

attendants above the maximum fixed by section 8111 of this title in

exceptional circumstances; an examination of the effectiveness of

this subchapter; and recommendations as to survivor benefits;

report results of the study together with his findings and

recommendations not later than 12 months after Sept. 7, 1974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3373, 3374, 3704, 7902,

8110, 8118, 8133, 8191, 8192 of this title; title 16 sections 1a-6,

18i, 558c, 670c, 742f, 773a, 4604; title 20 section 76l; title 22

section 3973; title 29 section 2897; title 30 section 902; title 42

sections 3796b, 5055, 7142c, 7384l, 12620, 12651g, 12655n; title 43

section 373b.

-CITE-

5 USC Sec. 8102 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8102. Compensation for disability or death of employee

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 534; Pub. L. 96-70, title

I, Sec. 1231(d), Sept. 27, 1979, 93 Stat. 470.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 751. Sept. 7, 1916, ch.

458, Sec. 1, 39

Stat. 742. Aug. 8,

1958, Pub. L. 85-

608, Sec. 301, 72

Stat. 538.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 3(a) of the Panama Canal Act of 1979, referred to in

subsec. (b), is classified to section 3602(a) of Title 22, Foreign

Relations and Intercourse.

-MISC2-

AMENDMENTS

1979 - Subsec. (b). Pub. L. 96-70 substituted ''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)'' for ''Canal Zone''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3691.

-CITE-

5 USC Sec. 8103 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8103. Medical services and initial medical and other benefits

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 90-83, Sec.

1(49), Sept. 11, 1967, 81 Stat. 209; Pub. L. 93-416, Sec. 2, Sept.

7, 1974, 88 Stat. 1144.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 759(a). Sept. 7, 1916, ch.

458, Sec. 9, 39

Stat. 743.

June 26, 1926, ch.

695, Sec. 1, 44

Stat. 772.

Oct. 14, 1949, ch.

691, Sec. 202(b),

63 Stat. 862.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

203, 74 Stat. 907.

-------------------------------

In subsection (b), the words ''when the immediate superior of the

employee certifies'' are substituted for ''upon certification by

the person required by section 774 of this title to make reports of

injury''.

The last sentence of former section 759(a) is omitted as

executed.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8103(a)(2) 5 App.: 759(a). July 4, 1966, Pub.

L. 89-488, Sec.

5(b), 80 Stat. 253.

-------------------------------

The words ''another retirement system for employees of the

Government'' are substituted for ''any other Federal Act or program

providing retirement benefits for employees''.

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-416 substituted ''at the

employee's option'' for ''when this is not practicable'', struck

out ''private'' before ''physicians and hospitals'' in par. (3),

and, in provision following par. (3), added authorization for the

employee to initially select a physician in accordance with such

regulations and instructions considered necessary by the Secretary.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 applicable to cases where injury or

death occurred prior to Sept. 7, 1974, but only to a period

beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L.

93-416, set out as a note under section 8101 of this title.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Section 7 of Pub. L. 90-83 provided that: ''Nothing in this or

any other Act makes the increases authorized by section 1(49) -

(52) (amending this section and sections 8107, 8108, and 8109 of

this title), 53(B) and (C) (amending section 8110 of this title),

(54) - (58) (amending section 8111, 8112, 8116, 8122, and 8124 of

this title), (60) (amending section 8131 of this title), (61)

(amending section 8132 of this title), (62) (B) (amending section

8133(e) of this title), (63) (amending section 8135 of this title),

(67) (adding section 8146a of this title), (68) (amending section

8147 of this title), and (71) (amending section 8149 of this title)

of this Act applicable to -

''(1) an employee or individual not within the definition of

'employee' in section 8101(1)(A), (B), or (D) of title 5, United

States Code;

''(2) 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; or

''(3) a member of a uniformed service.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8104, 8117, 8146 of this

title.

-CITE-

5 USC Sec. 8104 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8104. Vocational rehabilitation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 93-416, Sec.

3, Sept. 7, 1974, 88 Stat. 1144.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 759(b). Oct. 14, 1949, ch.

691, Sec. 202(a),

63 Stat. 862.

-------------------------------

In the third sentence, the words ''the Secretary of Health,

Education, and Welfare'' are substituted for ''him'', referring to

the Administrator, on authority of section 1 (proviso) of 1950

Reorg. Plan No. 19, 64 Stat. 1271, and section 5 of 1953 Reorg.

Plan No. 1, 67 Stat. 632.

The words ''State agencies or corresponding agencies'' are

substituted for ''State agencies (or corresponding agencies in

Territories or possessions)'' as the agencies available for

cooperation are set out in the Vocational Rehabilitation Act

(chapter 4 of title 29).

The words ''section 32(b)(1) of title 29'' are substituted for

''section 33(a) (4) of title 29'' on authority of the Act of Aug.

3, 1954, ch. 655, Sec. 2, 68 Stat. 652. Reference is limited to

section 32(b)(1) since section 32(b) (2), (3) is obsolete.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Chapter 4 of title 29, referred to in subsec. (a), refers to the

Vocational Rehabilitation Act, act June 2, 1920, ch. 219, 41 Stat.

735, as amended. Section 32(b)(1) of title 29, also referred to in

subsec. (a) (enacted Sept. 6, 1966), did not reflect amendment of

section 32(b) by Pub. L. 89-333 Sec. 2(a), Nov. 8, 1965, 79 Stat.

1282, which eliminated obsolete pars. (2) and (3) and redesignated

par. (1) provisions as subsec. (b) and amended such subsection.

Section 32(b) of title 29, refers to section 2(b) of act June 2,

1920, as amended. Such provisions were repealed by former section

500(a) of Pub. L. 93-112, title V, Sept. 26, 1973, 87 Stat. 390,

and pursuant to former section 500(a) of Pub. L. 93-112, which also

provided that references to the Vocational Rehabilitation Act in

other provisions of law were to be deemed a reference to the

Rehabilitation Act of 1973, and were covered by sections 701 et

seq. and 731(a), respectively, of Title 29, Labor.

-MISC2-

AMENDMENTS

1974 - Pub. L. 93-416 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 applicable to cases where injury or

death occurred prior to Sept. 7, 1974, but only to a period

beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L.

93-416, set out as a note under section 8101 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions and offices (relating to Rehabilitation

Act of 1973) of Secretary and Department of Health, Education, and

Welfare to Secretary and Department of Education, see section 3441

of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8111, 8113, 8117 of this

title.

-CITE-

5 USC Sec. 8105 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8105. Total disability

-STATUTE-

(a) If the disability is total, the United States shall pay the

employee during the disability monthly monetary compensation equal

to 66 2/3 percent of his monthly pay, which is known as his basic

compensation for total disability.

(b) The loss of use of both hands, both arms, both feet, or both

legs, or the loss of sight of both eyes, is prima facie permanent

total disability.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 535.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 753. Sept. 7, 1916, ch.

458, Sec. 3, 39

Stat. 743.

Oct. 14, 1949, ch.

691, Sec. 102, 63

Stat. 855.

-------------------------------

In subsection (a), the words ''Except as otherwise provided in

sections 751-756, 757-781, 783-791, and 793 of this title'' are

omitted as surplusage.

In subsection (b), the words ''Loss, or'' are omitted as included

in ''loss of use of''. The words ''or the loss of sight of both

eyes'' are substituted for ''or both eyes or the sight thereof''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8104, 8107, 8110 of this

title.

-CITE-

5 USC Sec. 8106 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8106. Partial disability

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 536.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 754. Sept. 7, 1916, ch.

458, Sec. 4, 39

Stat. 743.

Oct. 14, 1949, ch.

691, Sec. 103(a),

63 Stat. 855.

-------------------------------

In subsection (a), the words ''Except as otherwise provided in

sections 751-756, 757-781, 783-791, and 793 of this title'' are

omitted as surplusage.

In subsection (b), the word ''remuneration'' is omitted as

covered by the word ''earnings''.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8104, 8107, 8110, 8148 of

this title.

-CITE-

5 USC Sec. 8107 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8107. Compensation schedule

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 536; Pub. L. 90-83, Sec.

1(50), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, Sec. 4, 5,

Sept. 7, 1974, 88 Stat. 1144, 1145.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 755(a), Sept. 7, 1916, ch.

(b). 458, Sec. 5, 39

Stat. 743.

Oct. 14, 1949, ch.

691, Sec. 104

''Sec. 5(a), (b)'',

63 Stat. 855.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

201, 74 Stat. 907.

-------------------------------

The words ''loss, or'' are omitted throughout this section as

included in ''loss of use of''.

In subsection (a)(B), the words ''under sections 751-754 of this

title'' are omitted as surplusage.

In subsection (b)(1), the words ''(including paragraphs (16) and

(20) thereof)'' are omitted as surplusage.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8107(a), (b). 5 App.: 755(a), (b). July 4, 1966, Pub.

L. 89-488, Sec.

2(a), (b), 80 Stat.

252.

-------------------------------

In subsection (a), the words ''If there is'' are substituted for

''In any case of''. The words ''loss, or'' are omitted as included

in ''loss of use of'' and to conform to the remainder of the

section. The words ''the employee is entitled to basic

compensation for the disability'' are substituted for ''basic

compensation for such disability shall be payable to the disabled

employee''. The words ''by the schedule in subsection (c) of this

section'' are substituted for ''in the following schedule'' to

reflect the codification of the schedule in subsection (c). The

words ''The schedule referred to in the first sentence is as

follows:'' are omitted as unnecessary in view of the codification

of that schedule in subsection (c).

In subsection (b), the words ''an employee is entitled to

compensation'' are substituted for ''compensation shall be paid''

for consistency with subsection (a). In subsections (b) (1) and

(2), the words ''section 8105 of this title'' and ''section 8106 of

this title'' are substituted for ''section 3'' and ''subsection (a)

of section 4'', respectively, to reflect the codification of title

5.

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-416, Sec. 4, substituted

''involving the loss, or loss of use'' for ''involving the loss of

use''.

Subsec. (c)(22). Pub. L. 93-416, Sec. 5, added par. (22).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and

applicable to any injury or death occurring on or after such

effective date, see section 28(a) of Pub. L. 93-416, set out as a

note under section 8101 of this title.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by Pub. L. 90-83 not

applicable to specified personnel, see section 7 of Pub. L. 90-83,

set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8108, 8109, 8110, 8115,

8116, 8337, 8464a of this title; title 18 section 1921; title 22

section 4048; title 50 section 2051.

-CITE-

5 USC Sec. 8108 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8108. Reduction of compensation for subsequent injury to same

member

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90-83, Sec.

1(51), Sept. 11, 1967, 81 Stat. 210.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 755(c). Oct. 14, 1949, ch.

691, Sec. 104

''Sec. 5(c)'', 63

Stat. 857.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8108 5 App.: 755(c). July 4, 1966, Pub.

L. 89-488, Sec.

2(c), 80 Stat. 252.

-------------------------------

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by Pub. L. 90-83 not

applicable to specified personnel, see section 7 of Pub. L. 90-83,

set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8115 of this title; title

18 section 1921.

-CITE-

5 USC Sec. 8109 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8109. Beneficiaries of awards unpaid at death; order of

precedence

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90-83, Sec.

1(52), Sept. 11, 1967, 81 Stat. 210.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 755(d). Oct. 14, 1949, ch.

691, Sec. 104

''Sec. 5(d)'', 63

Stat. 857.

-------------------------------

The references in former section 755(d) to definitions in former

section 760(B), (H) are omitted as unnecessary as the definitions

are included in section 8101 for the entire subchapter.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8109(a)(1) 5 App.: 755(d)(1). July 4, 1966, Pub.

L. 89-488, Sec.

2(d), 80 Stat. 252.

-------------------------------

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by Pub. L. 90-83 not

applicable to specified personnel, see section 7 of Pub. L. 90-83,

set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8115 of this title; title

18 section 1921.

-CITE-

5 USC Sec. 8110 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8110. Augmented compensation for dependents

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90-83, Sec.

1(53), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, Sec. 6, Sept.

7, 1974, 88 Stat. 1145.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 756(a). Sept. 7, 1916, ch.

458, Sec. 6, 39

Stat. 743.

Feb. 12, 1927, ch.

110, Sec. 1, 44

Stat. 1086.

May 13, 1936, ch.

382, 49 Stat. 1270.

Oct. 14, 1949, ch.

691, Sec. 105

''Sec. 6(a)'', 63

Stat. 858.

-------------------------------

The references in former section 756(a)(2) to definitions in

former section 760(H) are omitted as unnecessary as the definitions

are included in section 8101 for the entire subchapter.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8110(a) 5 App.: 756(a)(2) July 4, 1966, Pub.

(C). L. 89-488, Sec.

7(b), 80 Stat. 254.

8110(b) 5 App.: 756(a)(1). July 4, 1966, Pub.

L. 89-488 Sec.

2(e), 3(a), 80

Stat. 252.

-------------------------------

In subsection (a), the words ''Notwithstanding paragraph (3) of

this subsection'' are substituted for ''Notwithstanding any other

provision of this section'' for clarity. The word ''he'' is

substituted for ''he or she'' in two places on authority of 1

U.S.C. 1. The words ''section 8101 of this title'' are substituted

for ''section 10(M) of this Act'' to reflect the codification of

that section in title 5.

AMENDMENTS

1974 - Subsec. (a)(2). Pub. L. 93-416 substituted provisions of

subpars. (A), (B) and (C) for ''wholly dependent on the employee

for support because of his own physical or mental disability''.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and

applicable to any injury or death occurring on or after such

effective date, see section 28(a) of Pub. L. 93-416, set out as a

note under section 8101 of this title.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(53)(B), (C) of

Pub. L. 90-83 not applicable to specified personnel, see section 7

of Pub. L. 90-83, set out as a note under section 8103 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8104, 8109, 8112, 8148 of

this title; title 18 section 1921.

-CITE-

5 USC Sec. 8111 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8111. Additional compensation for services of attendants or

vocational rehabilitation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90-83, Sec.

1(54), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, Sec. 7, Sept.

7, 1974, 88 Stat. 1145; Pub. L. 101-534, Sec. 2, Nov. 7, 1990, 104

Stat. 2352.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 756(b). Oct. 14, 1949, ch.

691, Sec. 105

''Sec. 6(b)'', 63

Stat. 858.

Sept. 13, 1960, Pub.

L. 86-767, Sec. 101

(less last 13

words), 74 Stat.

906.

-------------------------------

In subsection (a), the words ''In addition to the monthly

compensation otherwise specified in sections 751-756, 757-871,

783-791, and 793 of this title'' are omitted as surplusage.

In subsection (b), the words ''pursuant to the Secretary's

direction'' are omitted as unnecessary.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8111(a) 5 App.: 756(b)(1). July 4, 1966, Pub.

L. 89-488, Sec.

4(a), 80 Stat. 253.

-------------------------------

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-534 substituted ''$1,500'' for

''$500''.

1974 - Subsec. (a). Pub. L. 93-416, Sec. 7(a), substituted

''$500'' for ''$300''.

Subsec. (b). Pub. L. 93-416, Sec. 7(b), substituted ''$200'' for

''$100''.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 3 of Pub. L. 101-534 provided that: ''The amendment made

by section 2 (amending this section) shall take effect October 1,

1990.''

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 applicable to cases where injury or

death occurred prior to Sept. 7, 1974, but only to a period

beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L.

93-416, set out as a note under section 8101 of this title.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(54) of Pub. L.

90-83 not applicable to specified personnel, see section 7 of Pub.

L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8112 of this title; title

18 section 1921.

-CITE-

5 USC Sec. 8112 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8112. Maximum and minimum monthly payments

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90-83, Sec.

1(55), Sept. 11, 1967, 81 Stat. 210; Pub. L. 100-566, Sec. 5, Oct.

31, 1988, 102 Stat. 2845.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 756(c). Oct. 14, 1949, ch.

691, Sec. 105

''Sec. 6(c)'', 63

Stat. 859.

Sept. 13, 1960, Pub.

L. 86-767, Sec. 101

(last 13 words), 74

Stat. 906.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8112 5 App.: 756(c). July 4, 1966, Pub.

L. 89-488, Sec.

3(b), 80 Stat. 252.

-------------------------------

The words ''maximum rate of basic pay for GS-15'' and ''minimum

rate of basic pay for GS-2'' are substituted for ''highest rate of

basic compensation provided for grade 15 of the General Schedule of

the Classification Act of 1949'' and ''lowest rate of basic

compensation provided for grade 2 by such General Schedule'',

respectively, for consistency of style within title 5 and to

reflect the codification of the Classification Act of 1949 in title

5.

AMENDMENTS

1988 - Pub. L. 100-566 designated existing provisions as subsec.

(a) and added subsec. (b).

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(55) of Pub. L.

90-83 not applicable to specified personnel, see section 7 of Pub.

L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8138 of this title; title

18 section 1921.

-CITE-

5 USC Sec. 8113 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8113. Increase or decrease of basic compensation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90-83, Sec.

1(100), Sept. 11, 1967, 81 Stat. 220; Pub. L. 93-416, Sec. 8(a),

Sept. 7, 1974, 88 Stat. 1145.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 756(d). Oct. 14, 1949, ch.

691, Sec. 105

''Sec. 6(d)'', 63

Stat. 859.

-------------------------------

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section amends section 8113(b) of title 5, United States

Code, to conform to the source statute (sec. 6(d)(1) of the Federal

Employees' Compensation Act, as amended (63 Stat. 859)).

AMENDMENTS

1974 - Subsecs. (b), (c). Pub. L. 93-416 struck out subsec. (b)

which authorized the Secretary to prospectively recompute

compensation because of decreased wage earning power after age 70,

aside from injury, and redesignated subsec. (c) as (b).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 applicable to case where injury or

death occurred prior to Sept. 7, 1974, but only to a period

beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L.

93-416, set out as a note under section 8101 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all

purposes, see section 9(h) of Pub. L. 90-83, set out as a note

under section 5102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8101, 8143 of this title;

title 18 section 1921; title 42 section 5055.

-CITE-

5 USC Sec. 8114 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8114. Computation of pay

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 89-737, Sec.

1(1), Nov. 2, 1966, 80 Stat. 1164.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 762. Sept. 7, 1916, ch.

458, Sec. 12, 39

Stat. 746.

Oct. 14, 1949, ch.

691, Sec. 203, 63

Stat. 862.

-------------------------------

In subsection (d)(4), the words ''the minimum rate of basic pay

for GS-15'' are substituted for ''the basic rate of annual

compensation specified under the Classification Act of 1949, as

amended, for positions in grade GS-15 at the bottom of such

grade''. In former section 762, the words ''Classification Act of

1949'' were substituted for ''Classification Act of 1923'' on

authority of Sec. 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63

Stat. 972.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1966 - Subsec. (e). Pub. L. 89-737 inserted reference to premium

pay under section 5545(c)(1) of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 4 of Pub. L. 89-737, which provided that the amendments

made by this Act (amending this section and sections 8331 and 8704

of this title) apply with respect to premium pay payable from and

after the first day of the first pay period which begins after the

date of enactment of this Act (Nov. 2, 1966), was repealed by Pub.

L. 90-83, Sec. 10(b), Sept. 11, 1967, 81 Stat. 223.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5545a, 5545b, 8115, 8133

of this title; title 28 section 1877.

-CITE-

5 USC Sec. 8115 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8115. Determination of wage-earning capacity

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 542.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 763. Sept. 7, 1916, ch.

458, Sec. 13, 39

Stat. 746.

Oct. 14, 1949, ch.

691, Sec. 204, 63

Stat. 864.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

204, 74 Stat. 908.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8116 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8116. Limitations on right to receive compensation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 542; Pub. L. 90-83, Sec.

1(56), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, Sec. 9(a),

Sept. 7, 1974, 88 Stat. 1145; Pub. L. 99-335, title II, Sec.

207(e), June 6, 1986, 100 Stat. 595; Pub. L. 102-54, Sec. 13(b)(1),

June 13, 1991, 105 Stat. 274; Pub. L. 106-398, Sec. 1 ((div. A),

title X, Sec. 1087(f)(3)), Oct. 30, 2000, 114 Stat. 1654,

1654A-293.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 757. Sept. 7, 1916, ch.

458, Sec. 7, 39

Stat. 743.

July 1, 1944, ch.

373, Sec. 605(a),

58 Stat. 712.

Aug. 13, 1946, ch.

958, Sec. 5, 60

Stat. 1049.

Oct. 14, 1949, ch.

691, Sec. 201, 63

Stat. 861.

July 30, 1956, ch.

779, Sec. 3(b), 70

Stat. 721.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

202, 74 Stat. 907.

Sept. 4, 1964, Pub.

L. 88-581, Sec.

4(b), 78 Stat. 919.

-------------------------------

In subsection (a)(2), ''Air Force'' is added on authority of the

Act of July 26, 1947, ch. 343, Sec. 207(a), (f), 61 Stat. 502, and

sections 8010 - 8013 of title 10, United States Code. This does not

affect the operation of this subsection insofar as it concerns

members of the Coast Guard whose pension is based in whole or in

part on service with the Coast Guard when it operated as a part of

the Navy.

In subsection (b), the reference to the definition of

''employee'' in former section 790 is omitted as unnecessary as the

definition is included in section 8101 for the entire subchapter.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8116(a) 5 App.: 757(a). July 4, 1966, Pub.

L. 89-488, Sec.

5(a), 80 Stat. 253.

-------------------------------

The words ''another retirement system for employees of the

Government'' are substituted for ''any other Federal Act or program

providing retirement benefits for employees''.

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Social Security Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare. Sections 223 and 224 are classified to sections 423 and

424a, respectively, of Title 42. For complete classification of

this Act to the Code, see section 1305 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(4). Pub. L. 106-398 struck out '', subject to

the reduction of such pay in accordance with section 5532(b) of

title 5, United States Code'' after ''uniformed services''.

1991 - Subsec. (a)(3). Pub. L. 102-54 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1986 - Subsec. (d). Pub. L. 99-335 added subsec. (d).

1974 - Subsec. (a). Pub. L. 93-416 struck out ''and'' in cl. (1),

substituted a semicolon for a period in cl. (2), and added cls. (3)

and (4).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 9(b) of Pub. L. 93-416 provided that: ''The amendment

made by this section (amending this section) shall be effective

with respect to disability or death occurring before or after the

date of enactment of this Act (Sept. 7, 1974) and without regard to

any election under section 8116(b) of the Act (subsec. (b) of this

section); but no payment shall be made by reason of such amendment

for any period prior to the date of enactment of this Act.''

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(56) of Pub. L.

90-83 not applicable to specified personnel, see section 7 of Pub.

L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3715d.

-CITE-

5 USC Sec. 8117 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8117. Time of accrual of right

-STATUTE-

An employee is not entitled to compensation for the first 3 days

of temporary disability, except -

(1) when the disability exceeds 14 days;

(2) when the disability is followed by permanent disability; or

(3) as provided by sections 8103 and 8104 of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, Sec.

10, Sept. 7, 1974, 88 Stat. 1145.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 752. Sept. 7, 1916, ch.

458, Sec. 2, 39

Stat. 743.

Oct. 14, 1949, ch.

691, Sec. 101(a),

63 Stat. 854.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1974 - Pub. L. 93-416 substituted ''14 days'' for ''21 days''.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and

applicable to any injury or death occurring on or after Sept. 7,

1974, see section 28(a) of Pub. L. 93-416, set out as a note under

section 8101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8118 of this title.

-CITE-

5 USC Sec. 8118 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8118. Continuation of pay; election to use annual or sick

leave

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, Sec.

11, Sept. 7, 1974, 88 Stat. 1145.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 758. Sept. 7, 1916, ch.

458, Sec. 8, 39

Stat. 743.

Oct. 14, 1949, ch.

691, Sec. 101(b),

63 Stat. 854.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1974 - Pub. L. 93-416 inserted in section catchline the reference

to continuation of pay, added subsecs. (a), (b), (d) and (e),

designated existing provisions as subsec. (c), and in subsec. (c)

as so designated, substituted ''until termination of pay as set

forth in subsections (a) and (b) or the use of annual or sick leave

ends'' for ''until the use of the annual or sick leave ends''.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 28(b) of Pub. L. 93-416 provided that: ''Section 11 of

this Act (amending this section) shall become effective 60 days

from enactment (Sept. 7, 1974) and be applicable to any injury

occurring on or after such effective date.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3715a.

-CITE-

5 USC Sec. 8119 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8119. Notice of injury or death

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, Sec.

12(a), Sept. 7, 1974, 88 Stat. 1146.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 765. Sept. 7, 1916, ch.

458, Sec. 15, 39

Stat. 746.

5 U.S.C. 766. Sept. 7, 1916, ch.

458, Sec. 16, 39

Stat. 746.

(b) 5 U.S.C. 767. Sept. 7, 1916, ch.

458, Sec. 17, 39

Stat. 746.

-------------------------------

Subsection (b)(2) is added on authority of former section 770,

which is carried into section 8122, to complete the coverage of

this section.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1974 - Pub. L. 93-416 substituted ''or death'' for ''; failure to

give'' in section catchline, struck out designation of subsec. (a),

redesignated cls. (1) to (7) as (a) to (g), and, as so

redesignated, inserted provisions relating to notice of death and

substituted ''30 days'' for ''48 hours'' in cl. (a), and struck out

subsec. (b) relating to allowance of compensation.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and

applicable to any injury or death occurring on or after Sept. 7,

1974, see section 28(a) of Pub. L. 93-416, set out as a note under

section 8101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8122 of this title.

-CITE-

5 USC Sec. 8120 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8120. Report of injury

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 774(a). Sept. 7, 1916, ch.

458, Sec. 24, 39

Stat. 747.

5 U.S.C. 779. Sept. 7, 1916, ch.

458, Sec. 28a, 39

Stat. 748.

Oct. 14, 1949, ch.

691, Sec. 205(b),

63 Stat. 864.

-------------------------------

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8141 of this title; title

18 section 1922.

-CITE-

5 USC Sec. 8121 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8121. Claim

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, Sec.

13, Sept. 7, 1974, 88 Stat. 1147.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 768. Sept. 7, 1916, ch.

458, Sec. 18, 39

Stat. 746.

5 U.S.C. 769. Sept. 7, 1916, ch.

458, Sec. 19, 39

Stat. 746.

-------------------------------

The words ''except as provided in section 788'' in former section

768 are omitted as unnecessary as former section 788 dealt with

recovery of overpayments after claims were made.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1974 - Par. (3). Pub. L. 93-416 substituted ''approved'' for

''furnished''.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and

applicable to any injury or death occurring on or after Sept. 7,

1974, see section 23(a) of Pub. L. 93-416, set out as a note under

section 8101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8146 of this title.

-CITE-

5 USC Sec. 8122 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8122. Time for making claim

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 544; Pub. L. 90-83, Sec.

1(57), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, Sec. 14, Sept.

7, 1974, 88 Stat. 1147.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 770. Sept. 7, 1916, ch.

458, Sec. 20, 39

Stat. 747.

June 13, 1922, ch.

219, 42 Stat. 650.

July 28, 1945, ch.

328, Sec. 1, 59

Stat. 503.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

205, 74 Stat. 908.

-------------------------------

The last sentence of the Act of June 13, 1922, 42 Stat. 650, is

omitted as obsolete.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8122(b), (d) 5 App.: 770. July 4, 1966, Pub.

L. 89-488, Sec. 9,

80 Stat. 254.

-------------------------------

AMENDMENTS

1974 - Subsec. (a). Pub. L. 93-416, Sec. 14(1), substituted

provisions requiring filing of claims for compensation within three

years after death or disability, and setting forth conditions for

waiver of filing within required time periods, for provisions

requiring claim for death to be made within one year after death

and for disability to be made within 60 days after injury and

authorizing extension of time for good cause.

Subsec. (c). Pub. L. 93-416, Sec. 14(2), substituted provisions

relating to timeliness of claim for death when claim for injury was

timely filed and death was based on same injury, for provisions

relating to waiver of compliance with requirements for giving

notice of injury and filing claim for compensation.

Subsec. (d). Pub. L. 93-416, Sec. 14(3), substituted ''(a) and

(b)'' for ''(a)-(c)'', and added cl. (3).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and

applicable to any injury or death occurring on or after Sept. 7,

1974, see section 23(a) of Pub. L. 93-416, set out as a note under

section 8101 of this title.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(57) of Pub. L.

90-83 not applicable to specified personnel, see section 7 of Pub.

L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8118, 8121 of this title.

-CITE-

5 USC Sec. 8123 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8123. Physical examinations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 544.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 771. Sept. 7, 1916, ch.

458, Sec. 21, 39

Stat. 747.

June 26, 1926, ch.

695, Sec. 2, 44

Stat. 772.

5 U.S.C. 772. Sept. 7, 1916, ch.

458, Sec. 22, 39

Stat. 747.

5 U.S.C. 773(a). Sept. 7, 1916, ch.

458, Sec. 23, 39

Stat. 747.

June 26, 1926, ch.

695, Sec. 3, 44

Stat. 772.

Oct. 14, 1949, ch.

691, Sec. 208

''Sec. 23(a)'', 63

Stat. 865.

-------------------------------

In subsections (a) and (c), the words ''duly qualified'' in

former sections 771 and 772 are omitted as unnecessary in view of

the definition of ''physician'' in section 8101.

In subsection (c) the words ''fees for examinations'' in former

section 773(a) are substituted for ''fees or examinations'' since

the word ''or'' was erroneously in the 1949 amendment. The words

''any sum payable to the employee under section 771 of this title''

in former section 773(a) are omitted as unnecessary because the

same provision appeared in former section 771, which is carried

into subsection (b).

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8146 of this title.

-CITE-

5 USC Sec. 8124 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8124. Findings and award; hearings

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545; Pub. L. 90-83, Sec.

1(58), Sept. 11, 1967, 81 Stat. 210.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 786. Sept. 7, 1916, ch.

458, Sec. 36, 39

Stat. 749.

-------------------------------

The last sentence of former section 786 is omitted as surplusage

because it is covered by section 8147.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8124(b) 5 App.: 786(b). July 4, 1966, Pub.

L. 89-488, Sec.

11(b), 80 Stat.

255.

-------------------------------

In subsection (b)(1), the words ''section 8128(a) of this title''

are substituted for ''section 37'' to reflect the codification of

section 37 in title 5, United States Code. The words ''a claimant *

* * is entitled * * * to a hearing'' are substituted for ''any

claimant * * * shall * * * be afforded an opportunity for a

hearing''. The words ''under subsection (a) of this section'' are

substituted for ''under this section'' for clarity. In the second

sentence, the words ''is entitled to present evidence'' are

substituted for ''shall be afforded an opportunity to present

evidence''.

In subsection (b)(2), the words ''section 554 of this title * * *

this subchapter'' are substituted for ''section 5 of the

Administrative Procedure Act * * * this Act'' to reflect the

codification of the cited section and act in title 5. In the second

sentence, the words ''shall, in addition, receive'' are omitted as

unnecessary.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(58) of Pub. L.

90-83 not applicable to specified personnel, see section 7 of Pub.

L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8149 of this title.

-CITE-

5 USC Sec. 8125 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8125. Misbehavior at proceedings

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 773(c). Oct. 14, 1949, ch.

691, Sec. 208

''Sec. 23(c)'', 63

Stat. 865.

-------------------------------

The words ''the district court of the United States for the

District of Columbia'' are omitted as included in ''district

court''. The words ''under this subchapter'' are added for clarity

since this section which was formerly a subsection referred to the

subsection preceding it which identified the proceedings.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8126 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8126. Subpenas; oaths; examination of witnesses

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 780. Sept. 7, 1916, ch.

458, Sec. 29, 39

Stat. 748. Oct. 14,

1949, ch. 691, Sec.

205(c)(2), 63 Stat.

864.

-------------------------------

The words ''under this subchapter'' are added to preserve the

original grant of power in the Act of Sept. 7, 1916.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8127 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8127. Representation; attorneys' fees

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 773(b) Oct. 14, 1949, ch.

(less last 691, Sec. 208

sentence). ''Sec. 23(b) (less

last sentence)'',

63 Stat. 865.

-------------------------------

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8128 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8128. Review of award

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 787. Sept. 7, 1916, ch.

458, Sec. 37, 39

Stat. 749.

June 5, 1924, ch.

261, Sec. 1, 43

Stat. 389.

(b) 5 U.S.C. 793 July 28, 1945, ch.

(penultimate 328, Sec. 4

sentence of 5th (penultimate

par.). sentence), 59 Stat.

504.

-------------------------------

In subsection (a), the words ''If the original claim for

compensation has been made within the time specified in section 770

of this title'' are omitted as surplusage. The words ''an award

for or against payment of compensation'' are coextensive with and,

for clarity and consistency with section 8124, substituted for

''the award''. The second sentence of former section 787 is

omitted as included in the penultimate sentence of former section

793, which is carried into subsection (b). The last sentence of

former section 787 is omitted as executed.

In subsection (b), the word ''official'' is substituted for

''officer'' because of the definition of ''officer'' in section

2104 which excludes a member of a uniformed service.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

of the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8113, 8124, 8146 of this

title.

-CITE-

5 USC Sec. 8129 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8129. Recovery of overpayments

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 788. Sept. 7, 1916, ch.

458, Sec. 38, 39

Stat. 749. Oct. 14,

1949, ch. 691, Sec.

206, 63 Stat. 864.

-------------------------------

In subsection (a), the words ''Subject to the provisions of

sections 786 and 787 of this title'' and ''if any'' are omitted as

surplusage.

In subsection (c), the word ''official'' is substituted for

''officer'' as the definition of ''officer'' in section 2104

excludes a member of a uniformed service.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8106, 8148 of this title.

-CITE-

5 USC Sec. 8130 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8130. Assignment of claim

-STATUTE-

An assignment of a claim for compensation under this subchapter

is void. Compensation and claims for compensation are exempt from

claims of creditors.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 775. Sept. 7, 1916, ch.

458, Sec. 25, 39

Stat. 747.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8131 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8131. Subrogation of the United States

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546; Pub. L. 90-83, Sec.

1(60), Sept. 11, 1967, 81 Stat. 211.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a)-(c) 5 U.S.C. 776. Sept. 7, 1916, ch.

458, Sec. 26, 39

Stat. 747.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

207, 74 Stat. 908.

(d) 5 U.S.C. 791. Sept. 7, 1916, ch.

458, Sec. 41, 39

Stat. 750.

-------------------------------

In subsection (d), the first 45 words of section 41 of the Act of

Sept. 7, 1916, are omitted as executed. The words ''Panama Canal

Company'' are substituted for ''Panama Railroad Company'' on

authority of the Act of Sept. 26, 1950, ch. 1049, Sec. 2(a) (2), 64

Stat. 1038.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8131(c) 5 App.: 776 July 4, 1966, Pub.

(proviso). L. 89-488, Sec.

10(a), 80 Stat.

255.

-------------------------------

-REFTEXT-

REFERENCES IN TEXT

For definition of Panama Canal Company, referred to in text, see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC2-

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by Pub. L. 90-83 not

applicable to specified personnel, see section 7 of Pub. L. 90-83,

set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8147 of this title.

-CITE-

5 USC Sec. 8132 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8132. Adjustment after recovery from a third person

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90-83, Sec.

1(61), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, Sec. 15, Sept.

7, 1974, 88 Stat. 1147.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 777. Sept. 7, 1916, ch.

458, Sec. 27, 39

Stat. 747.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8132 5 App.: 777(b) July 4, 1966, Pub.

(proviso). L. 89-488, Sec.

10(b), 80 Stat.

255.

-------------------------------

The words ''However, * * * is entitled to retain * * * plus'' are

substituted for ''Provided, That * * * shall have the right to

retain * * * and, in addition, to retain''.

AMENDMENTS

1974 - Pub. L. 93-416 made minor changes in phraseology and

inserted provision prohibiting a court, etc., from distributing

proceeds of suit or settlement without satisfying or assuring

satisfaction of the interests of the United States.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and

applicable to any injury or death occurring on or after Sept. 7,

1974, see section 28(a) of Pub. L. 93-416, set out as a note under

section 8101 of this title.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by Pub. L. 90-83 not

applicable to specified personnel, see section 7 of Pub. L. 90-83,

set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8147 of this title.

-CITE-

5 USC Sec. 8133 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8133. Compensation in case of death

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90-83, Sec.

1(62), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, Sec. 16(a),

17, 18, Sept. 7, 1974, 88 Stat. 1147, 1149; Pub. L. 101-303, Sec.

3(1), May 29, 1990, 104 Stat. 251.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 760 (less Sept. 7, 1916, ch.

last 23 words of 458, Sec. 10 (less

1st sentence in last 15 words of

(B); and less (H) 1st sentence in

and (L)). (B); and less (H)

and (L)), 39 Stat.

744. Feb. 12, 1927,

ch. 110, Sec. 3, 44

Stat. 1087.

July 28, 1945, ch.

328, Sec. 2 (less

last 24 words), 3,

59 Stat. 503.

Oct. 14, 1949, ch.

691, Sec. 106 (less

last 23 words of

1st sentence in

''(B)'' of (c); and

less (e)), 63 Stat.

859.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

102, 74 Stat. 906.

-------------------------------

In subsection (a), the words ''an injury sustained in the

performance of duty'' are substituted for ''the injury'' to clearly

identify the type of injury to which the section refers.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8133(b) 5 App.: 760(G) (last July 4, 1966, Pub.

sentence). L. 89-488, Sec.

7(a), 80 Stat. 253.

8133(e) 5 App.: 760(K). July 4, 1966, Pub.

L. 89-488, Sec.

3(c), 80 Stat. 252.

-------------------------------

In subsection (b), the words ''Notwithstanding paragraph (3) of

this subsection'' are substituted for ''Notwithstanding any other

provision of this section'' for clarity. The words ''section 8101

of this title'' are substituted for ''section 10(M) of this Act''

to reflect the codification of that section in title 5.

In subsection (e), the words ''is deemed'' are substituted for

''shall be considered to be''. The words ''minimum rate of basic

pay for GS-2'' and ''maximum rate of basic pay for GS-15'' are

substituted for ''lowest rate of basic compensation provided for

grade 2 by the General Schedule of the Classification Act of 1949''

and ''highest rate of basic compensation provided for grade 15 of

the General Schedule of the Classification Act of 1949,''

respectively, for consistency of style and to reflect the

codification of the Classification Act of 1949 in title 5. The

words ''under section 8114 of this title'' are substituted for ''as

provided in section 12'' to reflect the codification of that

section in title 5.

AMENDMENTS

1990 - Subsec. (b)(1). Pub. L. 101-303 substituted ''age 55'' for

''age 60''.

1974 - Subsec. (a)(1). Pub. L. 93-416, Sec. 16(a), substituted

''50'' for ''45''.

Subsec. (a)(2). Pub. L. 93-416, Sec. 16(a), substituted ''45''

for ''40''.

Subsec. (a)(3). Pub. L. 93-416, Sec. 16(a), substituted ''40''

for ''35''.

Subsec. (b). Pub. L. 93-416, Sec. 16(a), inserted ''before

reaching age 60'' after ''remarries'' in par. (1), struck out par.

(2) referring to widower who dies, remarries or becomes capable of

self-support, redesignated pars. (3) and (4) as (2) and (3),

respectively, changed the reference in closing paragraph from

paragraph (3) of this subsection to paragraph (2) of this

subsection, and inserted provision for election by widower or widow

of benefits derived from more than one husband or wife.

Subsec. (e)(1). Pub. L. 93-416, Sec. 17, inserted '', except for

increases authorized by section 8146a of this title'' before '';

or''.

Subsec. (f). Pub. L. 93-416, Sec. 18, added subsec. (f).

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by sections 16(a) and 17 of Pub. L. 93-416 applicable

to cases where injury or death occurred prior to Sept. 7, 1974 but

only to a period beginning on or after Sept. 7, 1974, see section

28(a) of Pub. L. 93-416, set out as a note under section 8101 of

this title.

Amendment by section 18 of Pub. L. 93-416 effective on Sept. 7,

1974, and applicable to any injury or death occurring on or after

Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set out as a

note under section 8101 of this title.

GRATUITY FOR DEATH OF CIVILIAN EMPLOYEE FROM INJURY SUSTAINED IN

LINE OF DUTY

Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.

651), Sept. 30, 1996, 110 Stat. 3009-314, 3009-368, provided that:

''Notwithstanding section 8116 of title 5, United States Code, and

in addition to any payment made under 5 U.S.C. 8101 et seq.,

beginning in fiscal year 1997 and thereafter, the head of any

department or agency is authorized to pay from appropriations made

available to the department or agency a death gratuity to the

personal representative (as that term is defined by applicable law)

of a civilian employee of that department or agency whose death

resulted from an injury sustained in the line of duty on or after

August 2, 1990: Provided, That payments made pursuant to this

section, in combination with the payments made pursuant to sections

8133(f) and 8134(a) of such title 5 and section 312 of Public Law

103-332 (108 Stat. 2537) (5 U.S.C. 8134 note), may not exceed a

total of $10,000 per employee.''

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(62)(B) of Pub.

L. 90-83 not applicable to specified personnel, see section 7 of

Pub. L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8109, 8119, 8135, 8138,

8141, 8148 of this title; title 14 sections 707, 760; title 18

section 1921; title 22 section 3973.

-CITE-

5 USC Sec. 8134 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8134. Funeral expenses; transportation of body

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 548.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 761. Sept. 7, 1916, ch.

458, Sec. 11, 39

Stat. 745.

Feb. 12, 1927, ch.

110, Sec. 4, 44

Stat. 1087.

July 28, 1945, ch.

328, Sec. 2 (last

24 words), 59 Stat.

503.

Oct. 14, 1949, ch.

691, Sec. 107, 63

Stat. 860.

Sept. 13, 1960, Pub.

L. 86-767, Sec.

103, 74 Stat. 906.

-------------------------------

In subsection (a), the words ''an injury sustained in the

performance of duty'' are substituted for ''the injury'' to clearly

identify the type of injury to which the section refers.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AVAILABILITY OF DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

APPROPRIATIONS TO REIMBURSE REPRESENTATIVES OF EMPLOYEES KILLED IN

LINE OF DUTY

Pub. L. 103-332, title III, Sec. 312, Sept. 30, 1994, 108 Stat.

2537, provided that: ''Notwithstanding any other provision of law

in fiscal year 1995 and thereafter, appropriations made available

to any department or agency in a Department of the Interior and

Related Agencies Appropriations Act shall be available to that

department or agency to reimburse the representative (as that term

is defined by applicable law) of employees killed in the line of

duty after January 1, 1994, and in subsequent fiscal years, for

burial costs and related out-of-pocket expenses: Provided, That the

amount of such reimbursement may exceed the $800 limitation in 5

U.S.C. 8134(a): Provided further, That funds provided pursuant to

this authority may not exceed $10,000 per employee.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8109, 8133, 8146 of this

title; title 38 section 2307.

-CITE-

5 USC Sec. 8135 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8135. Lump-sum payment

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 548; Pub. L. 90-83, Sec.

1(63), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, Sec. 16(b),

19, 20, Sept. 7, 1974, 88 Stat. 1149; Pub. L. 101-303, Sec. 3(2),

May 29, 1990, 104 Stat. 251.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 764. Sept. 7, 1916, ch.

458, Sec. 14, 39

Stat. 746.

-------------------------------

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8135(b) 5 App.: 764(b). July 4, 1966, Pub.

L. 89-488, Sec. 8,

80 Stat. 254.

-------------------------------

The word ''widower'' is substituted for ''dependent widower'' to

conform to the definition in 5 U.S.C. 8101(11). The words ''section

8133 of title 5'' are substituted for ''section 10'' to reflect the

codification of that section in title 5, United States Code.

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-303 substituted ''age 55'' for

''age 60''.

1974 - Subsec. (a). Pub. L. 93-416, Sec. 20, substituted

provisions relating to use of the most current United States Life

Tables, for provisions relating to determination by the American

Experience Tables of Mortality.

Subsec. (a)(1). Pub. L. 93-416, Sec. 19, substituted ''$50'' for

''$5''.

Subsec. (b). Pub. L. 93-416, Sec. 16(b), inserted ''before

reaching age 60'' after ''On remarriage''.

-CHANGE-

CHANGE OF NAME

United States Department of Health, Education, and Welfare

redesignated the United States Department of Health and Human

Services by section 3508 of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 applicable to cases where injury or

death occurred prior to Sept. 7, 1974, but only to a period

beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L.

93-416, set out as a note under section 8101 of this title.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(63) of Pub. L.

90-83 not applicable to specified personnel, see section 7 of Pub.

L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8137, 8337, 8464a of this

title; title 22 section 4048; title 50 section 2051.

-CITE-

5 USC Sec. 8136 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8136. Initial payments outside the United States

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 549.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 793 (2d July 29, 1942, ch.

sentence of 4th 533 (2d sentence),

par.) 56 Stat. 725.

-------------------------------

The word ''continental'' is added on authority of the last

sentence of the fifth paragraph of former section 793, which is

carried into section 8137.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8137 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8137. Compensation for noncitizens and nonresidents

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 549.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 793 (5th July 28, 1945, ch.

par., less 328, Sec. 4 (less

penultimate penultimate

sentence). sentence), 59 Stat.

503.

-------------------------------

The last sentence of former section 793 is omitted as it consists

of a definition which is fully spelled out when the words ''United

States'' are used as a geographical reference.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8138 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8138. Minimum limit modification for noncitizens and aliens

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 550.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 793 (4th July 29, 1942, ch.

par., less 2d 533 (less 2d

sentence). sentence), 56 Stat.

725. Sept. 13,

1960, Pub. L. 86-

767, Sec. 210, 74

Stat. 910.

(b) 5 U.S.C. 793 (2d Sept. 7, 1916, ch.

sentence of 2d 458, Sec. 42 (2d

par.). sentence of 2d

par.), 39 Stat.

750.

Apr. 6, 1938, ch. 79

''Sec. 42 (2d

sentence of 2d

par.)'', 52 Stat.

201.

-------------------------------

In subsection (a), the words ''in his discretion'' are omitted as

unnecessary in view of the permissive nature of the authority. The

word ''continental'' is added on authority of the last sentence of

the fifth paragraph of former section 793, which is carried into

section 8137.

In subsection (b), the words ''Canal Zone Government'' and

''Panama Canal Company'' are substituted for ''Panama Canal'' and

''Panama Railroad Company'', respectively, on authority of the Act

of Sept. 26, 1950, ch. 1049, Sec. 2(a), 64 Stat. 1038.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone Government and Panama Canal Company,

referred to in text, see section 3602(b) of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8112 of this title.

-CITE-

5 USC Sec. 8139 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8139. Employees of the District of Columbia

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 550.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 794 (less July 11, 1919, ch.

1st sentence). 7, Sec. 11 (less

1st sentence), 41

Stat. 104.

-------------------------------

The words ''Compensation awarded'' are substituted for ''Such

compensation as the Secretary may award''.

The last sentence of former section 794, requiring that the

Commissioners of the District of Columbia submit to Congress

through the Bureau of the Budget estimates of appropriations, is

omitted as obsolete. The Budget and Accounting Act, 1921, as

amended, 31 U.S.C. 2 et seq., prescribes the procedures for

presenting all budget estimates for the government of the District

of Columbia and provides that the budget submission to Congress be

made by the President.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

PROCESSING OF CLAIMS FILED BY DISTRICT OF COLUMBIA EMPLOYEES

See Pub. L. 93-198, title II, Sec. 204(e), Dec. 24, 1973, 87

Stat. 783, set out as a note under section 8101 of this title.

-CITE-

5 USC Sec. 8140 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8140. Members of the Reserve Officers' Training Corps

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 550; Pub. L. 100-456,

div. A, title VI, Sec. 633(b), Sept. 29, 1988, 102 Stat. 1986;

Pub. L. 105-261, div. A, title VI, Sec. 655(a)-(c), Oct. 17, 1998,

112 Stat. 2053.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 802. Aug. 1, 1956, ch.

830, Sec. 4, 70

Stat. 805. Oct. 13,

1964, Pub. L. 88-

647, Sec. 302, 78

Stat. 1073.

-------------------------------

In subsection (a), the words ''Subject to the provisions of this

section'' are added for clarity.

In subsection (c), the last sentence of former section 802(b) is

omitted as unnecessary.

In subsection (d), the words ''Nothing in this section shall be

construed to hinder the prompt action authorized by sections 776

and 777 of this title in any case involving the legal liability of

a third party other than the United States'' are omitted as

unnecessary as there is nothing in the section that reasonably

could be so construed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-261, Sec. 655(c), inserted '', or

an illness contracted,'' after ''death incurred'' in introductory

provisions.

Subsec. (a)(2). Pub. L. 105-261, Sec. 655(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''while

performing authorized travel to or from, or while attending,

training or a practice cruise under chapter 103 of title 10.''

Subsec. (b). Pub. L. 105-261, Sec. 655(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''For

the purpose of this section, an injury is incurred in line of duty

only if it is the proximate result of the performance of military

training by the member concerned, or of his travel to or from that

training, during the periods specified by subsection (a)(2) of this

section. A member or applicant for membership who contracts a

disease or illness which is the proximate result of the performance

of training during the periods specified by subsection (a)(2) of

this section is considered for the purpose of this section to have

been injured in line of duty during that period. Subject to review

by the Secretary of Labor, the Secretary of the military department

concerned, under regulations prescribed by him, shall determine

whether or not an injury, disease, or illness was incurred or

contracted in line of duty and was the proximate result of the

performance of military training by the member concerned or of his

travel to or from that military training.''

1988 - Subsec. (a). Pub. L. 100-456, Sec. 633(b)(1)(A),

substituted ''who suffers an injury, disability, or death'' for

''who suffers disability or death from an injury'' in introductory

provisions.

Subsec. (a)(2). Pub. L. 100-456, Sec. 633(b)(1)(B), struck out

''field'' before ''training''.

Subsec. (f). Pub. L. 100-456, Sec. 633(b)(2), substituted ''by a

military department in a facility of a military department'' for

''while attending field training or a practice cruise under chapter

103 of title 10''.

Subsec. (g). Pub. L. 100-456, Sec. 633(b)(3), added subsec. (g).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title VI, Sec. 655(d), Oct. 17, 1998,

112 Stat. 2053, provided that: ''The amendments made by subsections

(a) and (b) (amending this section) shall take effect on the date

of the enactment of this Act (Oct. 17, 1998) and apply with respect

to injuries, illnesses, disabilities, and deaths incurred or

contracted on or after that date.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 applicable only with respect to

training performed after Sept. 30, 1988, see section 633(e) of Pub.

L. 100-456, set out as a note under section 2109 of Title 10, Armed

Forces.

DIFFERENT COVERAGE FOR RESERVE OFFICER TRAINING CORPS MEMBERS

Pub. L. 97-306, title I, Sec. 113(c), Oct. 14, 1982, 96 Stat.

1432, provided that: ''Notwithstanding section 8140 of title 5,

United States Code, subchapter I of chapter 81 of such title does

not apply in the case of a disability suffered by a member of the

Reserve Officers' Training Corps of the Army, Navy, or Air Force

that is compensable under chapter 11 of title 38, United States

Code, or a death suffered by such a member for which dependency and

indemnity compensation is payable under chapter 13 of such title

(section 401 et seq. of Title 38).''

(Section 113(d) of Pub. L. 97-306 provided that these provisions

shall apply only with respect to deaths and disabilities resulting

from diseases or injuries incurred or aggravated after September

30, 1982.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 101.

-CITE-

5 USC Sec. 8141 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8141. Civil Air Patrol volunteers

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 551; Pub. L. 98-94, title

XII, Sec. 1258(a), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103-296,

title I, Sec. 108(e)(4), Aug. 15, 1994, 108 Stat. 1486.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 803 (less Aug. 3, 1956, ch.

(d)). 926, Sec. 1 ''Sec.

3 (less (d))'', 70

Stat. 980.

-------------------------------

Subsection (d) of former section 803, providing for retroactive

applicability, is omitted as executed (see Table II).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of chapter 7 of title 42, referred to in text, is

section 401 et seq. of Title 42, The Public Health and Welfare.

-MISC2-

AMENDMENTS

1994 - Subsec. (b)(5). Pub. L. 103-296 substituted ''Commissioner

of Social Security'' for ''Secretary of Health, Education, and

Welfare'' in two places.

1983 - Subsec. (a). Pub. L. 98-94, Sec. 1258(a)(1), inserted

''under 18 years of age'' after ''Civil Air Patrol Cadet''.

Subsec. (b)(1). Pub. L. 98-94, Sec. 1258(a)(2), substituted ''the

rate of basic pay payable for step 1 of grade GS-9 in the General

Schedule under section 5332 of this title'' for ''$300''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1258(b) of Pub. L. 98-94 provided that:

''(1) The amendments made by subsection (a) (amending this

section) shall take effect on the date of the enactment of this Act

(Sept. 24, 1983).

''(2) The amendment made by subsection (a)(1) (amending this

section) shall apply only to deaths or injuries occurring on or

after the date of the enactment of this Act (Sept. 24, 1983).

''(3) The amendment made by subsection (a)(2) (amending this

section) shall apply only to the computation of compensation

payable for periods commencing on or after the date of the

enactment of this Act (Sept. 24, 1983).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8150 of this title.

-CITE-

5 USC Sec. 8142 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8142. Peace Corps volunteers

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 552; Pub. L. 90-83, Sec.

1(64), Sept. 11, 1967, 81 Stat. 212; Pub. L. 93-416, Sec. 23(b),

Sept. 7, 1974, 88 Stat. 1150.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

22 U.S.C. 2504(d). Sept. 22, 1961, Pub.

L. 87-293, Sec.

5(d), 75 Stat. 613.

-------------------------------

Subsection (a) is based on sections 2504(a), 2505, and 2507(a) of

title 22.

In subsection (b), the words ''Subject to the provisions of this

section'' are added for clarity and to conform to the style of

sections 8140 and 8141. The words ''of the United States

Government'' are omitted as unnecessary in view of the definition

of ''employee'' in section 8101(1).

In subsection (c), the words ''outside the several States,

territories and possessions of the United States, and the District

of Columbia'' are substituted for ''abroad'' on authority of

section 2522(a), (b) of title 22. References to ''the general

schedule established by the Classification Act of 1949, as

amended'' are omitted as unnecessary.

Subsection (c)(4) is added on authority of section 2522(e) of

title 22.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

Section 8142 of title 5 was derived from section 2504(d) of title

22. This amendment reflects changes, effected by the act of Sept.

13, 1966, Public Law 89-572, section 4, 80 Stat. 765, in the

definitions applicable to section 2504(d) by virtue of section

2522(a), (b) of title 22.

AMENDMENTS

1974 - Subsec. (c)(2). Pub. L. 93-416 inserted provision relating

to a volunteer with one or more minor children.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 effective on Sept. 7, 1974, and

applicable to any injury or death occurring on or after such

effective date, see section 23(a) of Pub. L. 93-416, set out as a

note under section 8101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5732 of this title.

-CITE-

5 USC Sec. 8143 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8143. Job Corps enrollees; volunteers in service to America

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 553; Pub. L. 90-83, Sec.

1(65), Sept. 11, 1967, 81 Stat. 212; Pub. L. 90-623, Sec. 1(19),

Oct. 22, 1968, 82 Stat. 1313; Pub. L. 93-416, Sec. 8(b), Sept. 7,

1974, 88 Stat. 1145; Pub. L. 103-82, title III, Sec. 384, Sept. 21,

1993, 107 Stat. 915.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 42 U.S.C. 2716(c). Aug. 20, 1964, Pub.

L. 88-452, Sec.

106(c), 78 Stat.

510.

(b) 42 U.S.C. 2943(d) Aug. 20, 1964, Pub.

(words after 6th L. 88-452, Sec.

comma, as 603(d) (words after

applicable to 42 6th comma, as

U.S.C. 2716(c)). applicable to Sec.

106(c)), 78 Stat.

531.

-------------------------------

In subsection (a)(1), reference to ''the Classification Act of

1949 (5 U.S.C. 1071 et seq.)'' is omitted as unnecessary. In

subsection (a)(3)(B), the word ''his'' is substituted for ''his or

her'' on authority of 1 U.S.C. 1.

In subsection (b), the words ''in service to America'' are

inserted after ''volunteer'' for clarity.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8143(a)(1) 42: 2716(c)(2)(B). Nov. 8, 1966, Pub.

L. 89-794, Sec.

109, 80 Stat. 1453.

8143(a)(3) 42: 2716(c)(2)(A). Oct. 9, 1965, Pub.

L. 89-253, Sec. 6,

79 Stat. 973.

8143(b) 42: 2991c(b) (as Nov. 8, 1966, Pub.

applicable to 42: L. 89-794, Sec. 801

2716(c)). ''Sec. 804(b) (as

applicable to Sec.

106(c) of the

Economic

Opportunity Act of

1964)'', 80 Stat.

1474.

-------------------------------

In subsection (a)(3), the words ''in the Federal Employees'

Compensation Act'' are omitted as unnecessary since that act is

codified in that subchapter of title 5, United States Code, in

which section 8143 is a part. The word ''his'' is substituted for

''his or hers'' on authority of 1 U.S.C. 1. The words ''Job Corps''

are substituted for ''Corps'' on authority of 42 U.S.C. 2712.

In subsection (b), the words ''in service to America'' are

inserted after ''volunteer'' in two places for clarity. The words

''subsection (a)(2) of this section'' are substituted for

''paragraph (2)(B) of section 106(c)'' to reflect the codification

of that paragraph in title 5. The words ''at the minimum rate for

GS-7'' are substituted for ''under the entrance salary for GS-7 of

the General Schedule for section 5332, title 5, United States

Code'' to conform to the style of title 5.

-REFTEXT-

REFERENCES IN TEXT

Part A of subchapter VIII of chapter 34 of title 42, referred to

in subsec. (b), is part A of title VIII of Pub. L. 88-452, Aug. 20,

1964, 73 Stat. 508, as amended, known as the Economic Opportunity

Act of 1964. Part A of title VIII of that Act, as added by Pub. L.

90-222, title I, Sec. 110, Dec. 23, 1967, 81 Stat. 722, was

classified generally to part A (Sec. 2992 et seq.) of subchapter

VIII of chapter 34 of Title 42, The Public Health and Welfare,

prior to its repeal by Pub. L. 93-113, title VI, Sec. 603, Oct. 1,

1973, 87 Stat. 417. See sections 4951 et seq. and 5055 of Title 42.

-MISC2-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-82 substituted ''GS-5 of the

General Schedule under section 5332 of title 5, United States

Code'' for ''GS-7''.

1974 - Pub. L. 93-416 struck out '', (b)'' after ''section

8113(a)''.

1968 - Pub. L. 90-623 reenacted section in its entirety making

minor changes in phraseology.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

392 of Pub. L. 103-82, set out as a note under section 4951 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 applicable to case where injury or

death occurred prior to Sept. 7, 1974, but only to a period

beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L.

93-416, set out as a note under section 8101 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 section 2897.

-CITE-

5 USC Sec. 8143a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8143a. Members of the National Teacher Corps

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 90-83, Sec. 1(66)(A), Sept. 11, 1967, 81 Stat. 212.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8143a 20: 1105(b). Nov. 8, 1965, Pub.

L. 89-329, Sec.

515(b), 79 Stat.

1257.

-------------------------------

The words ''a member of the National Teacher Corps'' are

substituted for ''such members'' on authority of 20 U.S.C. 1102,

1105(a). In paragraph (1)(B), the words ''Commissioner of

Education'' are substituted for ''Commissioner'' on authority of 20

U.S.C. 1141(f). In paragraph (2), the words ''at the minimum rate

for GS-6'' are substituted for ''under the entrance salary for

grade 6,'' and the reference to the General Schedule of the

Classification Act of 1949 is omitted as unnecessary.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Commissioner of Education of Department of Health,

Education, and Welfare transferred to Secretary of Education by

section 3441(a)(1) of Title 20, Education.

-CITE-

5 USC Sec. 8144 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8144. Student-employees

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 553.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 1053. Aug. 4, 1947, ch.

452, Sec. 4, 61

Stat. 727.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8145 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8145. Administration

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 553.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 778. Sept. 7, 1916, ch.

458, Sec. 28, 39

Stat. 748.

Oct. 14, 1949, ch.

691, Sec. 205(a),

(c)(1), 63 Stat.

864.

(Uncodified). 1946 Reorg. Plan No.

2, Sec. 3 (less 2d

sentence), eff.

July 16, 1946, 60

Stat. 1095.

(Uncodified). 1950 Reorg. Plan No.

19, Sec. 1, eff.

May 24, 1950, 64

Stat. 1271.

5 U.S.C. 781. Sept. 7, 1916, ch.

458, Sec. 30, 39

Stat. 748.

5 U.S.C. 783 (last 9 Sept. 7, 1916, ch.

words). 458, Sec. 32 (last

9 words), 39 Stat.

749.

-------------------------------

The last 20 words of former section 781 are omitted as

unnecessary in view of the definition of ''competitive service'' in

section 2102 and the provisions of subchapter I of chapter 33

concerning examination and certification for and appointment in the

competitive service.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

PROCESSING OF CLAIMS FILED BY DISTRICT OF COLUMBIA EMPLOYEES

See Pub. L. 93-198, title II, Sec. 204(e), Dec. 24, 1973, 87

Stat. 783, set out as a note under section 8101 of this title.

-CITE-

5 USC Sec. 8146 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8146. Administration for the Panama Canal Commission and The

Alaska Railroad

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 553; Pub. L. 96-70, title

III, Sec. 3302(e)(9), Sept. 27, 1979, 93 Stat. 498.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 793 (1st 3 Sept. 7, 1916, ch.

pars., less 2d 458, Sec. 42 (less

sentence of 2d 2d sentence of 2d

par.). par.), 39 Stat.

750. Apr. 6, 1938,

ch. 79 ''Sec. 42

(less 2d sentence

of 2d par.)'', 52

Stat. 200. Aug. 30,

1964, Pub. L. 88-

508, 78 Stat. 666.

-------------------------------

In subsection (a), the words ''in which cases the words

'Secretary' and 'his' wherever they appear in sections 751-756,

757-781, 783-791, and 793 of this title shall, so far as necessary

to give effect to such transfer, be read, 'Governor of the Canal

Zone' or 'the general manager of The Alaska Railroad', as the case

may be, and 'his' '' are omitted as surplusage.

In subsection (b), the words ''the Employees' Compensation Fund''

are substituted for ''appropriation for the work of the Secretary''

in view of former section 771, which is carried into section 8123,

which provides that all such expenses shall be paid from the Fund.

In subsections (b) and (c), the words ''Canal Zone Government'',

''Panama Canal Company'', and ''Governor of the Canal Zone'' are

substituted for ''Panama Canal'', ''Panama Railroad Company'', and

''Governor of the Panama Canal'', respectively, on authority of the

Act of Sept. 26, 1950, ch. 1049, Sec. 2, 64 Stat. 1038.

In subsection (e), the words ''of other employees to whom this

subchapter applies'' are substituted for ''of other employees of

the Federal Government'' for clarity and in view of the provisions

of section 8149. The words ''Employees' Compensation Appeals

Board'' are substituted for ''Appeals Board'' to reflect the full

title of the Board

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1979 - Pub. L. 96-70, Sec. 3302(e)(9)(A), substituted ''Panama

Canal Commission'' for ''Canal Zone'' in section catchline.

Subsec. (a)(1). Pub. L. 96-70, Sec. 3302(e)(9)(B), substituted

''Panama Canal Commission are concerned to the Commission'' for

''Canal Zone Government and of the Panama Canal Company are

concerned to the Governor of the Canal Zone''.

Subsec. (b). Pub. L. 96-70, Sec. 3302(e)(9)(C)-(E), substituted

''Panama Canal Commission'' for ''Canal Zone Government'' in two

places and ''Panama Canal Commission'' for ''Governor of the Canal

Zone'' and struck out ''or from funds from the Panama Canal

Company'' after ''The Alaska Railroad''.

Subsec. (c). Pub. L. 96-70, Sec. 3302(e)(9)(F), substituted

''Panama Canal Commission'' for ''Governor of the Canal Zone'' and

''employee of the Panama Canal Commission'' for ''employee of the

Canal Zone Government or the Panama Canal Company''.

Subsec. (e). Pub. L. 96-70, Sec. 3302(e)(9)(G), substituted

''Panama Canal Commission'' for ''Canal Zone Government and of the

Panama Canal Company''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8149 of this title.

-CITE-

5 USC Sec. 8146a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8146a. Cost-of-living adjustment of compensation

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 90-83, Sec. 1(67)(A), Sept. 11, 1967, 81 Stat. 212;

amended Pub. L. 93-416, Sec. 21, 24, Sept. 7, 1974, 88 Stat. 1149,

1150; Pub. L. 96-499, title IV, Sec. 421(a), Dec. 5, 1980, 94 Stat.

2608.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8146a(a) 8146a(b) 5 App.: 793a(a). 5 July 4, 1966, Pub.

App.: 793a(b). L. 89-488, Sec. 14

''Sec. 43(a),

(b)'', 80 Stat.

256.

-------------------------------

In subsection (a), the words ''After the month during which this

section becomes effective,'' following ''Each month,'' are omitted

as executed and unnecessary. The words ''Secretary of Labor'' are

substituted for ''Secretary'' on authority of section 40(i) of the

Federal Employees' Compensation Act. In the second sentence, the

words ''latest base month'' are substituted for ''most recent base

month.''

So much of section 14 of Public Law 89-488 as redesignated

section 43 of the Federal Employees' Compensation Act as section 44

is omitted as unnecessary in view of the codification of that act

in title 5, United States Code.

-REFTEXT-

REFERENCES IN TEXT

''Persons excluded by section 15 of the Federal Employees'

Compensation Act Amendments of 1966'', referred to in subsec. (c),

means persons excluded by section 15 of Pub. L. 89-488, July 4,

1966, 80 Stat. 256, which was set out as a note under section 756

of former Title 5, Executive Departments and Government Officers

and Employees, prior to the 1966 revision of Title 5 by Pub. L.

89-554. Such section 15 of the Federal Employees' Compensation Act

Amendments of 1966 directed that benefit increases mandated by the

Federal Employees' Compensation Act Amendments of 1966 not apply to

employees unless such employees fell within the definition of

''employees'' in section 40(b) (1) or (2) of the Federal Employees'

Compensation Act (section 790(b)(1) or (2) of former Title 5). As a

result section 15 of the Federal Employees' Compensation Act

Amendments of 1966 served to prohibit increases to persons to whom

the benefits of the Federal Employees' Compensation Act had been

extended over the years by Acts described in subsec. (c) as

follows:

Act of February 15, 1934 (48 Stat. 351) which extended coverage

to employees of the Federal Civil Works Administration and was

classified to section 796 of former Title 5.

Act of June 26, 1936 (49 Stat. 2035) probably means Act of June

29, 1936 which extended coverage to certain W.W. I veterans and was

set out as a note under section 134 of former Title 38, Pensions,

Bonuses, and Veterans' Relief.

Act of April 8, 1935 (49 Stat. 115) which extended coverage to

certain emergency relief personnel, is act April 8, 1935, ch. 48,

49 Stat. 115, which was enacted as legislation supplementary to the

Federal Emergency Relief Act of 1933, was classified to sections

721 and 728 of Title 15, Commerce and Trade, and was omitted from

the Code as temporary.

Act of July 25, 1942 (56 Stat. 710) which extended coverage to

certain personnel of the War Relocation Authority, was set out as a

note under section 796 of former Title 5, Executive Departments and

Government Officers and Employees.

Public Law 84-955 (Aug. 3, 1956) which extended coverage to

certain Civil Air Patrol personnel was set out as a note under

section 760 of former Title 5.

Public Law 77-784 (December 2, 1942), which extended coverage to

war risk hazards of certain employees of federal contractors, is

act Dec. 2, 1942, ch. 668, 56 Stat. 1028, as amended, titles I and

II of which are popularly known as the War Hazards Compensation

Act, and is classified principally to chapter 12 (Sec. 1701 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Tables.

Public Law 84-879 (August 1, 1956), which extended coverage to

certain members of the Reserve Officers Training Corps of the Army,

Navy, and Air Force, was classified to section 802 of former Title

5, Executive Departments and Government Officers and Employees.

Public Law 80-896 (July 3, 1948), which extended coverage to

certain persons entitled to war claims, is act July 3, 1948, ch.

826, 62 Stat. 1240, as amended, popularly known as the War Claims

Act of 1948, which is classified generally to section 2001 et seq.

of Title 50, Appendix, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 2001 of Title 50, Appendix, and Tables.

Act of September 8, 1959 (73 Stat. 469) which transferred from

the Department of Commerce to the Department of Labor certain

functions in respect to insurance benefits and disability payments

to seamen for W.W. II service-connected injuries, death, or

disability, was not classified to the Code.

-MISC2-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-499 substituted ''Compensation''

for ''Each month the Secretary of Labor shall determine the percent

change in the price index. Effective the first day of the month

which begins after the price index change equals a rise of at least

3 percent for 3 consecutive months over the price index for the

latest base month, compensation'', ''March 1 of each year shall be

annually increased'' for ''that first day shall be increased'' and

''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,'' for ''percent rise in the

price index (calculated on the highest level of the price index

during the 3 consecutive months)''.

1974 - Subsec. (a). Pub. L. 93-416, Sec. 21, substituted

''Effective the first day of the month'' for ''Effective the first

day of the third month''.

Subsec. (b). Pub. L. 93-416, Sec. 21, substituted ''regular

periodic compensation payments'' for ''monthly compensation''.

Subsec. (c). Pub. L. 93-416, Sec. 24, added subsec. (c).

EFFECTIVE DATE OF 1980 AMENDMENT

For effective date of amendment by Pub. L. 96-499, see section

422 of Pub. L. 96-499, set out as a note under section 8101 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-416 applicable to cases where injury or

death occurred prior to Sept. 7, 1974, but only to the period

beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L.

93-416, set out as a note under section 8101 of this title.

PERSONNEL NOT AFFECTED BY COST-OF-LIVING ADJUSTMENT

Increases authorized by this section not applicable to employees

and individuals not within the definition of ''employee'' in

section 8101(1)(A), (B), or (D) of this title, members of the

Metropolitan Police or the Fire Department of the District of

Columbia who are pensioned or pensionable under sections 521 to 535

of title 4, District of Columbia Code, or members of a uniformed

service, see section 7 of Pub. L. 90-83, set out as a note under

section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8133 of this title; title

22 section 3715a.

-CITE-

5 USC Sec. 8147 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8147. Employees' Compensation Fund

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 554; Pub. L. 90-83, Sec.

1(68), Sept. 11, 1967, 81 Stat. 213; Pub. L. 93-416, Sec. 25, 26,

Sept. 7, 1974, 88 Stat. 1150; Pub. L. 94-273, Sec. 42, Apr. 21,

1976, 90 Stat. 381; Pub. L. 97-258, Sec. 3(a)(17), Sept. 13, 1982,

96 Stat. 1063.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 785. Sept. 7, 1916, ch.

458, Sec. 35, 39

Stat. 749. Sept.

12, 1950, ch. 946,

Sec. 301(92), 64

Stat. 844. Sept.

13, 1960, Pub. L.

86-767, Sec. 209,

74 Stat. 909.

-------------------------------

In subsection (b), the words ''each agency and instrumentality of

the United States'' are substituted for ''each executive department

and each agency or instrumentality of the United States or other

establishment''. The words ''(hereinafter called 'agency')'' are

omitted as unnecessary because ''agency or instrumentality'' is

substituted for ''agency'' in the remainder of this subsection and

in subsection (c). The words ''occurring after December 1, 1960''

are omitted as executed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8147(a) 5 App.: 785(d). July 4, 1966, Pub.

L. 89-488, Sec.

10(c), 80 Stat.

255.

-------------------------------

The word ''performed'' is substituted for ''rendered'' to conform

to the style of title 5. The words ''sections 8131 and 8132 of this

title'' are substituted for ''sections 26 and 27'' to reflect the

codification of those sections in title 5.

AMENDMENTS

1982 - Subsec. (c). Pub. L. 97-258 substituted ''section

9101(2)'' for ''section 856'', and ''chapter 91'' for ''sections

841-869''.

1976 - Subsec. (b). Pub. L. 94-273 inserted ''during the first

fifteen days of October following the furnishing of the statement''

after ''its control'' and substituted ''July 1 through June 30

expense period'' for ''fiscal year'' and ''the fiscal year

beginning in the next calendar year'' for ''the next fiscal year''.

1974 - Subsec. (a). Pub. L. 93-416, Sec. 26, substituted ''Office

of Management and Budget'' for ''Bureau of the Budget''.

Subsec. (c). Pub. L. 93-416, Sec. 25, inserted reference to the

United States Postal Service.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by section 25 of Pub. L. 93-416 applicable to cases

where injury or death occurred prior to Sept. 7, 1974, but only to

a period beginning on or after Sept. 7, 1974, see section 28(a) of

Pub. L. 93-416, set out as a note under section 8101 of this title.

Amendment by section 26 of Pub. L. 93-416 effective Sept. 7,

1974, and applicable to any death or injury occurring on or after

Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set out as a

note under section 8101 of this title.

GOVERNMENT PRINTING OFFICE PAYMENT OF COST OF ADMINISTRATION

Pub. L. 105-275, title III, Sec. 313, Oct. 21, 1998, 112 Stat.

2460, provided that: ''For purposes of section 8147 of title 5,

United States Code, the Government Printing Office is not

considered an agency which is required by statute to submit an

annual budget pursuant to or as provided by chapter 91 of title 31,

United States Code, and is not required to pay an additional amount

for the cost of administration.''

FISCAL YEAR 1994 PROHIBITION ON PAYMENTS TO INDIVIDUALS CONVICTED

OF ISSUING FALSE STATEMENTS OR FRAUD

Pub. L. 103-112, title I, Sec. 102, Oct. 21, 1993, 107 Stat.

1089, Department of Labor Appropriation Act, 1994, provided that:

''None of the funds in the Employees' Compensation Fund under 5

U.S.C. 8147 shall be expended for payment of compensation,

benefits, and expenses to any individual convicted of a violation

of 18 U.S.C. 1920, or of any felony fraud related to the

application for or receipt of benefits under subchapters I or III

of chapter 81 of title 5, United States Code.''

DEPOSIT INTO FUND BETWEEN JULY 1, AND JULY 15, 1976, OF SPECIFIED

PART OF AUGUST 15, 1975, STATEMENT

Pub. L. 94-274, title I, Sec. 120, Apr. 21, 1976, 90 Stat. 389,

provided that for the purposes of 5 U.S.C. 8147(b), each agency and

instrumentality of the United States dependent upon an annual

appropriation and having an employee who is or may be entitled to

compensation benefits under this subchapter or any extension or

application thereof shall deposit in the Treasury to the credit of

the Employees' Compensation Fund, no later than July 15, 1976, but

no earlier than July 1, 1976, 25 per centum of the amount stated in

the August 15, 1975, statement.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(71) of Pub. L.

90-83 not applicable to specified personnel, see section 7 of Pub.

L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 95d; title 39

section 2003; title 42 sections 1701, 1704, 1705; title 49 section

49104.

-CITE-

5 USC Sec. 8148 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8148. Forfeiture of benefits by convicted felons

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-333, title I, Sec. 101(a)(1), Sept. 30, 1994,

108 Stat. 2546; amended Pub. L. 105-247, Sec. 1, Oct. 9, 1998, 112

Stat. 1863.)

-MISC1-

PRIOR PROVISIONS

A prior section 8148, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

555, provided for a report to Congress by Secretary of Labor at

beginning of each regular session covering work for preceding

fiscal year under this subchapter, prior to repeal by Pub. L.

90-83, Sec. 1(69), Sept. 11, 1967, 81 Stat. 213.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-247 substituted ''or receipt''

for ''a receipt''.

EFFECTIVE DATE

Section 101(c) of Pub. L. 103-333 provided that: ''The amendments

made by this section (enacting this section and amending section

1920 of Title 18, Crimes and Criminal Procedure) shall take effect

on the date of the enactment of this Act (Sept. 30, 1994). The

amendments made by subsection (a) (enacting this section) shall

apply to claims filed before, on, or after the date of enactment of

this Act, and shall apply only to individuals convicted after such

date of enactment.''

-CITE-

5 USC Sec. 8149 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8149. Regulations

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 90-83, Sec.

1(71), Sept. 11, 1967, 81 Stat. 213.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 783 (less Sept. 7, 1916, ch.

last 9 words). 458, Sec. 32 (less

last 9 words), 39

Stat. 749.

(Uncodified). 1946 Reorg. Plan No.

2, Sec. 3 (2d

sentence), eff.

July 16, 1946, 60

Stat. 1095.

(Uncodified). 1950 Reorg. Plan No.

19, Sec. 2, eff.

May 24, 1950, 64

Stat. 1272.

-------------------------------

The words ''administration and'' are added for clarity.

Administration of this subchapter was transferred to the

Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64

Stat. 1271 (see section 8145).

The first sentence of section 2 of 1950 Reorg. Plan No. 19 is

omitted as executed. The word ''employees'' is coextensive with

and substituted for ''employees of the Federal Government or of the

District of Columbia'' in view of the definition of ''employee'' in

section 8101.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8149 5 App.: 783. July 4, 1966, Pub.

L. 89-488, Sec.

11(a), 12, 80 Stat.

255.

-------------------------------

In the first sentence, the words ''section 8124 of this title''

are substituted for ''section 36'' to reflect the codification of

that section in title 5, United States Code.

In the second sentence, the word ''adjudicating'' is substituted

for ''in the adjudication of''. The words ''section 8146 of this

title'' and ''this subchapter'' are substituted for ''section 42 of

this Act'' and ''this Act'', respectively, to reflect the

codification of the Federal Employees' Compensation Act in title 5,

United States Code.

PERSONNEL NOT AFFECTED BY 1967 INCREASE

Increases authorized under amendment by section 1(71) of Pub. L.

90-83 not applicable to specified personnel, see section 7 of Pub.

L. 90-83, set out as a note under section 8103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8146 of this title.

-CITE-

5 USC Sec. 8150 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8150. Effect on other statutes

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 555.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 791-4(b). Oct. 14, 1949, ch.

691, Sec. 305(b),

63 Stat. 868.

(b) 5 U.S.C. 803a. Aug. 3, 1956, ch.

926, Sec. 1 ''Sec.

4'', 70 Stat. 981.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8151 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8151. Civil service retention rights

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 93-416, Sec. 22, Sept. 7, 1974, 88 Stat. 1149;

amended Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92

Stat. 1224.)

-MISC1-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE

Section applicable to cases where injury or death occurred prior

to Sept. 7, 1974, but only to a period beginning on or after Sept.

7, 1974, see section 28(a) of Pub. L. 93-416, set out as an

Effective Date of 1974 Amendment note under section 8101 of this

title.

-CITE-

5 USC Sec. 8152 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 8152. Annual report

-STATUTE-

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 (FOOTNOTE 1) Harbor Workers' Compensation Act (33

U.S.C. 942).

(FOOTNOTE 1) So in original. Probably should be ''Longshore

and''.

-SOURCE-

(Added Pub. L. 104-66, title I, Sec. 1102(b)(3)(A), Dec. 21, 1995,

109 Stat. 723.)

-CITE-

5 USC SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND

INSTRUMENTALITIES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

.

-HEAD-

SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 10 section 1588.

-CITE-

5 USC Sec. 8171 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

-HEAD-

Sec. 8171. Compensation for work injuries; generally

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 103-337,

div. A, title X, Sec. 1061(c), 1070(d)(8)(A), Oct. 5, 1994, 108

Stat. 2847, 2858; Pub. L. 104-106, div. A, title XV, Sec.

1505(b)(1), Feb. 10, 1996, 110 Stat. 514.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 150k-1(a). June 19, 1952, ch.

444, Sec. 2, 66

Stat. 139. July 18,

1958, Pub. L. 85-

538, Sec. 1 ''Sec.

2(a)'', 72 Stat.

397.

-------------------------------

In subsection (a), the word ''civilian'' is omitted as

unnecessary as the definition of ''employee'' in section 2105

includes only civilians.

In subsection (d), the reference to ''the United States District

Court for the District of Columbia'' is omitted as included in the

words ''district court''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

The Longshore and Harbor Workers' Compensation Act, referred to

in subsec. (a), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as

amended, which is classified generally to chapter 18 (Sec. 901 et

seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see section 901 of Title 33

and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1505(b)(1)(A),

substituted ''903(a))'' for ''903(3))'' in concluding provisions.

Subsec. (c)(1). Pub. L. 104-106, Sec. 1505(b)(1)(B), inserted

''section'' before ''39(b)''.

Subsec. (d). Pub. L. 104-106, Sec. 1505(b)(1)(C), substituted

''(33 U.S.C. 918 and 921)'' for ''(33 U.S.C. 18 and 21,

respectively)''.

1994 - Subsec. (a). Pub. L. 103-337, Sec. 1070(d)(8)(A)(i)(III),

substituted ''section 3(a) of such Act (33 U.S.C. 903(3)) which

follows the second comma'' for ''section 903(a) of title 33 which

follows the first comma'' in second sentence.

Pub. L. 103-337, Sec. 1070(d)(8)(A)(i)(I), (II), substituted

''The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901

et seq.)'' for ''Chapter 18 of title 33'' and ''section 2(2) of

such Act (33 U.S.C. 902(2))'' for ''section 902(2) of title 33'',

in introductory provisions.

Pub. L. 103-337, Sec. 1061(c), inserted '', or to a volunteer

providing such an instrumentality with services accepted under

section 1588 of title 10,'' after ''described by section 2105(c) of

this title'' in introductory provisions.

Subsec. (b). Pub. L. 103-337, Sec. 1070(d)(8)(A)(ii), substituted

''section 2(4) of the Longshore and Harbor Workers' Compensation

Act (33 U.S.C. 902(4))'' for ''section 902(4) of title 33''.

Subsec. (c)(1). Pub. L. 103-337, Sec. 1070(d)(8)(A)(iii),

substituted ''39(b) of the Longshore and Harbor Workers'

Compensation Act (33 U.S.C. 939(b))'' for ''section 939(b) of title

33''.

Subsec. (d). Pub. L. 103-337, Sec. 1070(d)(8)(A)(iv), substituted

''sections 18 and 21 of the Longshore and Harbor Workers'

Compensation Act (33 U.S.C. 18 and 21, respectively)'' for

''sections 918 and 921 of title 33''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8173 of this title.

-CITE-

5 USC Sec. 8172 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

-HEAD-

Sec. 8172. Employees not citizens or residents of the United States

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103-272, Sec.

4(b)(3), July 5, 1994, 108 Stat. 1361; Pub. L. 103-337, div. A,

title X, Sec. 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L.

104-106, div. A, title XV, Sec. 1505(b)(2), Feb. 10, 1996, 110

Stat. 514.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 150k-1(b). July 18, 1958, Pub.

L. 85-538, Sec. 1

''Sec. 2(b)'', 72

Stat. 397.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''(33 U.S.C. 902(2))'' for

''(33 U.S.C. 2(2))'' in introductory provisions.

1994 - Pub. L. 103-337 substituted ''section 2(2) of the

Longshore and Harbor Workers' Compensation Act (33 U.S.C. 2(2))''

for ''section 902(2) of title 33'' in introductory provisions.

Pub. L. 103-272 substituted ''Secretary of Transportation'' for

''Secretary of the Treasury'' in concluding provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8173 of this title.

-CITE-

5 USC Sec. 8173 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER II - EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

-HEAD-

Sec. 8173. Liability under this subchapter exclusive

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103-337,

div. A, title X, Sec. 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859;

Pub. L. 104-106, div. A, title XV, Sec. 1505(b)(2), Feb. 10, 1996,

110 Stat. 514.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 150k-1(c). July 18, 1958, Pub.

L. 85-538, Sec. 1

''Sec. 2(c)'', 72

Stat. 397.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''(33 U.S.C. 902(2))'' for

''(33 U.S.C. 2(2))''.

1994 - Pub. L. 103-337 substituted ''section 2(2) of the

Longshore and Harbor Workers' Compensation Act (33 U.S.C. 2(2))''

for ''section 902(2) of title 33''.

-CITE-

5 USC SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT

EMPLOYED BY THE UNITED STATES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE

UNITED STATES

.

-HEAD-

SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE

UNITED STATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 8148 of this title;

title 16 section 742l; title 18 section 1920; title 25 section

2804.

-CITE-

5 USC Sec. 8191 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE

UNITED STATES

-HEAD-

Sec. 8191. Determination of eligibility

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 90-291, Sec. 1(a), Apr. 19, 1968, 82 Stat. 98;

amended Pub. L. 90-623, Sec. 1(20), Oct. 22, 1968, 82 Stat. 1313.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-623 substituted ''For the purposes of this

subchapter'' for ''For the purposes of this Act''.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

EFFECTIVE DATE

Section 2 of Pub. L. 90-291 provided that: ''The amendments made

by section 1 of this Act (enacting this section and sections 8192

and 8193 of this title) are effective only with respect to personal

injuries sustained on or after the date of enactment of this Act

(Apr. 19, 1968).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8193 of this title; title

42 section 3796.

-CITE-

5 USC Sec. 8192 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE

UNITED STATES

-HEAD-

Sec. 8192. Benefits

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 90-291, Sec. 1(a), Apr. 19, 1968, 82 Stat. 99.)

-MISC1-

EFFECTIVE DATE

Section effective only with respect to personal injuries

sustained on or after Apr. 19, 1968, see section 2 of Pub. L.

90-291, set out as a note under section 8191 of this title.

-CITE-

5 USC Sec. 8193 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 81 - COMPENSATION FOR WORK INJURIES

SUBCHAPTER III - LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE

UNITED STATES

-HEAD-

Sec. 8193. Administration

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 90-291, Sec. 1(a), Apr. 19, 1968, 82 Stat. 99;

amended Pub. L. 94-183, Sec. 2(31), Dec. 31, 1975, 89 Stat. 1058.)

-MISC1-

AMENDMENTS

1975 - Subsec. (f). Pub. L. 94-183 redesignated subsec. (e),

relating to appropriations, as subsec. (f).

EFFECTIVE DATE

Section effective only with respect to personal injuries

sustained on or after Apr. 19, 1968, see section 2 of Pub. L.

90-291, set out as a note under section 8191 of this title.

-CITE-