Legislación
US (United States) Code. Title 5. Chapter 81: Compensation for work injuries
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5 USC CHAPTER 81 - COMPENSATION FOR WORK INJURIES 01/06/03
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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
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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.
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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.
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5 USC SUBCHAPTER I - GENERALLY 01/06/03
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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
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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.
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5 USC Sec. 8101 01/06/03
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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.)
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Historical and Revision Notes
1966 Act
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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(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)
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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.
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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.
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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