or The procedure in respect to the benefit provisions, in so far as administration of the act of December 2, 1942 (56 Stat. 1028, as amended; 42 U.S.C. 1701 et seq.) is concerned, is stated by regulations in detail in Subchapter F, of this chapter. Under such regulations claims may be filed directly with the Bureau or with a deputy commissioner other designated officer and may be processed completely by the Bureau or completely or partially by the authorized field officers. In practice most claims are processed directly by the Bureau through its Claims Division, with supplementary actions by other divisions of the Bureau as a particular case may require, including final audit by the Audit and Accounting Division. The final authority in the Bureau in the approval of claims is the Director or Acting Director thereof. Hearings are not authorized by the applicable statute, and the adjudication of cases is upon written evidence as in other cases under the Employees' Compensation Act of September 7, 1916. (For further statement of procedures see § 01.1.) § 01.42 Forms. Forms used in connection with the benefit provisions of the act of December 2, 1942, are as follows: CAEA-5 Dependent's Claim for Disbursement of Detention Benefits. CAEA-12 Wife or Husband's Claim for Continued Disbursement of Detention Benefits. CAEA-13 Claim of Guardian of Minor for Continued Disbursement of Detention Benefits. CAEA-14 Dependent Parent's Claim for Continued Disbursement of Detention Benefits. CA-12 Same as under United States Employees' Compensation Act. CA-13 Same as under United States Employees' Compensation Act. CA-13A Same as under United States Employees' Compensation Act. CA-14 Same as under United States Employees' Compensation Act. CA-16 Same as under United States Employees' Compensation Act. CA-17 Same as under United States Employees' Compensation Act. CA-20 Same as under United States Employees' Compensation Act. CA-32 Same as under United States Employees' Compensation Act. CA-42 Same as under United States Employees' Compensation Act. CA-43 Same as under United States Employees' Compensation Act. CA-96 Same as under United States Employees' Compensation Act. Std. 69 Same as under United States Employees' Compensation Act. Std. 1012 Same as under United States Employees' Compensation Act. Std. 1034 Same as under United States Employees' Compensation Act. US-205 Same as under United States Employees' Compensation Act. US-203 Employee's Notice of Injury and Original Claim for Compensation and Medical Treatinent. US-202 Employer's First Report to Bureau of Detention, Accident or Occupational Ill ness. US-261 Employer's Supplemental Report in Death Case. US-262 Claim of Widow or Children for Compensation for Death. US-263 Dependent's (other than widow or children) Claim for Compensation for Death. Subpart F-Reimbursable Insurance Claims SOURCE: The provisions of this Subpart F appear at 11 F.R. 177A-527, Sept. 11, 1946, unless otherwise noted. Redesignated at 13 F.R. 7668, Dec. 10, 1948. § 01.51 General procedures. Reimbursement of employers, insurance carriers, and compensation funds, for losses resulting from hazards of the war, is provided for in such act of December 2, 1942 (42 U.S.C. 1704). The procedure in respect to reimbursement and the prerequisites of claims are set forth in detail by regulations in Subchapter F of this chapter. Under such regulations claims may be filed directly with the Bureau. They are examined by the Audit and Accounting Division of the Bureau after verification by the Employees' Compensation Division of the Solicitor's Office, United States Department of Labor. Hearings upon such claims are not authorized by applicable statute. The final authority in the Bu US-215A Notice to employer and insurance carrier that answer to claim for compensation should be made. US-216 Request for additional reports. US-221 Application for lump sum award (disability or death). US-226 Subpoena. US-226A Subpoena Duces Tecum. US-260 Notice to Deputy Commissioner of Death (by dependents or on their behalf). US-261 Supplemental report of employer in death case. US-262 Claim for compensation in death case by widow and/or children under the age of eighteen. US-263 Claim for compensation in death cases by dependents other than widow and children of deceased (each dependent or representative must file individual claim). US-264 Proof of death (by Physician last in attendance on Deceased). US-265 Proof of Burial and Funeral expenses by Undertaker. LSI-2 Application for Self-Insurance. LSI-3 Decision granting authority to Act as Self-insurer. LSI-4 Agreement and Undertaking of employer granted the privilege of paying compensation as self-insurer. LSI-5c Indemnity Bond given by Selfinsurer. LSI-8 Pay-roll report. LSI-9 Report of compensation payments. LSI-10 Report of employer's injury experience. LSI-11 Certificate of Authority. US-239 Certificate that employer has secured payment of compensation (by obtaining insurance policy). US-240 Certificate that employer has secured payment of compensation (by selfinsurance). US-241 Notice (compliance with Act by insuring with). US-242 Notice (compliance with Act by self-insurance). (Interpret or apply 72 Stat. 397; 5 U.S.C. 150k-1) to as "workmen's compensation". This branch of the law has its own particularized principles which have general applicability to workmen's compensation statutes (State and Federal), as such statutes have certain common or underlying similarity in respect to the meaning of terms and phrases, and in respect to scope, jurisdiction, and general basic concepts of employers liability. (b) In the administration of the several workmen's compensation laws within its jurisdiction, the Bureau has one general policy, which is to follow and to adhere to the principles of workmen's compensation law as stated in the opinions of the Supreme Court, the Federal Circuit Courts of Appeal, and the District Courts of the United States, as they may appropriately be applied in like situations arising under the laws administered by the Bureau. In addition, decisions and opinions of the judicial tribunals of the several States and Territories furnish principles of law of general applicability in the specialized field of workmen's compensation, which form part of the foundation of general principles relied upon in the application and interpretation of the several acts administered by the Bureau. The Bureau applies the statute, applicable in respect to a particular case or situation, to the extent that the statute can readily be applied without extrinsic aid, but where such aid is necessary, the source thereof is the body of principles embodied in authoritative decisions of the courts within such wellrecognized branch of the law. (c) Certain statutes administered by the Bureau (relating to military or quasi military establishments) contain as the fundamental prerequisite to compensation that injury or death shall have occurred in the "line of duty"-a phrase not having a counterpart in workmen's compensation statutes. The policy of the Bureau in respect to such phrase is to follow the principles and interpretations in respect thereto as may be applied by the particular service in which the disabled or deceased individual served. (d) To the extent that any rule of substantive nature may appear in the published regulations of the Bureau, such regulations are made part of this section. (Sec. 32, 39 Stat. 749 as amended; 5 U.S.C. 783) [13 F.R. 7668, Dec. 10, 1948] The same forms prescribed for use in connection with the administration of the Longshoremen's Act are used in the administration of the Outer Continental Shelf Lands Act, except that they are modified by a stamped or typed legend to indicate that they relate to the Outer Continental Shelf Lands Act. (Interpret or apply sec. 2, 67 Stat. 462; 43 U.S.C. 1331) Subpart I-Compensation for Civilian Employees of Nonappropriated Fund Instrumentalities SOURCE: The provisions of this Subpart I appear at 23 F.R. 8958, Nov. 18, 1958, unless otherwise noted. § 01.81 Processing of claims. The processing of claims of employees and dependents for compensation benefits payable according to the Longshoremen's and Harbor Workers' Compensation Act, as amended (44 Stat. 1424, 33 U.S.C. 901 et seq.) as extended by the act of July 18, 1958 (72 Stat. 397; 5 U.S.C. 150k-1), to civilian employees of nonappropriated fund instrumentalities of the Armed Forces, is governed by § 01.11. (Interpret or apply 72 Stat. 397; 5 U.S.C. 150k-1) § 01.82 Review of decisions. Except as herein modified, review of compensation cases arising under the Longshoremen's and Harbor Workers' Compensation Act as extended by the act of July 18, 1958 (72 Stat. 397; 5 U.S.C. 150k-1) to civilian employees of nonappropriated fund instrumentalities of the Armed Forces, is governed by § 01.12. Proceedings for judicial review (or for enforcement of payment of compensation in case of default as authorized under section 18 of the Longshoremen's Act), of a decision in a compensation case arising under the Longshoremen's Act, as thus extended, are required to be instituted with respect to any injury or death occurring outside the continental limits of the United States, in the District Court of the United States within the territorial jurisdiction of which is located the office of the deputy commissioner having juris diction in respect of such injury or death (or in the United States District Court for the District of Columbia if such office is located in such district). In all other cases the provisions of section 21 (b) (33 U. S. C. 921 (b)) of the Longshoremen's Act apply and they require judicial proceedings to be instituted in the United States District Court for the judicial district in which the injury occurred (or the United States District Court for the District of Columbia, if the injury occurred in the District of Columbia). (Interpret or apply 72 Stat. 397; 5 U.S.C. 150k-1) US-215A Notice to employer and insurance carrier that answer to claim for compensation should be made. US-216 Request for additional reports. US-221 Application for lump sum award (disability or death). US-226 Subpoena. US-226A Subpoena Duces Tecum. US-260 Notice to Deputy Commissioner of Death (by dependents or on their behalf). US-261 Supplemental report of employer in death case. US-262 Claim for compensation in death case by widow and/or children under the age of eighteen. US-263 Claim for compensation in death cases by dependents other than widow and children of deceased (each dependent or representative must file individual claim). US-264 Proof of death (by Physician last in attendance on Deceased). US-265 Proof of Burial and Funeral expenses by Undertaker. LSI-2 Application for Self-Insurance. LSI-3 Decision granting authority to Act LSI-8 Pay-roll report. LSI-9 Report of compensation payments. LSI-10 Report of employer's injury experience. LSI-11 Certificate of Authority. US-239 Certificate that employer has secured payment of compensation (by obtaining insurance policy). US-240 Certificate that employer has secured payment of compensation (by selfinsurance). US-241 Notice (compliance with Act by insuring with). US-242 Notice (compliance with Act by self-insurance). (Interpret or apply 72 Stat. 397; 5 U.S.C. 150k-1) to as "workmen's compensation". This branch of the law has its own particularized principles which have general applicability to workmen's compensation statutes (State and Federal), as such statutes have certain common or underlying similarity in respect to the meaning of terms and phrases, and in respect to scope, jurisdiction, and general basic concepts of employers liability. (b) In the administration of the several workmen's compensation laws within its jurisdiction, the Bureau has one general policy, which is to follow and to adhere to the principles of workmen's compensation law as stated in the opinions of the Supreme Court, the Federal Circuit Courts of Appeal, and the District Courts of the United States, as they may appropriately be applied in like situations arising under the laws administered by the Bureau. In addition, decisions and opinions of the judicial tribunals of the several States and Territories furnish principles of law of general applicability in the specialized field of workmen's compensation, which form part of the foundation of general principles relied upon in the application and interpretation of the several acts administered by the Bureau. The Bureau applies the statute, applicable in respect to a particular case or situation, to the extent that the statute can readily be applied without extrinsic aid, but where such aid is necessary, the source thereof is the body of principles embodied in authoritative decisions of the courts within such wellrecognized branch of the law. (c) Certain statutes administered by the Bureau (relating to military or quasi military establishments) contain as the fundamental prerequisite to compensation that injury or death shall have occurred in the "line of duty"-a phrase not having a counterpart in workmen's compensation statutes. The policy of the Bureau in respect to such phrase is to follow the principles and interpretations in respect thereto as may be applied by the particular service in which the disabled or deceased individual served. (d) To the extent that any rule of substantive nature may appear in the published regulations of the Bureau, such regulations are made part of this section. (Sec. 32, 39 Stat. 749 as amended; 5 U.S.C. 783) [13 F.R. 7668, Dec. 10, 1948] SUBCHAPTER B-UNITED STATES EMPLOYEES' COMPENSATION ACT 751-793), as amended, was vested by said act in the United States Employees' Compensation Commission, but effective July 16, 1946, such Commission was abolished and its functions transferred to the Federal Security Agency by section 3 of Reorganization Plan No. 2 (3 CFR, 1943-1948 Comp., p. 1064). Effective July 16, 1946, the Federal Security Administrator established the Bureau of Employees' Compensation under the supervision of a Director and delegated to him all the duties, powers, and functions of the former United States Employees' Compensation Commission, with certain exceptions dealing with budgetary and legislative matters. By section 1 of Reorganization Plan No. 19 (3 CFR, 1949-1953 Comp., p. 1010; 64 Stat. 1271), the Bureau together with its compensation functions, was transferred to the Department of Labor under the direction and supervision of the Secretary of Labor or his designees in the Department, and the functions of the Federal Security Administrator and the Federal Security Agency with respect to the Bureau were transferred to the Secretary of Labor. The Bureau of Employees' Compensation is authorized under the compensation act to decide all questions arising under the act. The Bureau is authorized under such act, upon consideration of a claim presented by a beneficiary and official reports pertaining to injury or death sustained by a civil employee of the United States while in the performance of duty and upon completion of such investigation as it may deem necessary, to determine the facts and make an award for or against payment of the compensation provided for in said act. The Bureau has power, under the provisions of the said act to issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the Bureau. (b) Reorganization Plan No. 2 required the Federal Security Administra 1 Agency Order 58 dated July 16, 1946, 11 F.R. 7943, July 23, 1946. |