able securities as required by the Bureau under the regulations in this subchapter will be reauthorized for the ensuing fiscal year without additional security if the Bureau finds that his experience as a self-insurer warrants such action. A self-insurer who currently has on file an indemnity bond, will receive from the Bureau on or about May 10 of each year a bond form for execution in contemplation of reauthorization, and the submission of such bond duly executed in the amount indicated by the Bureau will be deemed and treated as such self-insurer's application for reauthorization for the ensuing fiscal year; the privilege of such self-insurer will, however, terminate with the termination of his current authorization unless such duly executed indemnity bond be submitted not later than June 30. compensation district in which he has operations a certificate that such employer has secured the payment of such compensation. Only one such certificate will be issued to an employer in a compensation district, and it will be valid only during the period for which such employer has secured such payment. An employer so desiring may have photostatic copies of such a certificate made for use in different places within the compensation district. A certificate of compliance will be issued by the deputy commissioner to any employer having operations in his district (a) upon receipt by the deputy commissioner and acceptance by him of a card report of the issuance of a policy to the employer concerned, as provided by § 32.16 of this subchapter, by an authorized insurance carrier which has filed an agreement to be bound by such card report in conformity with § 32.18 of this subchapter, or (b) upon presentation to the deputy commissioner by the employer concerned (and not by an insurance carrier, insurance agent, or broker) of the policy of insurance, and endorsement thereon, issued to the employer in conformity with Part 32 of this subchapter, by an authorized insurance carrier which has not filed the agreement provided for by § 32.18 of this subchapter, or (c) upon receipt by the deputy commissioner of advice from the Bureau that the employer concerned has been duly authorized by the Bureau as a self-insurer under Part 33 of this subchapter. Three forms of such certificates have been provided by the Bureau, one form for use where the employer has obtained insurance generally under these regulations in this subchapter, one for use where the employer has been authorized as a self-insurer, and one for use in cases where a policy has been issued limited to a particular specified vessel or vessels in respect of which employment within the purview of said act is carried on by the insured. Such last named certificate shall be accepted as evidence of compliance with said act in any district in which the vessel or vessels named therein may touch in the course of their voyages; but such certificate shall in no case be accepted in lieu of a certificate of compliance on the part of any employer other than the owners and operators of the vessel or vessels named therein. § 34.2 Same; employer operating temporarily in another compensation district. A deputy commissioner receiving a card report of the issue of a policy of insurance with the notation authorized by § 32.19 of this subchapter, will file such card report until he receives from the insured employer named therein a request for a certificate of compliance, giving the address of the employer within the compensation district of such deputy commissioner. Upon receipt of such a request the deputy commissioner will send the proper certificate of compliance to such employer at such address. § 34.3 Return of certificates of compliance. Upon the termination by expiration, cancelation or otherwise, of a policy of insurance issued under the provisions of said act and the regulations in this subchapter, or the revocation or termination of the privilege of self-insurance granted by the Bureau, all certificates of compliance issued on the basis of such insurance or self-insurance shall be void and shall be returned by the employer to the deputy commissioner issuing them with a statement of the reason for such return. An employer holding a certificate of compliance under an insurance policy which has expired, pending renewal of such insurance need not return such certificate of compliance if such expired insurance is promptly replaced. An employer who has secured renewal of insurance upon the expiration of a policy under said act or whose self-insurance thereunder is reauthorized without a break in the continuity thereof need not return an expired certificate of compliance. 41.24 41.25 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 ute. Report by employer of injury or death. Notification of employer; action Withdrawal of claim for compensation, Prehearing conferences. Preparation of record of hearing be- Form of compensation orders; service Contents of findings of fact. 41.13 Supplementary compensation orders. 41.14 Interlocutory matters to be disposed of without formal orders. 41.15 Application for review of a compensation case for modification of award; procedure. 41.16 Commutation of payments. 41.17 Same; aliens not residents or about to become non-residents. 41.18 Compensation from special fund in cases of permanent disability. 41.19 Maintenance for employees undergoing vocational rehabilitation. Representatives of parties in interest and fees for services. Availability of records for inspection. Employer's record of injury or death. Transfer of cases. Assessment of civil penalties. Agreed settlements. (a) Every person subject to, claiming benefits under, or acting under, the provisions of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424, as amended; 33 US.C. 901 et seq.) as made applicable to the District of Columbia by the act of Congress approved May 17, 1928 (45 Stat. 600; 36 D.C. Code 501, 502), shall conform to the procedure prescribed therein and in the regulations under this subchapter. Except where otherwise indicated, the references in this subchapter to sections of the act will be to sections of the Longshoremen's and Harbor Workers' Compensation Act. The term "Bureau" as used in this subchapter means the Bureau of Employees' Compensation, United States Department of Labor. The said Bureau is the agency which was transferred from the Federal Security Agency to the United States Department of Labor by Reorganization Plan No. 19 of 1950 (3 CFR, 1949–1953 Comp., p. 1010; 64 Stat. 1271) effective May 24, 1950, the said Bureau having been established in the Federal Security Agency to perform the functions theretofore performed by the United States Employees' Compensation Commission, the latter having been abolished and its functions transferred to the Federal Security Agency by Reorganization Plan No. 2 of 1946 (3 CFR, 1943-1948 Comp., p. 1064; 60 Stat. 1095), effective July 16, 1946. The other definitions appearing in section 2 of the Longshoremen's Act, except the definitions of "employer" and "employee," shall be applicable with respect to the regulations promulgated under this subchapter. The responsibility for the administration of the said act is committed therein to the Bureau, which administers the act through a deputy commissioner appointed by it for the District of Columbia. Except in cases in which the said act otherwise requires, action upon claims shall be taken by the said deputy commissioner in conformity with law and the regulations in this subchapter. In the absence of controlling court decisions, the said deputy commissioner shall conform with the interpretation of the said act by the Bureau by regulation or otherwise, and such interpretation shall be binding upon him until held invalid by controlling judicial authority. (b) The said act applies in respect to the injury or death of an employee of an employer carrying on any employment in the District of Columbia, irrespective of the place where the injury or death occurs. The term "employer" means every person carrying on any employment in the District of Columbia, and the term "employee" means every employee of any such person. (c) The said act does not apply in respect to the injury or death of (1) a master or member of a crew of any vessel; (2) an employee of a common carrier by railroad when engaged in interstate or foreign commerce or commerce solely within the District of Columbia; (3) an employee subject to the provisions of the act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, as amended; (4) an employee engaged in agriculture, domestic service, or any employment that is casual and not in the usual course of the trade, business, occupation, or profession of the employer; and (5) any secretary, stenographer, or other person performing any services in the office of any Member of Congress or under the direction, employment, or at the request of any Member of Congress, within the scope of the duties performed by secretaries, stenographers, or such employees of Members of Congress. (1950 Reorg. Plan No. 19. § 1, 3 CFR. 19491953 Comp., p. 1010; 64 Stat. 1271) [4 FR. 1699, Apr. 27, 1939, as amended at 25 F.R. 10794, Nov. 15, 1960] § 41.2 Report by employer of injury or death. Within 10 days from the date of any injury or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, or from the date the employer has knowledge of the injury or of any disease proximately caused by the employment or of death of an employee within the purview of said act, the employer shall send to the deputy commissioner, upon a form prescribed for that purpose by the Bureau, a report of such injury or disease, giving the particulars thereof. Where the injury or disease results in death, the employer, immediately upon learning of the death, shall furnish, on a form prescribed by the Bureau for that purpose, a supplemental report of the death. The employer shall, at the times and in the manner required, submit such additional reports in respect of the injury or death of his employee as the deputy commissioner may request. § 41.3 Notice of injury or death. Within 30 days after the date of injury or death, notice thereof shall be given by the person claiming compensation or by some one on his behalf to the deputy commissioner, and for such purpose a form has been adopted by the Bureau which shall be furnished upon application therefor made to the deputy commissioner. § 41.4 Claims for compensation. A claim for compensation may be filed with the deputy commissioner at any time after the first seven days of disability following any injury, or at any time after death. The right to compensation for disability shall be barred unless a claim therefor is filed within 1 year after the injury, and the right to compensation for death shall be barred unless a claim therefor is filed within one year after the death, except that if payment of compensation has been made without an award on account of such injury or death, a claim may be filed within 1 year after the date of the last payment, and except that where the said act provides for the running of the said year limitation from any other date, the provisions of said act shall apply. For the purpose of filing such claims the Bureau has provided separate forms for use in injury and death cases which shall be furnished to any person desiring to file such a claim, upon application therefor made to such deputy commissioner. (Sec. 19(a), 44 Stat. 1435; 33 U.S.C. 919(a)) § 41.5 Notification of employer; action thereafter by employer. Within 10 days after the filing of a claim for compensation for injury or death under said act the deputy commissioner shall give written notice to the employer or insurance carrier, served personally or by registered mail, that such claim has been filed and shall call upon such employer or carrier to provide for the payment of compensation in accordance with the provisions of section 14 of said act, as well as to furnish other benefits provided for by said act, or, if the claim will be controverted, to give notice to that effect as provided by section 14(d) of said act (44 Stat. 1433; 33 U.S.C. 914(d)) upon the form provided for that purpose by the Bureau, and to file answer to the claim upon the form provided by the Bureau for that purpose, such answer, properly executed, to be filed with the deputy commissioner within 10 days from the date the employer or carrier receives such notice. The answer shall be made in duplicate, the original to be filed with the deputy commissioner and the duplicate to be served upon the claimant either personally or by mailing it to the address given in the claim. (Sec. 19 (b), 44 Stat. 1435; 33 U. S. C. 919 (b)) § 41.6 Withdrawal of claim for compensation. Any claimant not desiring to proceed with a claim filed in case of injury or death pursuant to said act and the regulations in this subchapter, may apply for withdrawal of the claim to the deputy commissioner, stating the reason for such withdrawal. The deputy commissioner, whose jurisdiction has been invoked by the filing of such claim, shall in consideration of such application determine whether such withdrawal is for a proper purpose and for the claimant's best interest prior to authorizing such withdrawal. Any claim so withdrawn is withdrawn without prejudice to the filing of another claim subject to the provisions relating to the limitation of time in section 13 of said act. (Sec. 32, 44 Stat. 1439; 33 U. S. C. 932) § 41.7 Prehearing conferences. (a) In order to expedite and simplify formal administrative proceedings, in all cases in which there are issues of fact or law, and, whenever practicable, no formal hearings will be set until after prehearing conferences. Such conferences may be held by the deputy commissioner, assistant deputy commissioner, a claims examiner or other person designated for such purpose by the deputy commissioner or the assistant deputy commissioner. (b) The purposes of such prehearing conferences are (1) amicably to dispose of controversies wherever possible; (2) to narrow issues; and (3) to simplify the subsequent methods of proof. (c) Prehearing conferences may be set upon 10 days' notice to the parties in interest (or a longer period if the circumstances require, or shorter period if agreed upon by the parties). They shall be kept characteristically informal, and shall not be stenographically reported. It shall be the duty of the deputy commissioner, assistant deputy commissioner, claim examiner or other person in charge of the conference to guide the discussion toward the achievement of the purposes of such conference, giving the parties the benefit of his specialized knowledge and experience. (d) At the termination of such conferences the person in charge thereof shall prepare stipulations, for the signatures of the parties, covering agreements as to all or part of the facts, admissions, narrowing of issues, or simplification of methods of proof. Such stipulations of the act will be to sections of the Longshoremen's and Harbor Workers' Compensation Act. The term "Bureau" as used in this subchapter means the Bureau of Employees' Compensation, United States Department of Labor. The said Bureau is the agency which was transferred from the Federal Security Agency to the United States Department of Labor by Reorganization Plan No. 19 of 1950 (3 CFR, 1949-1953 Comp., p. 1010; 64 Stat. 1271) effective May 24, 1950, the said Bureau having been established in the Federal Security Agency to perform the functions theretofore performed by the United States Employees' Compensation Commission, the latter having been abolished and its functions transferred to the Federal Security Agency by Reorganization Plan No. 2 of 1946 (3 CFR, 1943-1948 Comp., p. 1064; 60 Stat. 1095), effective July 16, 1946. The other definitions appearing in section 2 of the Longshoremen's Act, except the definitions of "employer" and "employee," shall be applicable with respect to the regulations promulgated under this subchapter. The responsibility for the administration of the said act is committed therein to the Bureau, which administers the act through a deputy commissioner appointed by it for the District of Columbia. Except in cases in which the said act otherwise requires, action upon claims shall be taken by the said deputy commissioner in conformity with law and the regulations in this subchapter. In the absence of controlling court decisions, the said deputy commissioner shall conform with the interpretation of the said act by the Bureau by regulation or otherwise, and such interpretation shall be binding upon him until held invalid by controlling judicial authority. (b) The said act applies in respect to the injury or death of an employee of an employer carrying on any employment in the District of Columbia, irrespective of the place where the injury or death occurs. The term "employer" means every person carrying on any employment in the District of Columbia, and the term "employee" means every employee of any such person. (c) The said act does not apply in respect to the injury or death of (1) a master or member of a crew of any vessel; (2) an employee of a common carrier by railroad when engaged in interstate or foreign commerce or commerce solely within the District of Columbia; (3) an employee subject to the provisions of the act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, as amended; (4) an employee engaged in agriculture, domestic service, or any employment that is casual and not in the usual course of the trade, business, occupation, or profession of the employer; and (5) any secretary, stenographer, or other person performing any services in the office of any Member of Congress or under the direction, employment, or at the request of any Member of Congress, within the scope of the duties performed by secretaries, stenographers, or such employees of Members of Congress. (1950 Reorg. Plan No. 19. § 1, 3 CFR. 19491953 Comp., p. 1010; 64 Stat. 1271) [4 F.R. 1699. Apr. 27, 1939, as amended at 25 F.R. 10794, Nov. 15, 1960] § 41.2 Report by employer of injury or death. Within 10 days from the date of any injury or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, or from the date the employer has knowledge of the injury or of any disease proximately caused by the employment or of death of an employee within the purview of said act, the employer shall send to the deputy commissioner, upon a form prescribed for that purpose by the Bureau, a report of such injury or disease, giving the particulars thereof. Where the injury or disease results in death, the employer, immediately upon learning of the death, shall furnish, on a form prescribed by the Bureau for that purpose, a supplemental report of the death. The employer shall, at the times and in the manner required, submit such additional reports in respect of the injury or death of his employee as the deputy commissioner may request. § 41.3 Notice of injury or death. Within 30 days after the date of injury or death, notice thereof shall be given by the person claiming compensation or by some one on his behalf to the deputy commissioner, and for such purpose a form has been adopted by the Bureau which shall be furnished upon application therefor made to the deputy commissioner. |