§ 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 inIclude 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).

death of an employee and any event occurs which may require a reapportionment of the amount of compensation payable to one or more of them, such beneficiaries, or someone on their behalf, shall promptly notify the Bureau, giving the date of the event and all essential facts. Such reapportionment may become necessary when any such beneficiary dies or marries, when a child, grandchild, brother or sister of the decedent becomes 18 years old, or, if over 18, becomes capable of self support, or when a parent or grandparent of the decedent ceases to be dependent, or when a posthumous child of the decedent is born.

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

§ 1.17 Burial expenses.

(a) When the death of an employee results from an injury occurring within the time limitations prescribed in said act, the Bureau may in its discretion pay reasonable burial expenses in an amount not to exceed $400: Provided, That if any part of the burial expenses has been paid by another department of the Government, the amount paid by the Bureau shall not exceed the difference between the amount so paid by the other department and $400. Payment will be made to the duly appointed executor or administrator of the estate on the submission of competent evidence of his appointment as such.

If there is no legal representative of the estate, the Bureau may upon application pay to the undertaker the amount of any burial expenses remaining unpaid, not exceeding the amount payable by the Bureau, or may upon application reimburse the person who has paid such burial expenses and is entitled to such reimbursement.

(b) When the death of an employee results from causes other than the injury and there is an unpaid balance of a schedule award due pursuant to section 5 (a) or 5 (b) of the act, and there is no survivor entitled to the same and no burial allowance is payable under section 11 of the act, then such amount, subject to the limitations of such section 11 and section 5 (d) (1) (E) of the act, shall be paid to reimburse any person or persons equitably entitled thereto to the extent and in proportion that they shall

have paid the expenses of burial of such individual.

[14 F.R. 7375, Dec. 9, 1949]

§ 1.18

Embalming and transportation of bodies of deceased employees.

(a) In the case of an employee whose home is within the United States, if his death resulting from an injury caused by employment occurs away from his home office or outside the United States, and if the relatives desire that the body be embalmed and transported in a hermetically sealed casket to the home of the employee, the Bureau may upon application pay the reasonable and necessary expenses of such embalming and transportation, in addition to the allowance for burial expense.

(b) When the death of an employee results from causes other than the injury and the employee is away from his home or official station for the purpose of receiving medical or other services, appliances, or supplies under section 9 of the act, or examination under section 21 of the act, if so desired by his relatives the body shall, in the discretion of the Bureau, be embalmed and transported in a hermetically sealed casket to the home or last place of residence of the employee at the expense of the Employees' Compensation Fund. If no request is made for the return of the body by decedent's relatives, the Bureau should be notified immediately by telegram, reporting all pertinent details, with request for instructions concerning arrangements for disposition of the remains. [14 F.R. 7376, Dec. 9, 1949]

§ 1.19 Overpayments by mistake.

(a) Whenever by reason of an error of fact or law an overpayment has been made to an individual who is entitled to further payments, proper adjustment shall be made by decreasing subsequent payments of compensation, having due regard to the probable extent of future payments, the rate of compensation, the financial circumstances of the individual, and any other relevant factors, so as to minimize any resulting hardship upon such individual. In the event such individual dies before such adjustment has been completed a similar adjustment shall be made by decreasing subsequent payments, if any, payable under this act with respect to such individual's death.

(b) Where there are no further payments due and an overpayment has been made to an individual by reason of an error of fact or law such individual, as soon as the mistake is discovered or his attention is called to the same, shall refund to the Bureau any amount so paid, or upon failure to make such refund the Bureau may proceed to recover the same. (c) There shall be no adjustment or recovery, under paragraphs (a) or (b), of this section, by the United States in any case where incorrect payment has been made to an individual who is without fault and where adjustment or recovery would defeat the purpose of this act or would be against equity and good conscience.

[14 F.R. 7376, Dec. 9, 1949]

§ 1.20

Injuries to members of the Officers' Reserve Corps, Enlisted Reserve Corps, and Naval Reserve.

(a) If in time of peace any member of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army, or any member of the Naval Reserve, as included in the Naval Reserve Act of 1938, approved June 25, 1938 (52 Stat. 1175, 1181; 34 U. S. C. 885c), is physically injured in the line of duty or dies as the result of such physical injury, he or his beneficiaries shall be entitled to all of the benefits prescribed by law for civil employees of the United States who are physically injured in the line of duty or who die as the result thereof. The Bureau has jurisdiction in such cases and performs the same duties with reference thereto as in the cases of civil employees of the United States so injured or disabled. For the purpose of this section all members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army shall be considered as entitled to compensation benefits if injured in the line of duty (1) while on active duty, or (2) when engaged in authorized travel to and from such duty, or (3) when engaged in authorized training without pay: Provided, That authorized training without pay is defined as inactive-status training under written authorization by competent military authority covering a specific training assignment and prescribing a time limit. Also, for the purpose of this section all members of the Naval Reserve shall be considered to be entitled to compensation benefits for injury in the line of duty while performing active military or naval service, if in

jured (1) while having performed active duty, with or without pay, or (2) while having performed training duty, with or without pay, or (3) while having performed drills, equivalent instruction or duty, appropriate duty, or other prescribed duty, or (4) while having performed authorized travel to or from such duties.

(b) In the cases of members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army, the benefits shall accrue to any such member, or to his beneficiaries, whether the disability or death is the result of sickness or disease contracted in line of duty while on active duty, when such sickness or disease is proximately caused by the service on active duty. In no case, however, of a member of the Naval Reserve coming within the purview of this section shall sickness or disease be regarded as an injury.

(c) For the purpose of determining the benefits to which a claimant may be entitled under the provisions of this section, members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army physically injured when engaged in authorized training without pay, and Naval Reservists physically injured while performing duties stated in paragraph (a) of this section and in a non-pay status, will be held and considered as receiving the pay and allowances which they would have received had they been in a pay status.

(d) A member of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army may not receive the benefits under the United States Employees' Compensation Act concurrently with active duty pay or pension based upon military service, and in the event a person becomes eligible to receive the benefits under the United States Employees' Compensation Act of September 7, 1916 (39 Stat. 742; 50 U. S. C. 751-793), as amended, and is also eligible for, or in receipt of, a pension based upon military service, he shall elect which benefit to receive. Reserve Officers entitled to the benefits of the last proviso of section 5 of the act of April 3, 1939 (53 Stat. 557; 10 U. S. C. 369a), are not entitled to the benefits coming within the purview of this section. Any member of the Naval Reserve eligible to receive the benefits coming within the purview of this section who may also be eligible to receive a pension under the provisions of the Act of June

23, 1937 (50 Stat. 305), entitled "An Act to amend the provisions of the pension laws for peace-time service to include Reserve officers and members of the Enlisted Reserves," shall elect which benefit he shall receive.

(e) All provisions of this subchapter and of the United States Employees' Compensation Act of September 7, 1916, as amended, except such as may be in conflict with the provisions of this section or with section 304 of the Naval Reserve Act of 1938, approved June 25, 1938 (52 Stat. 1181; 34 U. S. C. 855c), shall be applicable with respect to cases of members of the Naval Reserve. [4 F.R. 3605, Aug. 15, 1939]

CROSS REFERENCE: For Naval Reserve personnel regulations, see 32 CFR Part 713.

§ 1.21

Confidential nature of records and papers relating to injury or death of employees.

(a) All records, medical and other reports, statements of witnesses and other papers relating to the disability or death of a civil employee of the United States or other person entitled to compensation benefits from the United States under said act and all amendments or extensions thereof, are the official records of the Bureau and are not records of the agency, establishment or department making or having the care or use of such records. Such records and papers pertaining to any such injury or death are confidential and no official or employee of a Government establishment who has investigated or secured statements from witnesses and others pertaining to a claim for compensation, or any person having the care or use of such reports, shall disclose information from or pertaining to such records to any person, except upon the written approval of the Bureau.

(b) Any person having any such record shall assume no control over same, nor shall such person be vested with any discretion relative to the production of same in court, as such discretion shall remain in the Bureau to whose business such records appertain. Any such person is prohibited from presenting such records or information in court, whether in answer to a subpoena duces tecum or otherwise. When a subpoena shall have been served upon such person, he shall appear in court and respectfully decline to present such records or to divulge the information called for, basing his re

fusal upon this regulation and upon the fact that such person is not the custodian of such records.

(c) Information with respect to an injury or death which may be necessary for the official purpose of any department, agency or other establishment of the United States may be disclosed upon the responsibility of the official superior to see that such information will be used exclusively for such official purpose. [Regulations under the United States Employees' Compensation Act, June 1, 1938]

§ 1.22

Inspection of records of Bureau. An employee or his beneficiary in case of death, or the agent of such employee or beneficiary, may, at the discretion of the Bureau, be permitted to examine the records of the case in which he is an interested party. In any request for such permission the Bureau shall be the judge of the reasonableness thereof, and may, in its discretion permit inspection of such record or part thereof which, in its opinion, will not result in damage or harm to the beneficiary or to any person, or which will not be inimical to the interests of the Bureau or of the United States. [4 F.R. 1613, Apr. 14, 1939]

§ 1.23

Waiver not authorized.

No official superior is authorized to require an employee to enter into any agreement, either before or after an injury, to waive his right to claim compensation.

[Regulations under the United States Employees' Compensation Act, June 1, 1938. Redesignated at 14 FR. 7375, Dec. 9, 1949] § 1.24 Representation of claimants and approval of claims for legal and other services.

(a) A claimant may be represented before the Bureau in any proceeding under the act by any duly authorized person. (A former member of the Employees' Compensation Appeals Board or a former Director of the Bureau shall not be considered a duly authorized person within the meaning of this section for a period of two years following termination of his services as a Board member or as Directors. The Bureau shall require satisfactory proof of the representative's authorization.

(b) No claim for legal services or for other services rendered in respect of a case, claim, or award for compensation, to or on account of any person shall be valid unless approved by the Bureau.