Subpart A-United States Employees' Compensation Act and Extensions Thereof

SOURCE: The provisions of this Subpart A appear at 11 F.R. 177A-524, Sept. 11, 1946, redesignated at 13 F.R. 7668, Dec. 10, 1948, unless otherwise noted.

§ 01.1 Processing of claims.

(a) Claims for compensation for disability and death are processed by claims examiners in the Claims Division of the Bureau of Employees' Compensation, United States Department of Labor, whose duty is to apply the law to the facts as reported, received, or obtained upon investigation. The act requires determination of a claim, with findings of fact and an award for or against the payment of compensation, upon consideration of the claim presented by the beneficiary, and the report furnished by the immediate superior and the completion of such investigation as the Bureau may deem necessary. Hearings are not provided for by the act, nor is there any required procedure for the production of evidence. Evidence in written form is accepted. The final authority in the Bureau in the determination of a claim is vested in the Director or Acting Director of the Bureau. His final order is subject to review by the Employees' Compensation Appeals Board, United States Department of Labor, on questions of law and fact.

(b) The field employees of the Bureau are employed in accordance with procedures prescribed by the United States Civil Service Commission and the applicable forms are those prescribed by such Commission (see 5 CFR, Chapter I).

[11 F.R. 177A-524, Sept. 11, 1946, as amended at 13 F.R. 7668, Dec. 10, 1948; 25 FR. 10793, Nov. 15, 1960]

§ 01.2 Review of decisions.

Compensation cases are subject to review by the Bureau as specified in the act. No formal application for review is required, but request for review in writing stating the ground for review is necessary to invoke action.

(Sec. 37, 39 Stat. 749, as amended; 5 U.S.C. 787)

and

CA-1 Employee's Notice of Injury and Original Claim for Compensation Medical Treatment. (See also Forms 124.) CA-2 Official Superior's Report of Injury. (See also Forms 124.)

CA-3 Official Superior's Report of Termination of Total or Partial Disability; Report of Death.

CA-4 Employee's (or someone on his behalf) Claim for Compensation on Account of Injury. (See also Forms 124.)

CA-4A Application for Augmented Compensation for Disability.

CA-4B Application for Award for Disigurement.

CA-5 Beneficiary's Claim for Compensation on Account of Death.

CA-5A Application for Balance of Schedule Due when Death is from Causes Other Than the Injury.

CA-8 Employee's Claim for Continuance of Compensation on Account of Disability.

CA-10 Placard for posting (containing instructions to employees on reporting injuries).

CA-11 Pamphlet containing résumé of employee's rights to compensation benefits.

CA-12 Widow or Widower's Claim for Continued Compensation on Account of Death. CA-13 Claim of Guardian of Minor Children for Continued Compensation on Account of Death.

CA-13A Dependents who are Physically Incapable of Self-support Claim for Continued Compensation on Account of Death. CA-14 Dependent Parents or Grandparents Request for Continued Compensation on Account of Death.

CA-16 Official Superior's Authorization and Request (addressed to U. 8. Hospital, U. S. Medical Officer or Designated Physician) that injured employee be provided medical treatment.

CA-17 Official Superior's Authorization and Request (addressed to U. S. Hospital, U. 8. Medical Officer or Designated Physician) that injured employee be provided limited medical treatment where cause of injury is doubtful.

CA-20 Physician's Report of Medical Examination.

CA-32 Employee's Report of Hernia (with physician's certificate).

CA-33 Request (by Bureau) for Medical Examination.

CA-42 Affidavit Relating to Representatives of Deceased Beneficiaries (to be used where no administration of deceased employee's estate contemplated).

CS-124 Combination of Forms CA-1, CA-2 and CA-4 for use in reporting cases arising in the Far East and Southwest Pacific Areas.

ETO-124 Same, for use in reporting cases arising in the European Theater of Operations.

Std. 69 Voucher for Services and Supplies of Hospitals and Physicians.

Std. 1012 Voucher for per diem or reimbursement of expenses incidental to travel.

Std. 1034. Voucher for Purchases and Services other than personal (burial expenses); for use by undertaking establishments. US-205 Physician's Report on Permanent Eye Disabilities.

(Sec. 19, 39 Stat. 746; 5 U. S. C. 769) [14 F. R. 7373, Dec. 9, 1949]

Subpart B-Longshoremen's and Harbor Workers' Compensation Act

SOURCE: The provisions of this Subpart B appear at 11 F.R. 177A-525, Sept. 11, 1946, unless otherwise noted. Redesignated at 13 F.R. 7668, Dec. 10, 1948.

§ 01.11 Processing of claims.

(a) The deputy commissioners adjudicate claims under the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 919), in compensation districts established pursuant to such act. The deputy commissioner performs the quasi-judicial function of deciding the rights of private parties— the employee, or his dependents (as the claimant or claimants), and the employer, or employer and his insurance carrier (as respondent or respondents).

(b) Claims for compensation or for reimbursement of medical expenses (where the employer has failed or neglected to furnish medical care) are processed by the deputy commissioner, with or without the assistance of claims examiners in his office, by the verification of payments, and informal adjudicatory Claims processes, in uncontested cases. not subject to informal adjustment are processed by the deputy commissioner