tion to provide by regulation for a board of three persons to be designated or appointed by the Federal Security Administrator with authority to hear and, subject to applicable law, make final decision on appeals taken from determinations and awards with respect to claims of employees of the Federal Government or of the District of Columbia, and pursuant to Agency order No. 58, the Federal Security Administrator established an Employees' Compensation Appeals Board to hold hearings and make decisions on appeals taken from such determinations and awards (Parts 501 and 502 of this title). By section 2 of Reorganization Plan No. 19 (3 CFR, 1949-1953 Comp., p. 1010; 64 Stat. 1272), the Board and its functions were transferred to the Department of Labor, and the functions of the Federal Security Administrator were transferred to the Department of Labor. (c) All employees of the United States and other persons who may claim or be entitled to claim benefits under the said act, and the official superiors of all such persons, shall be bound by the regulations in this subchapter and shall conform to the procedure prescribed in said act and in the regulations under this subchapter. The term "official superior", as used in this subchapter, includes all officers and employees having responsible supervision, direction or control of civil employees, members of the Officer's Reserve Corps and of the Enlisted Reserve Corps of the Army, members of the Naval Reserve, or others employed in the service of the Federal Government or the government of the District of Columbia. For the purposes of the regulations in this subchapter the term "employee" as used in this subchapter shall include all civil officers and employees of all branches of the Government of the United States (including officers and employees of instrumentalities of the United States wholly owned by the United States), employees of the government of the District of Columbia (except members of the Police and Fire Departments of the District of Columbia), members of the Officers' Reserve Corps and of the Enlisted Reserve Corps of the Army, officers and enlisted men of the United States Naval Reserve, and other persons performing service for the United States within the purview of said act and all acts in amendments substitution or extension thereof.

(d) The term "einployee" shall also include persons rendering personal serv

ices of a kind similar to those of civilian officers or employees of the United States to any department, independent establishment, or agency thereof (including instrumentalities of the United States wholly owned by it), without compensation or for nominal compensation, in any case in which acceptance or use of such services is authorized by an act of Congress or in which provision is made by law for payment of the travel or other expenses of such person.

(e) All definitions appearing in said act, as amended, shall be applicable with respect to the regulations promulgated under this subchapter.

[13 F.R. 7668, Dec. 10, 1948, as amended at 14 F.R. 7374, Dec. 9, 1949; 25 FR. 10793, Nov. 15, 1960]

§ 1.2 Notice of injury by employee.

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

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

Every injury which is likely to result in any medical charge against the Compensation Fund or in any disability for work beyond the day, shift, or

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

[14 F.R. 7374, Dec. 9, 1949] § 1.4

Claim for compensation for disability.

see

(a) Compensation for disability under said act will not be paid unless written claim therefor is made by the employee or by someone in his behalf within the time limit prescribed by the said act. If such claim is not submitted within 60 days after the injury, an explanation of the delay must accompany the claim. For any reasonable cause shown the Bureau may allow claims for compensation for disability to be made at any time within 1 year. (For further waiver of limitation provisions § 1.13). Form CA-4 is provided by the Bureau for making the original claim. Such claim may be filed by delivering it at the offices of the Bureau, or to any person designated by the Bureau to receive it. The employee's official superior is so designated to receive claims on behalf of the Bureau, and the injured employee should submit his claim to his official superior for transmission to the Bureau unless special circumstances require different procedure. Any claim or paper purporting to claim compensation submitted by an employee to his official superior shall be transmitted promptly to the Bureau. Whenever an employee, as a result of an injury in the performance of duty, is disabled with loss of pay for more than 3 days or sustains permanent disability which involves the total or partial loss, or loss of use, of a member of the body, or serious disfigurement of the face, head or neck, his official su

perior, when practicable, should furnish to him Form CA-4 for the purpose of claiming compensation, and should advise him of his rights under the said act Form CA-4 should be filed with the Bureau upon termination of disability if the duration of disability should be less than 18 days, or at the expiration of 18 days from the date pay stops, if disability continues beyond that date. If no claim is filed by an injured employee or by someone on his behalf prior to his death, the right to claim compensation for disability ceases and does not survive.

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

(c) Claims for serious disfigurement of the face, head, or neck should be made on Form CA-4, supplemented by Form CA-4B when required. If any compensation has been paid or is payable for any such prior disfigurement the date of such prior injury, the amount of compensation and the source thereof shall be stated in the said CA-4, or as supplemented by Form CA-4B.

(Sec. 18, 39 Stat. 746; 5 U.S.C. 768) [14 F.R. 7374, Dec. 9, 1949]

§ 1.5 Application for augmented compensation for disability.

(a) While the disabled employee has one or more dependents as defined in section 6(a) of the Compensation Act, his basic compensation for disability shall be augmented as provided in said section. The Bureau may require application for such augmented compensation to be made on Form CA-4A in accordance with § 1.4. The Bureau may, however, pending the making of such application on such form, pay compensation under section 6(a) of the act, in lieu thereof, upon other satisfactory proof.

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

tion shall promptly notify the Bureau of the happening of any event which would no longer entitle him to the augmented compensation under the provisions of section 6 (a) (2) (A), (B), (C) and (D) of such act. Any checks or payments received after the occurrence of such event shall be returned promptly to the office from which it was received. [14 F.R. 7375, Dec. 9, 1949]

§ 1.6 Report of termination of disability or return to work.

on Form

work

Whenever an injured employee is able to return to work after a period of disability caused by an injury, his official superior shall immediately report that fact to the Bureau CA-3, which is provided by the Bureau for this purpose, unless such report has been made on Form CA-2, or otherwise. Such report shall show the period of absence from and shall show specifically the part of such period for which the employee has been or will be paid on account of leave or for any other reason, stating the basis of such wage payment. If when disability begins the employee has annual or sick leave to his credit, he may use such leave until it is exhausted, solely at the discretion of such employee. [14 F.R. 7375, Dec. 9, 1949] $ 1.7

Recurrence of disability for work. When an injured employee, after returning to work, is again disabled and stops work as a result of the same injury, the official superior shall report the recurrence of disability promptly to the Bureau, showing clearly when the employee again stopped work and for what part of the new absence he has been or will be paid on account of leave or for any other reason. If the recurrent disability has ended when the report is made, the date and hour of return to duty should be stated; if not, an additional report should be made when the employee returns to work or his disability ceases. If the employee has been examined or attended by a physician in connection with such recurrence of disability, a medical report, as required by § 2.10 of this subchapter should accompany the official superior's report of the recurrence, unless the physician has made his report to the Bureau. [Regulations under the United States Employees' Compensation Act, June 1, 1938]

§ 1.8 Claims for continued compensation for disability.

An employee whose injury results in disability with loss of pay continuing beyond the time covered by the original claim on Form CA-4, may claim compensation for further periods of disability on Form CA-8 which is provided by the Bureau for that purpose. Compensation will not be paid unless such claim for further compensation, properly executed, is received by the Bureau. The certification of the attending physician as to the further disability should be obtained on the form and it should be submitted to the employee's official superior, who shall complete his portion of the certification thereon and forward the claim promptly to the Bureau. Claims on Form CA-8 should be submitted semi-monthly if disability is continuous. However, a Form CA-8 should not be submitted for continuing payments payable under a scheduled loss as provided in section 5 of the act. An employee whose disability is such that medical evidence of continuation thereof is not immediately necessary may be provided by the Bureau with Form CA-96 for use in submitting claim for continued compensation in lieu of Form CA-8. [14 F.R. 7375, Dec. 9, 1949]

§ 1.9 Employees' obligation to return to work or to seek work when able. When total disability to perform work ceases and the employee is able to perform a part of his usual duties, or to perform work of a different nature, he must seek such suitable work as he is able to perform, either in Government or private employment, unless it has already been provided for him, and shall accept such work or offer of work secured for him. An employee who has not been regularly employed during the period covered by his claim, and who is only partially disabled, shall state in his claim what efforts he has made to obtain suitable employment, giving the names and addresses of persons or concerns to whom he has applied for work. If he has not been offered or has not been able to secure work which he is able to do, he shall so state. If a partially disabled employee refuses to seek suitable work or refuses or neglects to work after suitable work is offered to, procured by, or secured for him, he shall not be entitled to any compensation. [14 F.R. 7375, Dec 9, 1949]

§ 1.10

Affidavit or report by employee of employment and earnings.

The Bureau may require a partially disabled employee to file a Form CA-96 or to submit an affidavit or other report as to his earnings either from employment or self-employment. If such individual, when required, fails to submit such form or affidavit or other report or if in such form, affidavit or report the employee knowingly omits or understates any part of such earnings or remuneration he shall forfeit his right to compensation with respect to any period for which such report was required to be made, and any compensation already paid may be recovered by deducting the amount thereof from compensation payable to him or otherwise according to law. Earnings from employment referred to in this section or elsewhere in this part, means gross earnings or wages before any deductions whatsoever have been taken out of such wages, and include the value of subsistence, quarters, or other advantages received in kind as part of the wage or remuneration. [14 F.R. 7375, Dec. 9, 1949]

§ 1.11 Claims for balance of schedule due at death from other causes.

(a) If an employee files a valid claim for a scheduled loss (permanent disability which involves solely the loss or loss of use of a member) in his lifetime and dies from causes other than the injury before the entire amount due for such schedule is paid, claim for such unpaid balance may be made on Form CA-5A pursuant to § 1.13 as follows-by the widow, widower or child in the proportions and upon the conditions and in the order named in subsection 5 (d) (1) of the act. If there is no surviving widow, widower or child then a claim on Form CA-5A may be made pursuant to § 1.13 in the proportions and upon the conditions and in the order as follows to the parent or parents wholly dependent for support upon the decedent. If there is no parent wholly dependent then to a partially dependent parent or parents in equal shares with any partially dependent brother, sister, grandparent or grandchild. If one or more of the brothers, sisters, grandparents or grandchildren are wholly dependent and a parent or parents and other brothers, sisters, grandparent or grandchildren are partially dependent

then 75 per cent will be awarded to such wholly dependent person or persons equally and the balance divided equally among such partially dependent persons. In the event there is no surviving widow, widower, child, or wholly dependent parent, and the foregoing apportionment of such compensation would result in injustice, the Bureau may, in its discretion, make such other apportionment as justice would require.

(b) The right of any surviving beneficiary referred to in paragraph (a) of this section shall be conditioned upon his being alive to receive any payment and any such beneficiary shall not have a vested right to any such payment. Claims for continuance of payments under section 5 (d) (1) of the act shall be made in like manner and governed by § 1.14.

(c) The entitlement of any beneficiary to payments under section 5 (d) (1) (A) to (D) of the act shall cease upon the happening of any event which would terminate such right under section 10 of the act. The termination of such right shall be governed by § 1.15. In the event of any reapportionment made necessary by such termination prompt notification shall be made to the Bureau in accordance with § 1.16.

(d) As to the disposition of any balance not paid under the foregoing paragraphs see § 1.17(b) “Burial Expenses". [14 F.R. 7375, Dec. 9, 1949]

§ 1.12 Report of death.

If an injury to an employee results in death, the official superior shall immediately report that fact to the Bureau by telegraph. If a report of injury has not previously been submitted on Form C.A. 2, such form, together with a copy of the death certificate and a report of death on Form C.A. 3, provided by the Bureau for such purpose, shall be forwarded to the Bureau. If the death does not immediately follow the injury, the report on Form C.A. 3, should also show, on the upper half, the exact period of absence from work prior to the date and hour of death, and the part of such period, if any, during which the employee's wages have accrued, or for which they will be payable to his estate, on account of leave or for any other reason.

[Regulations under the United States Employees' Compensation Act, June 1, 1938]

§ 1.13 Original claims for death benefits.

If the death of an employee results from an injury any person entitled to claim compensation as one of the beneficiaries enumerated in section 10 of the said act (39 Stat. 744; 5 U.S.C. 760) may file a claim for compensation, within the limit of time of 1 year after death prescribed in the said act. Form C. A. 5 is provided by the Bureau for that purpose, and should be executed as provided therein. Such claim may be filed by delivering it at the office of the Bureau, or to any person designated by the Bureau to receive it. The deceased employee's former official superior is so designated to receive such claims on behalf of the Bureau, and the person claiming benefits should submit the claim to such former official superior, unless special circumstances require a different procedure. The official superior should when it is practicable furnish to all persons likely to be entitled to compensation for death of an employee Form C. A. 5 with information as to the use of the form for making claim for compensation and the procedure in respect of filing such form, advising the Bureau of such fact. The furnishing of assistance in preparing such form or in obtaining evidence relating to the claim shall be without charge by the official superior. Any claim or paper purporting to claim compensation on account of death, submitted to the deceased employee's former official superior, shall be transmitted promptly to the Bureau. No compensation shall be paid on account of death if it is not so claimed within 1 year after the death. Failure to give notice of injury or file claim for compensation for disability or death within the time and in the manner described in §§ 1.2, 1.4, and in this section shall not bar the claim of any person thereunder if such claim is filed within 5 years after the injury or death if the Bureau shall find (a) that such failure was due to circumstances beyond the control of the person claiming benefits, or (b) that such person has shown sufficient cause or reason in explanation thereof, and material prejudice to the interest of the

United States has not resulted from such failure.1

(Sec. 18, 39 Stat. 746; 5 U. S. C. 768) [13 F. R. 7669, Dec. 10, 1948]

§ 1.14

Claims for continuance of compensation on account of death.

A beneficiary to whom an award of compensation has been made on account of an employee's death, pursuant to his original claim, shall submit direct to the Bureau additional claims for continuance of compensation to be filed on the first day of January and July of each year while the award continues. Failure to submit such forms may result in suspension of compensation. For this purpose Form C. A. 12 is provided by the Bureau for the use of a widow or widower; Form C. A. 12A is provided for use by widow and guardian of minor children; Form C. A. 13 is provided for the use of a guardian or other person receiving compensation on behalf of minor or incapacitated beneficiaries; Form C. A. 13A is provided for the use of incapacitated beneficiaries, other than widows, widowers, parents or grandparents, who are not minors and have no guardians; and Form C.A. 14 is provided for the use of dependent parents or grandparents.

[13 F.R. 7669, Dec. 10, 1948]

§ 1.15 Termination of the right to compensation for death.

When a beneficiary who is receiving compensation on account of death ceases to be entitled to such compensation by reason of marrying, reaching the age of 18, ceasing to be dependent, or becoming capable of self-support, he or someone in his behalf shall immediately notify the Bureau of the fact. If such beneficiary receives a check which includes payment of compensation for any period after the date when he ceased to be entitled to it, for any of the above reasons, he shall promptly return it to the office from which it was received.

[Regulations under the United States Employees' Compensation Act, June 1, 1938] § 1.16 Change in status of beneficiaries affecting compensation for death. When two or more beneficiaries are receiving compensation on account of the

1 Amended July 28, 1945 (c. 328, 59 Stat. 503; 5 U. S. C. 770).