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1974/09/08 HR13871 Federal Employees Compensation Act Amendments (2)
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The original documents are located in Box 7, folder "9/8/74 HR13871 Federal Employees
Compensation Act Amendments (2)" of the White House Records Office: Legislation Case
Files at the Gerald R. Ford Presidential Library.
Copyright Notice
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photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
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domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 7 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
RECORDS AND ARCHIVES ADMINISTRATION
Gerald R. Ford Library
NATIONAL 1985
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This file folder is from the following collection:
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A Presidential Library Administered by the National Archives and Records Administration
Union Calendar No. 473
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1025
FEDERAL EMPLOYEES COMPENSATION AMENDMENTS
MAY 2, 1974.-Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. PERKINS, from the Committee on Education and Labor,
submitted the following
REPORT
together with
DISSENTING VIEWS
[To accompany H.R. 13871]
The Committee on Education and Labor, to whom was referred the
bill (H.R. 13871) to amend chapter 81 of subpart G of title 5, United
States Code, relating to compensation for work injuries, and for other
purposes, having considered the same, report favorably thereon with-
out amendment and recommend that the bill do pass.
INTRODUCTION AND PURPOSE OF LEGISLATION
Since the 1966 Amendments to the Federal Employees Compensa-
tion Act, a number of social and economic developments have made it
necessary to further review the adequacy of compensation benefits
for injured Federal workers, and the efficacy of the delivery system
for the payment of those benefits. The conclusions drawn from that
review, combined with the recommendations of the National Commis-
sion on State Workmen's Compensation Laws, led the Committee to
recognize that new amendments were required to modernize and up-
grade the present system of compensating injured Federal workers.
H.R. 13871 represents an effort to conform chapter 81 of subpart G
of title 5, United States Code (hereafter in this report referred to as
the "Act") to the latest thinking in the area of workmen's compensa-
tion programs.
It is the purpose of this legislation to begin a program updating the
Act SO that it might clearly reflect the most equitable methods for the
compensation of Federal employees injured while in the performance
of their duties. The bill would, among other things, extend the time for'o
99-006
LIBRARY
2
3
filing for disability compensation from one to three years, thus re-
the course of the related hearings on H.R. 9118 it was suggested that
vising an often unfair statute of limitations; it would provide for
certain economic hardships and effects might arise where an employee
equal treatment of surviving widows and widowers, eliminating the
is without any income for the period associated with the administrative
artificial differences in entitlement between husband and wife; it
handling and processing of his claim for workmen's compensation
would grant Federal employees who recover from disabling injuries
benefits. Normally such effects are not, nor are they here recognized as,
within one year a guaranteed right to return to their former jobs or
compensable within the framework of concepts surrounding Work-
jobs of equal rank and pay. To eliminate the delay between notice of
men's Compensation. They are not directly related to or caused by the
injury and payment of compensation benefits, this bill would author-
injury, and are not susceptible of measurement adequate for the pur-
ize the employing agency to continue employee's pay, in cases where
pose of formulating a "compensation" remedy or award suited to uni-
the claim for wage loss has been made on the basis of a traumatic in-
versal application because they only relate to effects that might occur
jury, for a period not to exceed 45 days. The bill would allow disabled
in the individual case. For these reasons, as distinguished from the
Federal employees to retain their government sponsored insurance,
initial proposal (H.R. 9118 as introduced June 29, 1973), the Commit-
and permit their time on the disability rolls to be credited as active
tee bill (H.R. 13871) does not simply "permit" such payments, nor
service time for civil service retirement benefits; it would permit con-
state that they be "considered as compensation". Instead it would
tinuation of maximum benefits to those workers who recover suffi-
authorize continuation of pay when a claim is filed; and provides that
ciently to enter an approved program of vocational rehabilitation.
"compensation for disability" commences after the period for which
Progressive new developments like these are necessary to maintain
the employee has been temporarily continued in pay status, including
the Act as a model workman's compensation program.
any period of disability for which the employee elected to use annual
or sick leave.
COMMITTEE ACTION
Since it is the understanding of the Committee that the continuation
In recognition of newly developed concepts of workmen's compen-
of a full pay will be treated as such for all purposes, including tax with-
sation law, and since the last revision of the Federal Employees Com-
holding, contribution, retirement, etc., it is anticipated that the result
pensation Act occurred back in 1966, the Select Subcommittee on
for the employee would be limited to the intent of the Committee that
Labor under the Chairmanship of Congressman Dominick V. Daniels,
interruption in pay be eliminated, while at the same time providing
conducted 4 days of hearings on H.R. 9118, a bill introduced by Mr.
for net payment to an employee of an amount approximately equiva-
Daniels to amend the F.E.C.A. Testimony was heard from all signifi-
lent to the amount he would have received as compensation. The intent
cant segments of affected employee groups, the Administration, ex-
is not to increase the amount of compensation for the period immedi-
perts in the field of workmen's compensation law, and members of
ately following the filing of a claim related to work connected trau-
Congress. As a result of the information gathered at the hearings,
matic injury, but to eliminate interruptions in the cash flow for the
and after further negotiations with minority members of the Sub-
employee.
committee and representatives of the Administration on March 14,
Accordingly the Committee expects that the Secretary will in the
1974, the Select Subcommittee on Labor reported unanimously H.R.
form of accounting procedures and regulations authorized in the bill,
9118 with amendments to the Full Committee on Education and
provide for the result intended. It was also the understanding of the
Labor. On April 3, 1974, the House Education and Labor Committee,
Committee that, consistent with the above, where it is determined that
after accepting H.R. 13871 introduced by Mr. Daniels and cospon-
an injury is not compensable, such regulations will provide for an ad-
sored by 22 members of the Committee as a substitute for H.R. 9118,
justment in the annual or sick leave account of the employee.
reported favorably H.R. 13871 unanimously.
Civil Service Retention Rights
Section 22 of the bill would assure Federal employees injured on the
EXPLANATION AND JUSTIFICATION OF MAJOR
job and receiving disability compensation that during their period of
PROVISIONS OF THE BILL
disability, they will incur no loss of benefits which they would have
received absent the injury or disease. This section is not intended to
Continuation of Pay
accord these disabled workers greater rights than they would normally
Section 11 of the bill amends Section 8118 to the Act to authorize
receive if still working, but rather it is designed to insure that the
the employing agency to continue payment of an employee's pay where
disability not reduce those work related benefits rightly due the
the employee files a claim under the Act related to a "traumatic"
employee.
injury. This section also provides that the pay shall continue unless
In addition, this amendment provides a guaranteed right to an in-
controverted under regulations of the Secretary of Labor, and under
jured employee to return to his former or an equivalent position if he
accounting procedures and regulations of the Secretary, "for a period
recovers within one year from the date compensation begins. For those
not to exceed 45 days." Under current law once an initial determina-
employees whose disability extends beyond one year, the employing
tion has been made on a claim compensation is paid from the date-
agency or department is to grant priority in employment to the in-
wage loss begins (subject to any statutory waiting period). However, in
jured worker. The Committee expects the Civil Service Commission
4
5
to promulgate rules and regulations for the implementation of this
and leave the compensation rolls. It is intended to eliminate the dis-
provision.
incentive to return to vocational rehabilitation caused by the present
Addition to Scheduled Awards
reduction in benefits.
Compensation for the loss of an arm, leg, foot, hand, eye, and SO
forth are specified in the present statute by the part of the anatomy
Equality of Entitlement for Husband and Wife
and the number of weeks of allowable compensation. Loss of or loss of
Our pattern of social thinking has changed dramatically in the
use of an internal or unspecified external organ cannot now be com-
United States in recent years. No longer can a husband be considered
pensated in this manner. If an employee suffers this type of loss due
as the sole breadwinner of the family. In many instances a family's
to a work related injury or disease, justice and logic require that he
standard of living and the education and well being of children are
receive schedule benefits. Section 5 of this bill adds a new subsection
based on the combined income of husband and wife.
to the provision for schedule awards and authorizes payment of up to
Section (c) of the bill erases the artificial differences between the
312 weeks for said loss or loss of use.
entitlement of husband and wife. It permits a widower to receive the
Because of this addition to the scheduled awards, a new definition of
same benefits as a widow because of the death of his federally em-
"organ" was included in section 8101 of the statute. It specifically ex-
ployed spouse if he lived with her or was dependent upon her at the
cludes from the definition "heart, brain, and back." The Committee
time of her death or if living apart for good reason or because of the
believes that this exclusion is necessitated because of the still uncer-
desertion of the husband by the wife.
tain state of the medical art in determining the extent of loss to those
In addition, Section 6 of the bill permits an injured female worker
particular organs. However, because the Committee wishes to make
to receive the 81/3 percent augmented compensation for dependents if
coverage as broad as possible, it will require the Secretary of Labor
she has a husband who is a member of the same household; or receives
to undertake a study concerning how these excluded organs could be
regular contributions from her for his support or if she has been
properly added to the schedule provisions of the Act.
ordered by a court to contribute to his support.
Free Choice of Government Facilities or Private Physicians-Ex-
Statute of Limitations
panded Medical Services
A number of meritorious claims are not paid because of the existing
Under existing law an injured worker is required to make use of
1 year requirement for the filing of claims. The amendment contained
available U.S. facilities such as the Public Health Service and Veterans
in Section 14 of the bill would extend the period for filing from 1 to 3
Administration hospitals for medical services and could use private
years and eliminate the often inequitable 5-year waiver provision. It
physicians designated by the Secretary only if the use of U.S. facili-
is intended that the present provision in the law concerning latent dis-
ties is impracticable.
abilities, and the newly added section tolling the statute of limitations
The National Commission on State Workmen's Compensation Laws
in cases of exceptional circumstances will provide the worker the same
recommended that injured employees be permitted a choice of physi-
protection afforded by the existing waiver provision without the at-
cian from a designated panel. Section 2 of the bill would bring the
tendant difficulties.
Act into line with this recommendation, as well as permitting the con-
tinued use of the available Federal facilities, if the worker SO chooses.
Widows' Benefits-Redistribution
In addition to allowing the worker a choice of facilities and physi-
The Committee because of its recognition that parents retain a con-
cians, the bill includes podiatrists in the list of authorized physicians
tinuing responsibility for the welfare of their children, determined
and available services. This reflects the recognition of the authors of
that some reallocation of survivors benefits be made. Therefore, Sec-
the bill that injured workers are choosing more diverse methods of
tion 16 of the bill while retaining the 75 percent of employee's earnings
medical treatment to cure their ills, and that Federal employees com-
ceiling, reallocates benefits between widows and widowers and children
pensation should allow for such choice.
by increasing their share generally by 5 percent.
Vocational Rehabilitation-Full Compensation
Cost of Living Increases
Present law requires a reduction in compensation when a Federal
Despite efforts to clearly reflect the most recent cost of living in-
employee's disability changes from total to partial. While this prac-
creases through the CPI, the Committee ascertained that the present
tice is considered reasonable in the general field of compensation, it
method for adjusting compensation to increases in the Consumer Price
works a hardship on those workers who are enrolled or who would like
Index was faulty. The problem was created by the time lag between
to enroll in a rehabilitation program at the time of change in dis-
computation of the increase and payment of the increase. The amend-
ability from total to partial.
ment contained in Section 21 of the bill is a reasonable and logical
The amendment made by Section 3 of the bill would permit the
method for accurate payment of cost of living increases to compensa-
Secretary of Labor to continue the compensation rate without reduc-
tion recipients. It achieves this result by removing the two month wait-
tion as an inducement for partially disabled workers to enter into
ing period currently required following a 3 percent rise in the price
approved programs of rehabilitation SO that they may return to work
index for three consecutive months over the price index for the latest
base month.
6
7
Section 24 of the bill corrects the unintentional exclusion of certain
SECTION-BY-SECTION DESCRIPTION OF THE BILL
groups of beneficiaries, including those from the Federal Public Works
AS REPORTED
Administration, the Civilian Conservation Corps, the Works Projects
Section 1
Administration, and other New Deal Agencies from receiving the auto-
matic cost of living increases provided for by the 1966 Federal Em-
Subsections (a) and (b) of this section provide for the inclusion
ployees Compensation Act Amendments.
of podiatrists in the definition of "physician" in section 8101 (2) of
chapter 81 of subpart G of title 5, United States Code (hereafter in
Receipt of Other Benefits
this analysis referred to as the "Act") and the definition of "medical,
Section 9 of the bill permits employees or survivors to receive bene-
surgical, and hospital services and supplies" in section 8101 (3) of
fits administered by the Veterans Administration while receiving
the Act.
benefits under the Act as long as such payment is not for the same
The amendment made by subsection (c) of this section erases the
injury or same death. It would also allow receipt of military retire-
artificial differences between the entitlement of husband and wife.
ment or retainer pay while receiving payments under the Act subject
It allows a widower to receive benefits because of the death of his
to the limitations on receipt of dual compensation by retired officers
federally employed spouse if he lived with her or was dependent upon
contained in 5 U.S.C. § 5532.
her at the time of her death or if living apart for good reason or be-
The reason for this amendment is the justifiable fact that if a
cause of the desertion of the husband by the wife.
Federal worker incurs a job related injury which is compensable it is
Subsection (d) of this section adds a new definition to section 8101
unfair to deprive him of these benefits solely because he is entitled to
of the Act which defines and clarifies the term "organ" and excludes
payments from other sources for different injuries or service. His
from that term for purposes of scheduled awards under the Act the
ability to receive compensation payments should be based upon the
brain, heart, and back.
merits of his present claim.
The amendment made by subsection (d) also adds a definition of
Federal Employees Compensation Study
"United States medical officer and hospital" to such section 8101. The
Because of more recent ongoing studies of the workman's compensa-
term is defined to include all officers and hospitals of the Army, Navy,
tion programs at both the State and Federal level, the Committee
Air Force, Veterans' Administration, and Public Health Service, and
believes it is not only justified, but absolutely essential, to conduct a
any other officer or hospital designated by the Secretary.
broad-based review of the Federal Employees Compensation Program
Section 2
to ascertain whether further changes are required. Among the more
This section amends 8103 (a) (3) of the Act to accord any employee
specific areas of concern will be the question of granting more discre-
free choice of a physician approved by the Secretary. The present law
tion to the Secretary of Labor to increase maximum monthly attendant
mandates use of U.S. medical facilities if available, and allows use of
and maintenance allowance, and an examination of the extent and
private physicians only if said facilities cannot be used.
distribution of survivor benefits.
Section 3
ffective Dates
The amendment made by this section would eliminate the require-
It is the Committee's intention that all sections of these amendments
ment of section 8106 of the Act that compensation be reduced in
be effective from the date of enactment and be applicable to any injury
instances where the disability changes from total to partial while the
or death occurring after such date unless otherwise stated. In addi-
employee is enrolled in a vocational rehabilitation program approved
tion sections 1 (a) and (b), 2, 3, 7 (a) and (b), 8 (a) and (b), 9, 16 (a)
by the Secretary.
and (b), 17, 19, 20, 21, 22, 24, and 25, are to be applicable to all cases
The present law requires a reduction in the compensation received
where the injury or death occurred prior to the date of enactment but
by an injured employee when his disability changes from total to
the provisions of these sections are to be applicable only to any period
partial.
beginning on or after the date of enactment.
Section 4
ESTIMATE OF COST
This section makes a technical amendment which corrects a gram-
matical error made between the 1966 amendments to the Federal Em-
In accordance with clause 7 of Rule 13, the Committee estimates
ployees Compensation Act (P.L. 89-488 of July 4, 1966) and the codi-
that costs which would be incurred in carrying out H.R. 13871 as
fication of these amendments (P.L. 90-83 of September 11, 1967).
follows: $1,000,000 for the fiscal year ending June 30, 1974; $6,777,629
Section 5
for the fiscal year ending June 30, 1975 $8,266,939 for the fiscal
year ending June 30, 1976; $10,283,961 for the fiscal year ending
The amendment made by this section adds to the list of scheduled
June 30, 1977; $12,785,069 for the fiscal year ending June 30, 1978;
awards in section 8107 (c) of the Act any important internal or ex-
and $15,886,433 for the fiscal year ending June 30, 1979.
ternal organs as specified by the Secretary. Organ is defined for pur-
The Committee's estimate of cost (except for the cost for fiscal year
poses of this Act by the proposed amendment contained in section 1(d)
of the bill.
1974) is the same as that supplied by the Administration. The Admin-
istration supplied no cost estimate for fiscal year 1974.
8
9
In addition, the amendment made by this section specifies that
Section 12
such losses are to be compensated for a period not to exceed 312 weeks.
This section amends section 8119 of the Act by lengthening the time
Section 6
limit during which notice of injury or death can be given from 48
hours to 30 days and adds a requirement for notice of death. In
The amendment made by this section, when read with the con-
addition, the section removes both the penalty provision as well as
forming amendment in section 1 of the bill, eliminates the discrimina-
the provision for waiver for failure to give timely notice of injury or
tory effect of the present law and permits an injured female worker
death.
to receive the 81/3% augmented compensation for dependents if she
has a husband who is a member of the same household, receiving
Section 13
regular contributions for his support or if she has been ordered by a
The amendment made by this section would permit Federal agencies
court to contribute to his support.
to obtain claim forms from the Government Printing Office if such
forms are approved by the Secretary. The present law requires the
Section 7
agencies to obtain the forms directly from the Department of Labor.
The amendment made by subsection (a) of this section increases
This amendment would have the effect of allocating the costs of print-
the maximum monthly allowance contained in section 8111 (a) of
ing between the agencies using the notice.
the Act when the service of an attendant is necessary from $300 to
$500.
Section 14
The amendment made by this section eliminates the 5-year waiver
Section 8
for the filing of claims, changes the statute of limitations for filing
The amendment made by this section removes the requirement of
from 1 to 3 years, clarifies the present requirements for actual knowl-
present law that the Office of Workmen's Compensation programs re-
edge, adds a provision delaying the running of the time for filing if the
view an individuals compensation and possibly reduce it when he
Secretary excuses the failure to comply because of exceptional cir-
reaches the age of 70.
cumstances, and includes a provision making the filing of a disability
Section 9
claim satisfy the time requirements of a death claim based on the
The amendment made by this section would permit employees or
same injury.
survivors to receive benefits administered by the Veterans' Adminis-
Section 15
tration while receiving benefits under the Act as long as such pay-
The amendment made by this section would expedite recovery by
ment is not for the same injury or the same death. It would also allow
the Federal Government of amounts paid a claimant where there is a
receipt of military retirement or retainer pay while receiving benefits
subsequent third party recovery by granting the government a lien
under the Act subject to the limitations on receipt of dual compensa-
on such recovery in an amount not to exceed the amounts already
tion by retired officers contained in 5 U.S.C. § 5532.
paid to the individual in compensation less reasonable costs and
Section 10
attorney's fees. This amendment also sets forth a minimum recovery
The amendment made by this section would change the time for
by the claimant.
accrual of right to compensation by changing the 21-day waiting pe-
Section 16
riod for retroactive benefits to 14 days. This change conforms to the
The amendment made by this section would raise benefits paid to
recommendation of the National Commission on Workmen's Com-
widows by 5% without increasing the present ceiling of 75% of the
pensation Laws.
employee's earnings.
Section 11
Section 17
The amendment made by this section authorizes Federal agencies
The amendment made by this section would allow death benefits
to continue an employee's pay, in cases where claim for wage loss has
to exceed the former employee's monthly pay if such excess is created
been made on the basis of a traumatic injury, for a period not exceeding
by cost-of-living increases authorized by section 8146a of the Act.
45 days subject to certain applicable sections of that Act and the
Section 18
Secretary's regulatory authority. Provision is made for applying the
waiting days provided in section 8117 of the Act at the end of the
The amendment made by this section provides $200 for the adminis-
period of continuation of pay, if disability continues beyond that
trative costs of termination of an employee's status with the Federal
date. The continuation of pay is not to be affected by the compensation
Government, and is payable in addition to the costs of funeral and
rates in sections 8105 and 8110 of the Act and for all intents and
burial expenses in section 8134 of the Act.
purposes is to be considered a continuation of the monthly pay in
Section 19
8101 (4) of the Act.
The amendment made by this section permits the Secretary to dis-
charge compensation liability by a lump sum payment if the monthly
FORD
&
H. Rept. 1025, 93-2-2
BERALD
10
11
payment to the beneficiary is less than $50. (The current minimum
evaluation, and an examination of the need for increases in allowances
monthly payment permitting this discharge is $5.)
for services of attendants, and to report thereon to the Congress no
Section 20
later than twelve months after enactment of the bill.
The amendment made by this section provides for the computation
of lump-sum payments based on the most current actuarial tables.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
It removes the required use of the American Experience Table of Mor-
In compliance with clause 3 of rule XIII of the Rules of the House
tality last published in 1868.
of Representatives, changes in existing law made by the bill, as re-
Section 21
ported, are shown as follows (existing law proposed to be omitted is
This section amends section 8146 (a) and (b) of the Act by removing
enclosed in black brackets, new matter is printed in italic, existing law
the two-month waiting period currently required following a 3%
in which no change is proposed is shown in roman) :
rise in the price index for three consecutive months over the price
index for the latest base month. The amendment to subsection (b)
TITLE 5, UNITED STATES CODE
would facilitate the fixing of adjusted compensation to the nearest
*
*
*
*
dollar for disability payments as is now provided for death payments.
Section 22
Subpart G-Insurance and Annuities
The amendment made by this section would assure injured employ-
ees who are able to return to work at some later date that during
CHAPTER 81-COMPENSATION FOR WORK INJURIES
their period of disability, they will incur no loss of benefits that they
would have received were they not injured. In addition, this amend-
SUBCHAPTER I-GENERALLY
SEC.
ment provides an absolute right to an employee who is injured and
8101. Definitions.
who recovers within one year from the date comepensation begins to
8102. Compensation for disability or death of employee.
return to his old job or an equivalent position. For those employees
8103. Medical services and initial medical and other benefits.
whose disability extends beyond one year, the employing agency or
8104. Vocational rehabilitation.
department is to give priority in employment to the injured worker
8105. Total disability.
8106. Partial disability.
upon recovery.
8107. Compensation schedule.
Section 23
8108. Reduction of compensation for subsequent injury to same member.
This section makes a technical amendment updating the "Table of
8109. Beneficiaries of awards unpaid at death order of precedence.
8110. Augmented compensation for dependents.
Contents" to reflect the addition of Section 8151, "CIVIL SERVICE
8111. Additional compensation for services of attendants or vocational rehabili-
RETENTION RIGHTS."
tation.
8112. Maximum and minimum monthly payments.
Section 24
8113. Increase or decrease of basic compensation.
Certain groups were excluded from the cost-of-living increases pro-
8114. Computation of pay.
vided for by the 1966 amendments to the Federal Employees Com-
8115. Determination of wage-earning capacity.
8116. Limitations on right to receive compensation.
pensation Act. The amendment made by this section would accord
8117. Time of accrual of right.
these increases to all groups except military reservists or their sur-
8118. Election to use annual or sick leave.
vivors who will probably receive greater benefits from the Veterans
8119. Notice of injury[ failure to give] or death.
Administration.
8120. Report of injury.
8121. Claim.
Section 25
8122. Time for making claim.
8123. Physical examinations.
The amendment made by this section would include the United
8124. Findings and award hearings.
States Postal Service among those organizations which are required
8125. Misbehavior at proceedings.
to pay an additional amount into the Employees' Compensation Fund
8126. Subpenas; oaths; examination of witnesses.
for administration.
8127. Representation attorneys' fees.
8128. Review of award.
Section 26
8129. Recovery of overpayments.
8130. Assignment of claim.
This section makes a technical amendment to section 8147 (a) of
8131. Subrogation of the United States.
the Act changing the reference to the Bureau of the Budget to the
8132. Adjustment after recovery from a third person.
Office of Management and Budget.
8133. Compensation in case of death.
8134. Funeral expenses; transportation of body.
Section 27
8135. Lump-sum payment.
This section directs the Secretary of Labor to conduct a study
8136. Initial payments outside the United States.
concerning programs administered under the Act, including research,
8137. Compensation for noncitizens and nonresidents.
12
13
8138. Minimum limit modification of noncitizens and aliens.
8139. Employees of the District of Columbia.
(3) "medical, surgical, and hospital services and supplies" in-
8140. Members of the Reserve Officers' Training Corps.
cludes services and supplies by podiatrists, osteopathic practi-
8141. Civil Air Patrol volunteers.
tioners and hospitals within the scope of their practice as defined
8142. Peace Corps volunteers.
by State law;
8143. Jobs Corps enrollees; volunteers in service to America.
8143a. Members of the National Teacher Corps.
(4) "monthly pay" means the monthly pay at the time of in-
8144. Student-employees.
jury, or the monthly pay at the time disability begins, or the
8145. Administration.
monthly pay at the time compensable disability recurs, if the
8146. Administration for the Canal Zone and The Alaska Railroad.
recurrence begins more than 6 months after the injured employee
8146a. Cost-of-living adjustment of compensation.
8147. Employees' Compensation Fund.
resumes regular full-time employment with the United States,
8148. [Repealed.]
whichever is greater, except when otherwise determined under
8149. Regulations.
section 8113 of this title with respect to any period;
8150. Effect on other statutes.
(5) "injury" includes, in addition to injury by accident, a dis-
8151. Civil service retention rights.
ease proximately caused by the employment;
(6) "widow" means the wife living with or dependent for sup-
SUBCHAPTER I-GENERALLY
port on the decedent at the time of his death, or living apart for
reasonable cause or because of his desertion;
§ 8101. Definitions
(7) "parent" includes stepparents and parents by adoption;
For the purpose of this subchapter-
(8) "brother" and "sister" mean one who at the time of the
(1) "employee" means-
death of the employee is under 18 years of age or over that age and
(A) a civil officer or employee in any branch of the Gov-
incapable of self-support, and include stepbrothers and stepsisters,
ernment of the United States, including an officer or em-
half brothers and half sisters, and brothers and sisters by adop-
ployee of an instrumentality wholly owned by the United
tion, but do not include married brothers or married sisters;
States;
(9) "child" means one who at the time of the death of the em-
(B) an individual rendering personal service to the United
ployee is under 18 years of age or over that age and incapable
States similar to the service of a civil officer or employee of
of self-support, and includes stepchildren, adopted children, and
the United States, without pay or for nominal pay, when a
posthumous children, but does not include married children;
statute authorizes the acceptance or use of the service, or
(10) "grandchild" means one who at the time of the death of the
authorizes payment of travel or other expenses of the
self-support; employee is under 18 years of age or over that age and incapable of
individual;
(C) an individual, other than an independent contractor
[(11) "widower" means one who, because of physical or mental
or an individual employed by an independent contractor, em-
disability, was wholly dependent for support on the employee at
ployed on the Menominee Indian Reservation in Wisconsin
the time of her death (11) "widower" means the husband living
in operations conducted under a statute relating to tribal
with or dependent for support on the decedent at the time of her
timber and logging operations on that reservation;
desertion; death, or living apart for reasonable cause or because of her
(D) an individual employed by the government of the
District of Columbia; and
(12) "compensation" includes the money allowance payable
(E) an individual appointed to a position on the office
to an employee or his dependents and any other benefits paid for
staff of a former President under section (b) of the Act of
from the Employees' Compensation Fund, but this does not in
August 25, 1958 (72 Stat. 838) ;
any way reduce the amount of the monthly compensation payable
but does not include-
for disability or death;
(i) a commissioned officer of the Regular Corps of the
(13) "war-risk hazard" means a hazard arising during a war
Public Health Service;
in which the United States is engaged; during an armed conflict
(ii), a commissioned officer of the Reserve Corps of the
in which the United States is engaged, whether or not war has
Public Health Service on active duty;
been declared; or during a war or armed conflict between military
(iii) a commissioned officer of the Environmental Science
forces of any origin, occurring in the country in which an in-
Services Administration; or
dividual to whom this subchapter applies is serving; from-
(iv) a member of the Metropolitan Police or the Fire De-
(A) the discharge of a missile, including liquids and
partment of the District of Columbia who is pensioned or
gas, or the use of a weapon, explosive, or other noxious thing
pensionable under sections 521-535 of title 4, District of
by a hostile force or individual or in combating an attack or
Columbia Code;
an imagined attack by a hostile force or individual;
(2) "physician" includes surgeons, podiatrists, and osteopathic
(B) action of a hostile force or individual, including rebel-
lion or insurrection against the United States or any of Rits
ORD
practitioners within the scope of their practice as defined by
State law;
allies;
GERALD
LIBRARY
14
15
(C) the discharge or explosion of munitions intended for
(18) "price index" means the Consumer Price Index (all
use in connection with a war or armed conflict with a hostile
items-United States city average) published monthly by the
force or individual;
Bureau of Labor Statistics; and
(D) the collision of vessels on convoy or the operation of
(19) "base month" means the month of July 1966 and each
vessels or aircraft without running lights or without other
later month which is used as a basis for calculating an increase
customary peacetime aids to navigation; or
under section 8146a of this title.
(E) the operation of vessels or aircraft in a zone of hostili-
(20) "organ means a part of the body that performs a special
ties or engaged in war activities;
function, and for purposes of this subchapter excludes the brain,
(14) "hostile force or individual" means a nation, a subject
heart, and back.
of a foreign nation, or an individual serving a foreign nation-
(21) "United States medical officers and hospitals" includes
(A) engaged in a war against the United States or any of
medical officers and hospitals of the Army, Navy, Air Force, Vet-
its allies;
erans' Administration, and United States Public Health Service,
(B) engaged in armed conflict, whether or not war has
and any other medical officer or hospital designated as a United
been declared, against the United States or any of its allies;
States medical officer or hospital by the Secretary of Labor.
or
(C) engaged in a war or armed conflict between military
forces of any origin in a country in which an individual to
§ 8103. Medical services and initial medical and other benefits
whom this subchapter applies is serving;
(a) The United States shall furnish to an employee who is injured
(15) "allies" means any nation with which the United States
while in the performance of duty, the services, appliances, and supplies
is engaged in a common military effort or with which the United
prescribed or recommended by a qualified physician, which the Secre-
States has entered into a common defensive military alliance;
tary of Labor considers likely to cure, give relief, reduce the degree or
(16) "war activities" include activities directly relating to mili-
the period of disability, or aid in lessening the amount of the monthly
tary operations;
compensation. These services, appliances, and supplies shall be
furnished-
(17) "student" means an individual under 23 years of age who
has not completed 4 years of education beyond the high school
(1) whether or not disability has arisen;
level and who is regularly pursuing a full-time course of study or
(2) notwithstanding that the employee has accepted or is en-
titled to receive benefits under subchapter III of chapter 83 of this
training at an institution which is-
(A) a school or college or university operated or directly
title or another retirement system for employees of the Govern-
ment; and
supported by the United States, or by a State or local govern-
(3) by or on the order of United States medical officers and hos-
ment or political subdivision thereof;
pitals, or, [when this is not practicable] at the employee's option,
(B) a school or college or university which has been accred-
by or on [the] order of [private] physicians and hospitals desig-
ited by a State or by a. State-recognized or nationally recog-
nated or approved by the Secretary.
nized accrediting agency or body;
The employee may [be furnished transportation and may be paid all
(C) a school of college or university not So accredited but
expenses incident to the securing of these services, appliances, and
whose credits are accepted, on transfer, by at least three insti-
supplies which the Secretary considers necessary and reasonable.]
tutions which are SO accredited, for credit on the same basis
initially select a physician to provide medical services, appliances, and
as if transferred from an institution SO accredited or
supplies, in accordance with such regulations and instructions as the
(D) an additional type of educational or training institu-
Secretary considers necessary, and may be furnished necessary and
tion as defined by the Secretary of Labor.
reasonable transportation and expenses incident to the securing of such
Such an individual is deemed not to have ceased to be a student
services, appliances, and supplies. These expenses, when authorized or
during an interim between school years if the interim is not more
approved by the Secretary, shall be paid from the Employees' Com-
than 4 months and if he shows to the satisfaction of the Secretary
pensation Fund.
that he has a bona fide intention of continuing to pursue a full-
time course of study or training during the semester or other en-
§ 8104. Vocational rehabilitation
rollment period immediately after the interim or during periods of
reasonable duration during which, in the judgment of the Secre-
(α) The Secretary of Labor may direct a permanently disabled indi-
tary, he is prevented by factors beyond his control from pursuing
vidual whose disability is compensable under this subchapter to
his education. A student whose 23rd birthday occurs during a
undergo vocational rehabilitation. The Secretary shall provide for
semester or other enrollment period is deemed a student until the
furnishing the vocational rehabilitation services. In providing for
end of the semester or other enrollment period;
these services, the Secretary, insofar as practicable, shall use the serv-
ices or facilities of State agencies and corresponding agencies which
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cooperate with the Secretary of Health, Education, and Welfare in
(14) Compensation for loss of binocular vision or for loss of 80
carrying out the purposes of chapter 4 of title 29, except to the extent
percent or more of the vision of an eye is the same as for loss of
that the Secretary of Labor provides for furnishing these services
the eye.
under section 8103 of this title. The cost of providing these services to
(15) Compensation for loss of more than one phalanx of a digit
individuals undergoing vocational rehabilitation under this section
is the same as for loss of the entire digit. Compensation for loss
shall be paid from the Employees' Compensation Fund. However, in
of the first phalanx is one-half of the compensation for loss of the
reimbursing a State or corresponding agency under an arrangement
entire digit.
pursuant to this section the cost to the agency reimbursable in full
(16) If, in the case of an arm or a leg, the member is amputated
under section 32 (b) (1) of title 29 is excluded.
above the wrist or ankle, compensation is the same as for loss of
(b) Notwithstanding section 8106, individuals directed to undergo
the arm or leg, respectively.
vocational rehabilitation by the Secretary shall, while undergoing such
(17) Compensation for loss of use of two or more digits or one
rehabilitation, receive compensation at the rate provided in sections
or more phalanges of each of two or more digits, of a hand or foot,
8105 and 8110 of this title, less the amount of any earnings received
is proportioned to the loss of use of the hand or foot occasioned
from remunerative employment, other than employment undertaken
thereby.
pursuant to such rehabilitation.
(18) Compensation for permanent total loss of use of a member
is the same as for loss of the member.
§ 8107. Compensation schedule
(19) Compensation for permanent partial loss of use of a mem-
(a) If there is permanent disability involving the loss, or loss of
ber may be for proportionate loss of use of the member. The degree
[use of use, of a member or function of the body or involving dis-
of loss of vision or hearing under this schedule is determined
figurement, the employee is entitled to basic compensation for the
without regard to correction.
disability, as provided by the schedule in subsection (c) of this section,
(20) In case of loss of use of more than one member or parts
at the rate of 662/3 percent of his monthly pay. The basic compensa-
of more than one member as enumerated by this schedule, the
tion is-
compensation is for loss of use of each member or part thereof,
(1) payable regardless of whether the cause of the disability
and the awards run consecutively. However, when the injury af-
originates in a part of the body other than that member;
fects only two or more digits of the same hand or foot, paragraph
(2) payable regardless of whether the disability also involves
(17) of this subsection applies, and when partial bilateral loss of
another impairment of the body; and
hearing is involved, compensation is computed on the loss as
(3) in addition to compensation for temporary total or tempo-
affecting both ears.
rary partial disability.
(21) For serious disfigurement of the face, head, or neck of a
(b) With respect to any period after payments under subsection (a)
character likely to handicap an individual in securing or main-
of this section have ended, an employee is entitled to compensation
taining employment, proper and equitable compensation not to
as provided by-
exceed $3,500 shall be awarded in addition to any other compen-
(1) section 8105 of this title if the disability is total or
sation payable under this schedule.
(2) section 8106 of this title if the disability is partial.
(22) For permanent loss or loss of use of any important exter-
(c) The compensation schedule is as follows:
nal or internal organ of the body as determined by the Secretary,
(1) Arm lost, 312 weeks' compensation.
proper and equitable compensation not to exceed 312 weeks' com-
(2) Leg lost, 288 weeks' compensation.
pensation for each organ so determined shall be paid in addition
(3) Hand lost, 244 weeks' compensation.
to any other compensation payable under this schedule.
(4) Foot lost, 205 weeks' compensation.
*
(5) Eye lost, 160 weeks' compensation.
§ 8110. Augmented compensation for dependents
(6) Thumb lost, 75 weeks' compensation.
(a) For the purpose of this section, "dependent" means—
(7) First finger lost, 46 weeks' compensation.
(1) a wife, if-
(8) Great toe lost, 38 weeks' compensation.
(A) she is a member of the same household as the em-
(9) Second finger lost, 30 weeks' compensation.
ployee;
(10) Third finger lost, 25 weeks' compensation.
(B) she is receiving regular contributions from the em-
(11) Toe other than great toe lost, 16 weeks' compensation.
ployee for her support; or
(12) Fourth finger lost, 15 weeks' compensation.
(C) the employee has been ordered by a court to contribute
(13) Loss of hearing-
to her support;
(A) complete loss of hearing of one ear, 52 weeks' com-
(2) a husband, if wholly dependent on the employee for sup-
pensation; or
(B) complete loss of hearing of both ears, 200 weeks'
port because of his own physical or mental disability
compensation.
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19
(2) a husband, if-
basis of an assumed monthly pay corresponding to the probable. de-
(A) he is a member of the same household as the employee;
creased wage-earning capacity.]
(B) he is receiving regular contributions from the em-
(b) If an individual without good cause fails to apply for
ployee for his support; or
and undergo vocational rehabilitation when SO directed under section
(C) the employee has been ordered by a court to contribute
8104 of this title, the Secretary, on review under section 8128 of this
to his support;
title and after finding that in the absence of the failure the wage-
(3) an unmarried child, while living with the employee or re-
earning capacity of the individual would probably have substantially
ceiving regular contributions from the employee toward his sup-
increased, may reduce prospectively the monetary compensation of the
port, and who is-
individual in accordance with what would probably have been his
(A) under 18 years of age; or
wage-earning capacity in the absence of the failure, until the individ-
(B) over 18 years of age and incapable of self-support be-
ual in good faith complies with the direction of the Secretary.
cause of physical or mental disability; and
(4) a parent, while wholly dependent on and supported by the
employee.
§ 8116. Limitations on right to receive compensation
Notwithstanding paragraph (3) of this subsection, compensation pay-
(a) While an employee is receiving compensation under this sub-
able for a child that would otherwise end because the child has reached
chapter, or if he has been paid a lump sum in commutation of install-
18 years of age shall continue if he is a student as defined by section
ment payments until the expiration of the period during which the
8101 of this title at the time he reaches 18 years of age for SO long as
installment payments would have continued, he may not receive salary,
he continues to be such a student or until he marries.
pay, or remuneration of any type from the United States, except-
(1) in return for service actually performed; [and]
*
*
(2) pension for service in the Army, Navy, or Air Force[.];
§ 8111. Additional compensation for services of attendants or
(3) other benefits administered by the Veterans' Administra-
vocational rehabilitation
tion unless such benefits are payable for the same injury or the
(a) The Secretary of Labor may pay an employee who has been
same death; and
awarded compensation an additional sum of not more than [$300]
(4) retired pay, retirement pay, retainer pay, or equivalent pay
$500 a month, as the Secretary considers necessary, when the Secre-
for service in the Armed Forces or other uniformed services, sub-
tary finds that the service of an attendant is necessary constantly
ject to the reduction of such pay in accordance with section 5532
because the employee is totally blind, or has lost the use of both hands
(b) of title 5, United States Code.
or both feet, or is paralyzed and unable to walk, or because of other
However, eligibility for or receipt of benefits under subchapter III
disability resulting from the injury making him SO helpless as to re-
of chapter 83 of this title, or another retirement system for employees
quire constant attendance.
of the Government, does not impair the right of the employee to com-
(b) The Secretary may pay an individual undergoing vocational
pensation for scheduled disabilities specified by section 8107 (c) of this
rehabilitation under section 8104 of this title additional compensation
title.
necessary for his maintenance, but not to exceed [$100] $200 a month.
*
*
*
*
§ 8117. Time of accrual of right
§ 8113. Increase or decrease of basic compensation
An employee is not entitled to compensation for the first 3 days of
(a) If an individual-
temporary disability, except-
(1) was a minor or employed in a learner's capacity at the time
(1) when the disability exceeds [21] 14 days;
of injury; and
(2) when the disability is followed by permanent disability or
(2) was not physically or mentally handicapped before the
(3) as provided by sections 8103 and 8104 of this title.
injury;
the Secretary of Labor, on review under section 8128 of this title after
[§ 8118. Election to use annual or sick leave
the time the wage-earning capacity of the individual would probably
An employee may use annual or sick leave to his credit at the time
have increased but for the injury, shall recompute prospectively the
disability begins, but his compensation for disability does not begin,
monetary compensation payable for disability on the basis of an
and the time periods specified by section 8117 of this title do not begin
assumed monthly pay corresponding to the probable increased wage-
to run, until the use of the annual or sick leave ends.]
earning capacity.
§ 8118. Continuation of pay; election to use annual or sick leave
[(b) The Secretary, on review under section 8128 of this title after
a disabled employee becomes 70 years of age and his wage-earning
(a) The United States shall authorize the continuation of pay of an
capacity would probably have decreased because of old age aside from
employee, as defined in section 8101 (1) of this title (other than those
and independently of the effects of the injury, may recompute pro-
referred to in clause (B) or (E)), who has filed a claim for a period of
spectively the monetary compensation payable for disability on the
wage loss due to a traumatic injury with his immediate superior on a
20
21
form approved by the Secretary of Labor within the time specified in
(f) state the cause and nature of the injury, or in the case of
section 8122 (a) (2) of this title.
death, the employment factors believed to be the cause; and
(b) Continuation of pay under this subchapter shall be furnished-
(g) be signed by and contain the address of the individual
(1) without a break in time unless controverted under regula-
giving the notice.
tions of the Secretary;
(2) for a period not to exceed 45 days; and
(3) under accounting procedures and such other regulations as
§ 8121. Claim
the Secretary may require.
Compensation under this subchapter may be allowed only if an
(c) An employee may use annual or sick leave to his credit at the
individual or someone on his behalf makes claim therefor. The claim
time the disability begins, but his compensation for disability does not
shall-
begin, and the time periods specified by section 8117 of this title do
(1) be made in writing within the time specified by section
not being to run, until termination of pay as set forth in subsections
8122 of this title;
(a) and (b) or the use of annual or sick leave ends.
(2) be delivered to the office of the Secretary of Labor or to an
§ 8119. Notice of injury; failure to give
individual whom the Secretary may designate by regulation, or
deposited in the mail properly stamped and addressed to the
(a) An employee injured in the performance of his duty, or some-
Secretary or his designee;
one on his behalf, shall give notice thereof. The notice shall-
(3) be on a form [furnished] approved by the Secretary;
[(1) be given within 48 hours after the injury;
(4) contain all information required by the Secretary;
[(2) be given to the immediate superior of the employee by
(5) be sworn to by the individual entitled to compensation or
personal delivery or by depositing it in the mail properly stamped
someone on his behalf; and
and addressed;
(6) except in case of death, be accompanied by a certificate of
(3) be in writing;
the physician of the employee stating the nature of the injury and
((4) state the name and address of the employee;
the nature and probable extent of the disability.
[(5) state the year, month, day, and hour when and the particu-
lar locality where the injury occured;
The Secretary may waive paragraphs (3)-(6) of this section for
reasonable cause shown.
(6) state the cause and nature of the injury; and
ing the notice.
(7) be signed by and contain the address of the individual giv-
§ 8122. Time for making claim
(a) An original claim for compensation-
[(b) Compensation may be allowed only if the notice is given within
[(1) for death shall be made within 1 year after the death; and
48 hours after the injury or if the immediate superior of the employee
[(2) for disability shall be made within 60 days after the injury.
has actual knowledge of the injury. However, the Secretary of Labor
However, the Secretary of Labor may allow an original claim for
may allow compensation if-
disability to be made within 1 year after the injury for reasonable
[(1) the notice is filed within 1 year after the injury and reason-
cause shown.]
able cause for the delay is shown; or
(a) An original claim for compensation for disability or death must
[(2) the requirement for 48 hours' notice is waived under sec-
be filed within 3 years after the injury or death. Compensation for dis-
tion 8122 of this title.]
ability or death, including medical care in disability cases, may not be
§ 8119. Notice of injury or death
allowed if claim is not filed within that time unless—
An employee injured in the performance of his duty, or someone on
(1) the immediate superior had actual knowledge of the injury
his behalf, shall give notice thereof. Notice of a death believed to be
or death within 30 days. The knowledge must be such to put the
related to the employment shall be given by an eligible beneficiary
immediate superior reasonably on notice of an on-the-job injury
specified in section 8133 of this title, or someone on his behalf. A notice
or death; or
of injury or death shall-
(2) written notice of injury or death as specified in section 8119
(a) be given within 30 days after the injury or death;
of this title was given within 30 days.
(b) be given to the immediate superior of the employee by per-
(b) In a case of latent disability, the time for filing claim does not
sonal delivery or by depositing it in the mail properly stamped
begin to run until the employee has a compensable disability and is
and addressed;
aware, or by the exercise of reasonable diligence should have been
(c) be in writing;
aware, of the causal relationship of the compensable disability to his
(d) state the name and address of the employee;
employment. In such a case, the time for giving notice of injury begins
(e) state the year, month, day, and hour when and the partic-
to run when the employee is aware, or by the exercise of reasonable
ular locality where the injury or death occurred;
diligence should have been aware, that his condition is causally related
to his employment, whether or not there is a compensable disability.
FORD i LIBRARY THE
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23
[(c) The Secretary may waive compliance with the requirements of
§ 8133. Compensation in case of death
this subchapter for giving notice of injury and for filing claim for
(a) If death results from an injury sustained in the performance of
compensation for disability or death if-
[(1) a claim is filed within 5 years after the injury or death;
duty, the United States shall pay a monthly compensation equal to a
and
percentage of the monthly pay of the deceased employee in accordance
(2) the Secretary finds—
with the following schedule:
[(A) that the failure to comply was due to circumstances
(1) To the widow or widower, if there is no child, [45] 50
beyond the control of the individual claiming benefits; or
percent.
[(B) that the individual claiming benefits has shown suffi-
(2) To the widow or widower, if there is a child, [40] 45 per-
cient cause or reason in explanation of, and material preju-
cent and in addition 15 percent for each child not to exceed a total
dice to the interest of the United States has not resulted
of 75 percent for the widow or widower and children.
from, the failure.]
(3) To the children, if there is no widow or widower, [35] 40
(c) The timely filing of a disability claim because of injury will
percent for one child and 15 percent additional for each additional
satisfy the time requirements for a death claim based on the same
child not to exceed a total of 75 percent, divided among the chil-
dren share and share alike.
injury.
(d) The time limitations in subsections [(a)-(c)] (a) and (b) of
(4) To the parents, if there is no widow, widower, or child, as
follows—
this section do not-
(1) begin to run against a minor until he reaches 21 years of
(A) 25 percent if one parent was wholly dependent on the
age or has had a legal representative appointed: or
employee at the time of death and the other was not depend-
(2) run against an incompetent individual while he is incompe-
ent to any extent;
tent and has no duly appointed legal representative] or
(B) 20 percent to each if both were wholly dependent; or
(3) run against any individual whose failure to comply is ex-
(C) a proportionate amount in the discretion of the Secre-
cused by the Secretary on the ground that such notice could not
tary of Labor if one or both were partly dependent.
If there is a widow, widower, or child, SO much of the percentages
be given because of exceptional circumstances.
are payable as, when added to the total percentages payable to the
*
*
widow, widower, and children, will not exceed a total of 75
§ 8132. Adjustment after recovery from a third person
percent.
If an injury or death for which compensation is payable under this
(5) To the brothers, sisters, grandparents, and grandchildren,
subchapter is caused under circumstances creating a legal liability in
if there is no widow, widower, child, or dependent parent as
a person other than the United States to pay damages, and a benefici-
follows-
ary entitled to compensation from the United States for that injury or
(A) 20 percent if one was wholly dependent on the em-
death receives money or other property in satisfaction of that liability
ployee at the time of death;
as a result of suit or settlement by him or in his behalf, the beneficiary,
(B) 30 percent if more than one was wholly dependent,
after deducting therefrom the costs of suit and a reasonable attorney's
divided among the dependents share and share alike; or
fee, shall refund to the United States the amount of compensation paid
(C) 10 percent if no one is wholly dependent but one or
by the United States and credit any surplus on future payments of
more is partly dependent, divided among the dependents
compensation payable to him for the same injury. No court, insurer,
share and share alike.
attorney, or other person shall pay or distribute to the beneficiary or
If there is a widow, widower, or child, or dependent parent, so
his designee the proceeds of such suit or settlement without first satis-
much of the percentages are payable as, when added to the total
fying or assuring satisfaction of the interest of the United States. The
percentages payable to the widow, widower, children, and de-
amount refunded to the United States shall be credited to the Em-
pendent parents, will not exceed a total of 75 percent.
ployees' Compensation Fund. If compensation has not been paid to
(b) The compensation payable under subsection (a) of this section
the beneficiary, he shall credit the money or property on compensa-
is paid from the time of death until-
tion payable to him by the United States for the same injury. How-
(1) a widow or widower dies or remarries before reaching age
ever, the beneficiary is entitled to retain, as α minimum, at least one-
60;
fifth of the net amount of the money or other property remaining after
[(2) a widower dies or remarries or becomes capable of self-
the expenses of a suit or settlement have been deducted[, plus]; and
support;]
in addition to this minimum and at the time of distribution, an amount
[(3)] (2) a child, a brother, a sister, or a grandchild [dies or
equivalent to a reasonable attorney's fee proportionate to the refund
marries] dies, marries, or becomes 18 years of age, or if over
to the United States.
24
25
age 18 and incapable of self-support becomes capable of self-
tality] most current United States Life Tables, as developed by the
support; or
United States Department of Health, Education, and Welfare, which
[(4)] (3) a parent or grandparent dies [or marries] marries,
shall be updated from time to time, but the lump-sum payment to a
or ceases to be dependent.
widow or widower of the deceased employee may not exceed 60 months'
Notwithstanding paragraph [(3)] (2) of this subsection, compensa-
tion payable to or for a child, a brother or sister, or [a] grandchild
compensation. The probability of the happening of any other con-
that would otherwise end because the child, brother or sister, or grand-
tingency affecting the amount or duration of compensation shall be
child has reached 18 years of age shall continue if he is a student as
disregarded.
defined by section 8101 of this title at the time he reaches 18 years of
(b) On remarriage before reaching age 60, a widow or widower en-
age for SO long as he continues to be such a student or until he marries.
titled to compensation under section 8133 of this title, shall be paid a
A widow or widower who has entitlements to benefits under this title
lump sum equal to twenty-four times the monthly compensation pay-
derived from more than one husband or wife shall elect one entitlement
ment (excluding compensation on account of another individual) to
to be utilized.
which he was entitled immediately before the remarriage.
(c) On the cessation of compensation under this section to or on
account of an individual, the compensation of the remaining individ-
§ 8143. Job Corps enrollees; volunteers in service to America
uals entitled to compensation for the unexpired part of the period
(a) Subject to the provisions of this subsection, this subchapter ap-
during which their compensation is payable, is that which they would
plies to an enrollee in the Job Corps, except that compensation for dis-
have received if they had been the only individuals entitled to com-
ability does not begin to accrue until the day after the date on which
pensation at the time of the death of the employee.
the injured enrollee is terminated. In administering this subchapter for
(d) When there are two or more classes of individuals entitled to
an enrollee covered by this subsection-
compensation under this section and the apportionment of compensa-
(1) the monthly pay of an enrollee is deemed that received at
tion under this section would result in injustice, the Secretary may
the minimum rate for GS-2;
modify the apportionment to meet the requirements of the case.
(2) section 8113 (a) (b)] of this title applies to an enrollee;
(e) In computing compensation under this section, the monthly
and
pay is deemed not less than the minimum rate of basic pay for GS-2.
(3) "performance of duty" does not include an act of an en-
However, the total monthly compensation may not exceed-
rollee while absent from his assigned post of duty, except while
(1) the monthly pay computed under section 8114 of this title,
participating in an activity (including an activity while on pass
except for increases authorized by section 8146a of this title; or
or during travel to or from the post of duty) authorized by or
(2) 75 percent of the monthly pay of the maximum rate of
under the direction and supervision of the Job Corps.
basic pay for GS-15.
*
*
*
*
*
*
(f) Notwithstanding any funeral and burial expenses paid under
§ 8146a. Cost-of-living adjustment of compensation
section 8134, there shall be paid a sum of $200 to the personal repre-
sentative of a deceased employee within the meaning of section 8101
(a) Each month the Secretary of Labor shall determine the per-
(1) of this title for reimbursement of the costs of termination of the
cent change in the price index. Effective the first day of the [third]
month which begins after the price index change equals a rise of at
decedent's status as an employee of the United States.
least 3 percent for 3 consecutive months over the price index for the
*
latest base month, compensation payable on account of disability or
§ 8135. Lump-sum payment
death which occurred more than 1 year before that first day shall be
(a) The liability of the United States for compensation to a bene-
increased by the percent rise in the price index (calculated on the high-
ficiary in the case of death or of permanent total or permanent partial
est level of the price index during the 3 consecutive months) adjusted
disability may be discharged by a lump-sum payment equal to the
to the nearest one-tenth of 1 percent.
present value of all future payments of compensation computed at
(b) The [monthly compensation] regular periodic compensation
4 percent true discount compounded annually if-
payments after adjustment under this section shall be fixed at the
(1) the monthly payment to the beneficiary is less than [$5]
nearest dollar. However, the [monthly] regular periodic compensa-
$50 a month;
tion after adjustment shall reflect an increase of at least $1.
(2) the beneficiary is or is about to become a nonresident of the
(c) This section shall be applicable to persons excluded by section 15
United States; or
of the Federal Employees' Compensation Act Amendments of 1966
(3) the Secretary of Labor determines that it is for the best
(P.L. 89-488) under the following statutes: Act of Feb. 15, 1934 (48
interest of the beneficiary.
Stat. 351); Act of June 26, 1936 (49 Stat. 2035) Act of April 8, 1935
The probability of the death of the beneficiary before the expiration
(49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); P.L. 84-955
of the period during which he is entitled to compensation shall be
(Aug. 3, 1956); P.L. 77-784 (Dec. 2, 1942); P.L. 84-879 (Aug. 1,
determined according to the [American Experience Table of Mor-
1956); P.L. 80-896 (July 3, 1948); Act of September 8. 1959 (73 Stat.
469). Benefit payments to these persons shall initially be increaseus ORD
GERALD
LEGRARY
26
27
the total percentage of the increases in the price index from the base
an additional amount for these costs, which shall be paid into the
month of July, 1966, to the next most recent base month following the
Treasury as miscellaneous receipts from the sources authorized and in
effective date of this subsection.
the manner otherwise provided by this section.
§ 8147. Employees' Compensation Fund
*
(a) There is in the Treasury of the United States the Employees'
§ 8151. Civil service retention rights
Compensation Fund which consists of sums that Congress, from time
(a) In the event the individual resumes employment with the Fed-
to time, may appropriate for or transfer to it, and amounts that other-
eral Government, the entire time during which the employee was re-
wise accrue to it under this subchapter or other statute. The Fund is
ceiving compensation under this chapter shall be credited to the
available without time limit for the payment of compensation and
employee for the purposes of within-grade step increases, annuity com-
other benefits and expenses, except administrative expenses, author-
putation under the civil service retirement provisions, retention pur-
ized by this subchapter or any extension or application thereof, ex-
poses, and other rights and benefits based upon length of service.
cept as otherwise provided by this subchapter or other statute. The
(b) Under regulations issued by the Civil Service Commission-
Secretary of Labor shall submit annually to the "Bureau of the
(1) the department or agency which was the last employer shall
Budget] Office of M anagement and Budget estimates of appropriations
immediately and unconditionally accord the employee, if the in-
necessary for the maintenance of the Fund. For the purpose of this
jury or disability has been overcome within one year after the
subsection, "administrative expenses" does not include expenses for
date of commencement of compensation, the right to resume his
legal services performed by or for the Secretary under sections 8131
former or an equivalent position, as well as all other attendant
and 8132 of this title.
rights which the employee would have had, or acquired, in his
(b) Before August 15 of each year, the Secretary shall furnish to
former position had he not been injured or disabled, including
each agency and instrumentality of the United States having an em-
the rights to tenure, promotion, and safeguards in reductions-in-
ployee who is or may be entitled to compensation benefits under this
force procedures, and
subchapter or any extension or application thereof a statement show-
(2) the department or agency which was the last employer
ing the total cost of benefits and other payments made from the Em-
shall, if the injury or disability is overcome within a period of
ployees' Compensation Fund during the preceding fiscal year on ac-
more than one year after the date of commencement of compensa-
count of the injury or death of employees or individuals under the
tion, make all reasonable efforts to place, and accord priority to
jurisdiction of the agency or instrumentality. Each agency and in-
placing, the employee in his former or equivalent position within
strumentality shall include in its annual budget estimates for the next
such department or agency, or within any other department or
fiscal year a request for an appropriation in an amount equal to the
agency.
costs. Sums appropriated pursuant to the request shall be deposited
in the Treasury to the credit of the Fund within 30 days after they
are available. An agency or instrumentality not dependent on an an-
nual appropriation shall make the deposit required by this subsection
from funds under its control. If an agency or instrumentality (or part
or function thereof) is transferred to another agency or instrumen-
tality, the cost of compensation benefits and other expenses paid from
the Fund on account of the injury or death of employees of the trans-
ferred agency or instrumentality (or part or function) shall be in-
cluded in costs of the receiving agency or instrumentality.
(c) In addition to the contributions for the maintenance of the
Employees' Compensation Fund required by this section, the United
States Postal Service, or a mixed ownership corporation as defined
by section 856 of title 31, or any other corporation or agency or instru-
mentality (or activity thereof) which is required by statute to submit
an annual budget pursuant to or as provided by sections 841-869 of
title 31, shall pay an additional amount for its fair share of the cost of
administration of this subchapter as determined by the Secretary.
With respect to these corporations, agencies, and instrumentalities,
the charges billed by the Secretary under this section shall include
DISSENTING VIEWS ON H.R. 13871
I must dissent from the report of this Committee, for I believe it
has once again recommended the passage of a bill which is not in the
best interest of the American people, the American taxpayers. Its costs,
which are estimated by the Committee at 54 million dollars over the
next five years, are but another blow to the producers and taxpayers
of this country and an aid to the tax consumers, those on the govern-
ment payroll.
In an article in the April 27, 1974 edition of Business Week, the
following passage appeared:
DISABILITY EPIDEMIC
Another outsized cost borne by the federal system lies in the
unusually large number of employees retired "on disability."
Only 16.5% of those receiving Social Security payments were
retired on disability, which is regarded as a reasonable meas-
ure of experience elsewhere in our society (although many
industrial companies claim that 10% or less retire for this
reason). But 28% of the Civil Service annuitants retire on
disability.
Thus, early retirement for disability is 70% greater in Civil
Service than for the whole economy and well over double the
average reported by many companies. This is a hugely expen-
sive aberration in the federal system.
Obviously, there are advantages to early "disability" re-
tirement. The most important is a tax advantage: The first
$5,200 of such income is tax-free. The facts suggest that the
government may be a bit relaxed in deciding just what "dis-
ability" really means.
Pensions are but one of the fringe benefits of the federal
civil servant that top those offered employees by private in-
dustry. For example, a recent study by the BLS compared
certain federal and industry benefit costs as a percent of pay-
roll as follows:
[In percent]
Federal
Industry
Vacations
8.1
5.3
Holidays
2.9
3.2
Personal leave
.6
.3
Sick leave
3.3
1.1
Health, life, accident insurance
1.8
4.4
Total
16.7
14. 3
(29)
30
This survey indicates that federal employees enjoy 50%
more paid time off than their counterparts in industry. Only
legal holidays fall below the industry average. However, the
civil servant does have less insurance protection, unless he
provides it himself.
I think it would be revealing to have a top-flight actuarial
group determine what the government's fringe benefits-es-
pecially pensions-would cost when based on the same as-
sumptions they use for such representative large companies
as Du Pont, General Electric, AT&T, Exxon, and General
Motors. My own estimate is that the real costs of federal bene-
fits that must ultimately be paid by the taxpayers are substan-
tantially above industry outlays.
This is the situation in regard to federal employee fringe benefits
today, yet this bill would, among other things, extend the time for
filing for disability compensation from one to three years, and would
grant Federal employees who recover from disabling injuries within
one year a guaranteed right to return to their former jobs or jobs
of equal rank and pay. It would also allow disabled Federal employees
to request that their time on the disability rolls be credited as active
service time for civil service retirement benefits; it would permit
continuation of maximum benefits to those workers who recover suf-
ficiently to enter an approved program of vocational rehabilitation.
This massive increase in the fringe benefits for federal employees,
including participants in the Job Corps program, the Civilian Con-
servation Corps, the Federal Public Works Administration, the Works
Projects Administration and other New Deal agencies, is, in the ab-
sence of a sound actuarial examination of the compensation already
paid to government employees, ill-considered.
It is also inflationary. A business that increased fringe benefits for
its employees when the business was running in the red, is not a busi-
ness I would care to invest in. Governments, like businesses, are also
subject to losses of confidence, and when a loss of confidence in a gov-
ernment occurs, the consequences are much graver than when a busi-
ness enterprise loses the trust of its creditors.
In the past six years the inteerst on our national debt has more than
doubled, up from 14 billion to an amazing 29 billions. During that
same brief period, our national debt has skyrocketed from 370 billions
to 508 billions. To increase spending further at this time, without a
companion measure to provide the necessary funds is the height of ir-
responsibility.
One body of this Congress recently had the good sense to forestall
a rise in pay for Members of Congress; I hope that this House will
have the good sense to pay government employees benefits this govern-
ment can afford.
EARL F. LANDGREBE.
Calendar No. 1038
93D CONGRESS
SENATE
REPORT
2d Session
No. 93-1081
FEDERAL EMPLOYEES' COMPENSATION AMENDMENTS
OF 1974
AUGUST 8, 1974.-Ordered to be printed
Mr. WILLIAMS, from the Committee on Labor and Public Welfare,
submitted the following
REPORT
[To accompany H.R. 13871]
The Committee on Labor and Public Welfare, to which was referred
the bill (H.R. 13871), to amend chapter 81 of subpart G of title 5,
United States Code, relating to compensation for work injuries, and
for other purposes, having considered the same, reports favorably
thereon with amendments and recommends that the bill do pass.
INTRODUCTION AND BACKGROUND
Almost fifty-eight years ago, the Congress recognized the need for
compensating Federal employees who become injured or disabled in
the course of their employment. In 1916, the Federal Employees'
Compensation Act (FECA) was born, and a system was established
to provide for the delivery of disability benefits.
The FECA was last amended in 1966. Since that time, there has
been a growing awareness and interest in the field of workers' compen-
sation generally. Such attention is welcomed, but is long overdue.
As a result of a requirement contained in the Occupational Safety
and Health Act of 1970 (Public Law 91-596), a study was com-
missioned to review the adequacy of existing provisions of the various
State workers' compensation programs. When the comprehensive
findings of the National Commission on State Workmen's Compensa-
tion Laws were released in July 1972, the public was made aware of
the many inequities and inadequacies which the existing systems had
been allowed to foster. Although the National Commission focused
its attention on State systems, many of its recommendations were
found applicable to deficiencies in the program administered for
Federal employees, and have been incorporated into this bill.
38-010-74--1
:
FORD
LIBRARY
2
3
It is essential that injured or disabled employees of all covered
additional compensation for wives with dependent husbands; increase
departments and agencies, including those of the United States
the monthly allowance for the service of attendants for disabled
Postal Service, be treated in a fair and equitable manner. The Federal
workers from $300 to $500; eliminate the requirement for Federal
Government should strive to attain the position of being a model
review of benefit levels where participants reach age 70; permit
employer. Enactment of these amendments will do much to achieve
employees or survivors to receive benefits from both VA and FECA as
that goal.
long as the claim is not for same injury; reduce from 21 to 14 days the
LEGISLATIVE DEVELOPMENT OF THE BILL
minimum length of disability required to waive the exclusion of com-
pensation for the first 3 days of disability; lengthen the time for notice
In June, 1973, H.R. 9118, a bill to amend FECA was introduced
of injury from 48 hours to 30 days; permit Federal agencies to obtain
by Congressman Daniels, and referred to the House Education and
claims forms directly from the Government Printing Office rather
Labor Committee's Select Subcommittee on Labor. Hearings were
than the Department of Labor; extend the statute of limitations from
held on September 5, 6, 11, and 12, 1973. As a result of the information
1 to 3 years; expedite procedures for the recovery of benefits by the
gathered at the hearings, and after further consultation with repre-
Federal Government in case of third party liability; permit death
sentatives of Federal employee organizations and Executive agencies,
benefits to exceed the monthly pay of the deceased employee if the
the Select Subcommittee on Labor reported unanimously H.R. 9118
excess is created by authorized cost-of-living adjustments; provide
with amendments to the Full Committee on Education and Labor
$200 to the representative of the deceased employee to cover admin-
on March 14, 1974. On April 3, 1974, the House Education and Labor
istrative costs necessary to terminate the decedent's status as a Federal
Committee accepted H.R. 13871 as a substitute for H.R. 9118, and
employee; permit the Secretary to discharge compensation liability
favorably reported it on April 3, 1974 by a unanimous vote. The bill
by lump sum payment if the monthly payment is under $50 (formerly
was passed by the House of Representatives on May 9, 1974.
$5); provide for the use of improved actuarial tables; and require the
H.R. 13891 was referred to the Senate Committee on Labor and
United States Postal Service to contribute to the employees' compen-
Public Welfare on May 8, 1974. After review and evaluation by the
sation fund with respect to administrative costs.
Senate Subcommittee on Labor, provisions of the House-passed bill
The Committee amendments will expand the Act's coverage to
were adopted with several technical and clarifying amendments, to-
include Federal employees serving as grand and petit jurors; will
gether with four new provisions described below.
increase the Act's compensation rate for Head of Household Peace
The bill, H.R. 13871, was reported favorably by unanimous
Corps Volunteers To that of Volunteer leaders, and will add a provision
vote of the Labor Subcommittee on July 29, 1974, and unanimously
to enable employees to be compensated for damaged prosthetic
ordered reported favorably by the full Committee on Labor and
appliances and devices. The Committee has also redefined the term
Public Welfare on August 1, 1974, after adding a provision defining
"physician" and "medical services" to include, in addition to podia-
the coverage of certain professional services.
trists as added by House, dentists, clinical psychologists, optometrists,
The Department of Labor, through its testimony in support of this
and specified services of chiropractors.
legislation during hearings in the House, has expressed the Adminis-
The bill requires the Secretary of Labor to make a comprehensive
tration's strong interest in rationalizing compensation benefits and
study of the Federal Employees Compensation Program, and to
improving the administration of the Act. The Department has ac-
submit a report with recommendations to the Congress within
cordingly expressed acceptance of the Committee's improvements and
twelve months of enactment.
other modifications of H.R. 13871.
EXPLANATION OF MAJOR PROVISIONS
SUMMARY OF PROVISIONS
Continuation of pay
H.R. 13871, as passed by the House, contains some twenty-seven
Section 11 of the bill authorizes the employing agency to continue
changes to the existing law. The principal provisions of the bill will:
payment of an employee's pay where the employee files a claim under
provide for a continuation of full pay for up to 45 days where the
the Act related to a traumatic injury. This section provides that the
employee's claim is not controverted, and the disability is related to
pay shall continue, unless the claim controverted, for a period of up to
traumatic injury; guarantee the right of an employee to return to his
45 days under accounting procedures and regulations promulgated by
or her former or equivalent position within 1 year; allow compensation
the Secretary of Labor.
of up to 312 weeks for an impaired external or internal organ not
Under current law, compensation is paid from the date wage loss
specified by the statutory schedule; adjust the Consumer Price Index
begins, subject to the statutory waiting period; however, notice of
computation to make it more responsive to cost of living increases;
injury and claim forms must be submitted for review and adjudication
and make certain groups, previously excluded, eligible for cost of
by the Secretary of Labor before payment is certified to the U.S.
living compensation increases.
Treasury. Consequently, the employee suffers a delay in income.
Further, the bill will reallocate additional benefits to surviving
According to the General Accounting Office report, "Need for a
spouses by increasing their share generally by 5%; allow freedom of
Faster Way to Pay Compensation Claims to Disabled Federal Em-
choice of either private physician and hospital, or Federal medical
ployees" (B-157593 of November 21, 1973), this delay averages from
personnel and facilities; permit a partially disabled worker to enter
49 to 70 days, with the time it takes for the necessary reports and
vocational rehabilitation program without loss in benefits; provide
4
5
claim forms to arrive at the Department of Labor from the agencies
comprising two-thirds of this delay.
provision covering clinical psychologists and optometrists has been
The Committee finds that such a delay creates severe economic
enacted into law (P.L. 93-363) in connection with the Federal Em-
hardship on the injured employee and his or her family, and causes
ployee Benefits program. The limitation on chiropractors with respect
difficult administrative problems for the Secretary of Labor and the
to spinal subluxation is similar to that contained in the Medicare pro-
employing agencies. Numerous complaints of delays in payment
visions of the Social Security Act, as amended. The Committee ex-
must be reviewed and processed, thereby causing further delays in
pects that the Secretary will promulgate regulations with respect to
other cases.
reimbursement for chiropractic services, and will consult with the
Continuation of pay in cases of traumatic injury will eliminate this
the Secretary of Health, Education, and Welfare, taking into con-
delay for the great majority of compensation cases.
sideration: studies of chiropractic services under Medicare and State
The committee wishes to make clear that any amounts paid to
workmen's compensation programs; the scope of such services as de-
employees under this section shall be treated as income which is
fined by the State statutes and regulations; and the qualifications
neither excludable in computing adjusted gross income, nor exempted
necessary for X-ray interpretation of spinal subluxation.
under any other provision of the Internal Revenue Code of 1954, as
Section 2 of the bill will permit injured employees a choice of physi-
amended. The intent is not to increase the amount of net income for
cian from a designated panel, as well as the continued use of the avail-
the period immediately following the filing of a claim related to work-
able Federal facilities, if the worker SO chooses. This freedom of choice
connected traumatic injury, but to eliminate interruptions in the cash
is in accordance with the recommendations of the National Com-
flow for the employee.
mission on State Workmen's Compensation Laws. Under existing
In the event a claim is denied, the employee may utilize either
law, an injured worker is required to make use of available U.S. facili-
accumulated sick leave, annual leave, or have an adjustment made to
ties such as the Public Health Service and Veterans Administration
regular pay as an overpayment in accordance with existing law.
hospitals, for medical services and may use private physicians desig-
The Committee accordingly expects that the Secretary will provide
nated by the Secretary only if the use of U.S. facilities is impracticable.
technical assistance to the greatest possible extent to employing
This expansion of medical services is a recognition by the Committee
agencies, as well as the necessary internal post-audit and accounting
that injured workers desire a wider range of medical treatment,
procedures, so that the administration of Section 11 will fully meet
services, and facilities, and that Federal employees' compensation
the expectations and goals set forth by the Committee.
should allow such choice.
Civil Service retention rights
Addition to scheduled awards
The bill assures Federal employees, including those of the United
Compensation for the loss of an arm, leg, foot, hand, eye, and SO
States Postal Service, who are injured on the job and receiving disa-
forth are specified in the present statute by relating the part of the
bility compensation, that during their period of disability they will
anatomy injured to the number of weeks of allowable compensation.
incur no loss of benefits which they would have received absent the
Loss, or loss of use, of an internal or unspecified external organ cannot
injury or disease. It permits an injured employee to return to his
now be compensated in this manner. If an employee suffers this type of
former or equivalent position if he recovers within one year from the
loss due to a work related injury or disease, justice and logic require that
date compensation begins or one year from recurrence of that same
he or she receive scheduled benefits. The bill adds a new subsection to
injury or disease. For those employees whose disability extends beyond
the provision for scheduled awards, authorizing the Secretary to make
one year, the employing agency or department is to grant priority in
payments of up to 312 weeks for such loss or loss of use. Although
employment to the injured worker.
"heart, brain, and back" are specifically excluded from the definition
The committee does not intend to lessen any protection now avail-
of organ, the Secretary of Labor will be required to undertake a
able to injured or disabled Federal employees with regard to their
study as to how these excluded organs can be properly added to the
reemployment rights.
scheduled provisions of the Act.
The Committee also wishes to make clear that the Civil Service
The Committee intends that any new schedules developed by the
Commission is authorized to promulgate regulations covering the
Secretary, pursuant to Section 5 of the bill, not include any organs
rights of employees whose injuries or disabilities are partially over-
already included within the Act's existing schedule of compensation.
come, as well as those who have fully overcome their disabilities.
Cost-of-living increases
Expansion of medical services and facilities
Section 21 of the bill changes the method for adjusting compensation
The bill expands the Act's definition of "physicians" and "medical,
increases based on the Consumer Price Index by removing the two
surgical, and hospital services and supplies" to include dentists,
month waiting period currently required to follow a 3 percent rise in
clinical psychologists, optometrists, podiatrists, and chiropractors to
the price index for three consecutive months. Section 24 of the bill also
the extent specified in section 1.
corrects the unintentional exclusion of certain groups of beneficiaries
These new additional categories are a recognition of the need for
from receiving the automatic cost of living increases provided by the
specialized professional services which should be available directly to
1966 Federal Employees Compensation Act amendments. It is the
the disabled worker. Currently, such services are available only
intent of the Committee to provide such increases notwithstanding
through referral by a treating or supervising medical doctor. A similar
any existing statutory maximums.
6
7
Compensation for damaged prosthetic devices
It was apparently placed in the law in the belief that such persons
Under existing law no compensation is generally paid with respect
have a decreased wage-earning capacity.
to loss of personal property due to accident regardless of the fact that
The Committee finds that such a review places an unnecessary
the same accident resulted in personal injury. Non-reimbursable
burden on both the employees receiving compensation and the Secre-
personal property has included such items as artificial limbs and other
tary. Further, the fact that an employee reaches age 70 has no bearing
prosthetic devices. The bill in Section 1 would amend the definition
on his or her entitlement to benefits and is considered discriminatory
of the term "injury" to include damage to or destruction of medical
in the Committee's opinion. Section 8 of the bill will remove this
braces, artificial limbs, and other prosthetic devices. It will require the
onerous and distasteful task from the Secretary's responsibilities.
government to compensate injured employees for work-related damage
Vocational rehabilitation with full compensation
to artificial appliances or prosthetic devices. It is the Committee's
The bill would permit the Secretary of Labor to continue the
intention that the employee suffering such damage be compensated
compensation rate without reduction as an inducement for partially
for any time lost while such device or appliance is being replaced or
disabled workers to enter into approved programs of rehabilitation SO
repaired. A prosthetic device would be considered a part of the body
that they may eventually return to work and leave the compensation
for all intents and purposes of this Act, and the Secretary would be
rolls.
required to reimburse an employee for the loss or damage to such
Present law requires a reduction in compensation when a Federal
device if caused by an employment-relatéd incident or series of inci-
employee's disability changes from total to partial. This practice
dents. However, damaged eyeglasses and hearing aids would be re-
works a hardship on those workers who are enrolled, or who would
placed or repaired only if the damage were related to a personal
like to enroll, in a vocational rehabilitation program. The Committee
injury requiring medical services (although such personal injury need
desires to see Section 3 of the bill used in a manner which promotes
not necessarily be related to an injury of the eye or ear).
the concept of vocational rehabilitation to the maximum extent
It is envisioned that a report from an appropriately qualified
possible.
physician or prosthetic repair technician will be necessary to support
Waiting period
any such period of wage loss, and that all appropriate temporary
disability provisions of the Act would apply in the same fashion as
The present law provides that benefits will not be paid for the first 3
if the loss/damage occurred to that part of the body which the pros-
days of disability unless the disability persists for 21 days. The bill
thetic device replaced. The scheduled award provisions of the Act
reduces the 21-day period to 14 days. Section 10 is consistent with that
would not apply.
recommended by the National Commission on State Workers' Com-
pensation Laws.
Redistribution of benefits to surviving spouse
Receipt of other benefits
The bill in Section 16 reallocates benefits to the surviving spouses
by increasing their share generally by 5 percent. The present benefit
The bill in Section 9 permits employees or survivors to receive
ceiling of 75 percent of the deceased employee's earning is maintained;
benefits administered by the Veterans Administration while receiving
that is, the existing maximum a family may receive in the aggregate is
benefits under the Act as long as such payment is not for the same in-
unchanged.
jury or death. It would also allow receipt of military retirement or
The amendment will increase the benefits for a widow or widower
retainer pay while receiving payments under the Act, subject to the
without eligible dpendent children from 45 to 50 percent. If the sur-
limitations on receipt of dual compensation by retired officers con-
viving spouse has a dependent child, the widow's or widower's share
tained in 5 U.S.C. § 5532.
will be increased from 40 to 45 percent, with an additional 15 percent
If a Federal worker incurs a compensable job related injury, it
for each child up to a combined maximum total of 75 percent.
is unfair to deprive the worker of these benefits solely because the
individual is entitled to payments from other sources for different in-
Extension of the statute of limitations
juries or service. The employee's ability to receive compensation pay-
The bill would extend the period for filing from 1 to 3 years and
ments should be based upon the merits of his present claim.
eliminate the 5-year waiver provision. It is intended that the present
Coverage of employees on Federal juries
provision in the law concerning latent disabilities, and the newly
added section tolling the statute of limitations in cases of exceptional
Section 1 of the bill amends the Act's coverage to include all other-
circumstances, will provide the worker the same protection afforded
wise eligible Federal employees who are disabled, or killed while serv-
by the existing waiver provision without the attendant difficulties
ing as Federal grand or petit jurors. The Committee intends by this
which had resulted in many otherwise meritorious claims not being
provision to apply coverager on the same basis as if the juror were an
paid. The provisions in Section 14 are intended to remedy this inequity.
employee on a special mission as part of his Federal employment.
The Department of Labor has rejected all such claims for compensa-
Elimination of reduction of compensation at age 70
tion filed by Federal jurors regardless of their regular employment on
Under existing law, the Secretary is required to review and may
the basis that Federal jurors do not come within the present statu-
reduce the compensation of beneficiaries under the Act at the time
tory definition of Federal employees. The Committee believes that the
they reach age 70. Such a review takes into consideration the bene-
existing situation is unfair to those who are performing such a vital
ficiaries' right to retirement benefits and overall need for income.
and important civic duty.
8
Furthermore, the Committee recognizes, and concurs with, the
resolution of the Judicial Conference of the United States, adopted
March 1974, which calls for the coverage of all persons serving as
Federal jurors. The Committee would urge that such action be con-
sidered in conjunction with the matter of Federal juror compensation
now being studied by Senate Judiciary Committee.
SECTION-BY-SECTION DESCRIPTION OF THE BILL AS REPORTED
Peace Corps volunteers
Section 1
Since the time of the last amendment of the FECA in 1966, the Peace
Subsection (a) amends the section 8101 (1) definitions of "employee"
Corps has recognized a third category of volunteers, generally referred
by adding those individuals serving as Federal grand or petit jurors,
to as the Head of Household Volunteer (22 U.S.C. 2504(c)). A Head
and who are otherwise considered Federal employees for the purposes
of Household Volunteer receives a readjustment allowance of $125 per
of the Act.
month, the same figure as a Volunteer Leader receives. However, at
Subsections (b) and (c) provide for the inclusion of podiatrists,
present he or she is compensated under the FECA for disability pay-
dentists, clinical psychologists, optometrists, and chiropractors to
ments at the same rate as an ordinary Volunteer. It is the intention
the extent specified, in the definition of "physician" in section 8101 (2)
of the Committee to bring consistency in the application of disability
of the Act, and the definition of "medical, surgical, and hospital
benefits based on monthly earnings. Accordingly, Head of Household
services and supplies" in section 8101(3) of the Act.
Volunteers shall be "deemed" in the same manner as Volunteer
Subsection (d) amends the definition of injury in section 8101 (5) to
Leaders "to be receiving monthly pay" at GS-11 rates.
include damage or destruction of medical [braces, artificial limbs, and
Federal employees' compensation study
other prosthetic devices, as well as time lost while such braces, ap-
In view of the continuing interest in improving workers' compensa-
pliances, or devices are being replaced or repaired.
tion at both the State and Federal level, the Committee believes that it
The amendment made by subsection (e) of this section brings the
is essential to conduct a broad-based review of the Federal Em-
definition of "widower" into conformance with that of "widow" by
ployees' Compensation Program to ascertain the direction and nature
allowing a widower to receive benefits because of the death of his
of any future changes in the enabling legislation.
federally employed spouse if he lived with her, or was dependent upon
This review should, at a minimum, encompass a study of the
her at the time of her death, or if living apart for good reason, or
following:
because of the desertion of the husband by the wife.
1. The level and distribution of survivors' benefits in order to
Subsection (f) of this section adds a new definition to section
determine the most equitable method of providing compensation
8101 of the Act which defines the term "organ", but excludes
to the family of a deceased employee, including consideration of
from that term, for purposes of scheduled awards, under the Act, the
an approach based on a spendable earnings concept.
brain, heart, and back.
2. The adequacy of scheduled awards.
The amendment made by subsection (f) also adds a definition of
3. The feasibility of including disabilities involving the heart,
"United States medical officer and hospital" to such section 8101. The
brain, and back in a system of scheduled compensation.
term is defined to include all officers and hospitals of the Army, Navy,
4. Whether the Secretary of Labor should have discretionary
Air Force, Veterans' Administration, and the Public Health Service,
authority to increase maximum monthly attendant and main-
and any other officer or hospital designated by the Secretary.
tenance allowances.
Section 2
The Committee intends that the Secretary report his findings,
This section amends 8103(a) (3) of the Act to accord an employee
together with appropriate recommendation, to the Congress within 12
the free choice of physicians and facilities as approved by the Secretary.
months upon enactment.
The employee may also utilize private medical facilities or elect to
Effective dates of the bill
utilize physicians and facilities furnished by the government. Present
All sections of these amendments shall be effective from the date
law requires the use of U.S. government medical facilities if available,
of enactment and be applicable to any injury or death occurring after
and allows the use of private physicians only when government
such date unless otherwise stated. The amendment made by section 11
facilities are not-available.
permitting the continuation of pay in a claim involving a traumatic
Section 3
injury for a period not to exceed 45 days, shall be effective 60 days
The amendment made by this section would eliminate the require-
after enactment of this Act, and be applicable to any injury occurring
ment of section 8106 of the Act that compensation be reduced in
on or after such effective date. This will provide the employing agencies
instances where the disability changes from total to partial while the
with sufficient time to become familiar with the provisions of this
section. In addition, sections 1(b) and (c), 2, 3, 7(a) and (b), 8(a) and
employee is enrolled in a vocational rehabilitation program approved
(b), 9, 16(a) and (b), 17, 19, 20, 21, 22, 24, and 25, are to be applicable
by the Secretary.
(9)
to all cases where the injury or death occurred prior to the date of en-
actment, but the provisions of these sections are to be applicable only
to any period beginning on or after the date of enactment.
S.R. 1081-2
10
11
The present law requires a reduction in the compensation received
been made on the basis of a traumatic injury, for a period not exceeding
by an injured employee when his disability changes from total to
45 days, subject to certain applicable sections of the Act and the
partial.
Secretary's regulatory authority. Provision is made for applying the
Section 4
waiting days provided in section 8117 of the Act at the end of the
period of Icontinuation of pay if disability continues beyond that
This section makes a technical amendment which corrects a gram-
period. The continuation of pay is not to be affected by the compen-
matical error made between the 1966 amendments to the Federal Em-
sation rates in sections 8105 and 8110 of the Act, and for all intents
ployees Compensation Act (P.L. 89-488 of July 4, 1966) and the codi-
and purposes is to be considered a continuation of the monthly pay in
fication of these amendments (P.L. 90-83 of September 11, 1967).
8101(4) of the Act, subject to all applicable income tax provisions of
Section 5
the Internal Revenue Code. In the event the claim is denied, the
The amendment made by this section adds to the list of scheduled
employee shall be given the option to use sick leave or annual leave, or
awards in section 8107 of the Act any important internal or ex-
have an adjustment made to the employee's regular pay as an over-
ternal organs as specified by the Secretary. Organ is defined for pur-
payment.
poses of this Act by the proposed amendment contained in section
Section 12
1(f) of the bill.
This section amends section 8119 of the Act by lengthening the time
In addition, the amendment made by this section specifies that
limit during which notice of injury or death can be given from 48
such losses are to be compensated for a period not to exceed 312 weeks.
hours to 30 days and adds a requirement for notice of death. In
Compensation schedules to be developed by the Secretary are to in-
addition, the section removes both the penalty provision as well as
clude organs other than those already scheduled in the Act.
the provision for waiver for failure to give timely notice of injury or
Section 6
death.
The amendment made by this section, together with the conform-
Section 13
ing amendment in section 1 of the bill, eliminates the discriminatory
The amendment made by this section would permit Federal agencies
effect of the present law and permits an injured female worker to
to obtain claim forms from the Government Printing Office if such
receive the 8½ augmented compensation for dependents if she has a
forms are approved by the Secretary. The present law requires the
husband who is a member of the same household, receiving regular
agencies to obtain the forms directly from the Department of Labor.
contributions for his support, or if she has been ordered by a court to
This amendment would have the effect of allocating the costs of print-
contribute to his support.
ing among the agencies using the forms.
Section 7
Section 14
The amendment made by subsection (a) of this section increases
The amendment made by this section eliminates the 5-year waiver
from $300 to $500 the maximum monthly allowance contained in
for the filing of claims, changes the statute of limitations for filing
section 8111(a) of the Act when the service of an attendant is
from 1 to 3 years, clarifies the present requirements for actual knowl-
necessary.
edge, adds a provision delaying the running of the time for filing if the
Section 8
Secretary excuses the failure to comply because of exceptional cir-
The amendment made by this section removes the requirement of
cumstances, and includes a provision making the filing of a disability
present law that the Office of Workers' Compensation Programs
claim satisfy the time requirements of a death claim based on the
reassess an individual's compensation at age 70.
same injury.
Section 9
Section 15
The amendment made by this section would permit employees or
The amendment made by this section would expedite recovery by
survivors to receive benefits administered by the Veterans' Admin-
the Federal Government of amounts paid a claimant where there is a
istration while receiving benefits under the Act as long as such payment
subsequent third party recovery by granting the government a lien
is not for the same injury or death. It would also allow receipt of
on such recovery in an amount not to exceed the amounts already
military retirement or retainer pay while receiving benefits under the
paid to the individual in compensation less reasonable costs and
Act, subject to the limitations on receipt of dual compensation by
attorney's fees. This amendment also sets forth a minimum recovery
retired officers contained in 5 U.S.C. § 5532.
by the claimant.
Section 10
Section 16
The amendment made by this section would change the time for
The amendment made by this section would raise benefits paid to
accrual of right to compensation by changing the 21-day waiting
widows and widowers by 5% without increasing the present ceiling
period for retroactive benefits to 14 days.
of 75% of the employee's earnings.
Section 11
Section 17
The amendment made by this section authorizes Federal agencies
The amendment made by this section would allow death benefits
to continue an employee's pay, in cases where claim for wage loss has
to exceed the former employee's monthly pay if such excess is created
by cost-of-living increases authorized by section 8146a of the Act.
12
13
Section 18
Section 26
The amendment made by this section provides $200 for the ad-
This section makes a technical amendment to section 8147(a) of
ministrative costs of terminating a deceased employee's status with the
the Act changing the reference to the Bureau of the Budget to the
Federal Government, and is payable in addition to the costs of funeral
Office of Management and Budget.
and burial expenses in section 8134 of the Act.
Section 27
This section directs the Secretary of Labor to conduct a study
Section 19
concerning programs administered under the Act, and to report
The amendment made by this section permits the Secretary to dis-
thereon to the Congress no later than twelve months after enactment
charge compensation liability by a lump sum payment if the monthly
of the bill.
payment to the beneficiary is less than $50. (The current minimum
Section 28
monthly payment permitting this discharge is $5.)
This section provides that the Act shall become effective upon
Section 20
enactment, except for section 11 (continuity of pay) which becomes
The amendment made by this section provides for the computation
effective 60 days from enactment, and the amendments made by
of lump-sum payments based on the most current actuarial tables.
sections 1 (b) and (c), 2, 3, 7 (a) and (b), 8 (a) and (b), 9, 16 (a) and
It removes the required use of the American Experience Table of Mor-
(b), 17, 19, 20, 21, 22, 24 and 25 which shall be applicable to cases
tality last published in 1868.
where the injury or death occurred prior to the date of enactment but
the benefits therein shall be applicable only as of enactment.
Section 21
This section amends section 8146a (a) and (b) of the Act by removing
ESTIMATE OF COST
the two-month waiting period currently required following a 3% rise in
the price index for three consecutive months over the price index for
In accordance with Section 252(a) (1) of the Legislative Reorganiza-
the latest base month. The amendment to subsection (b) would facili-
tion Act of 1970, the Committee has ascertained the costs which
tate the fixing of adjusted compensation to the nearest dollar for dis-
would be incurred as a result of enactment of H.R. 13871 as amended.
ability payments as is now provided for death payments.
With respect to amendments to the Federal Employees' Compensa-
Section 22
tion Act passed by the House and included without significant change
in this report, the Committee has confirmed the cost estimates
The amendment made by this section would assure injured employ-
contained in the report of the House Education and Labor Com-
ees who are able to return to work at some later date that, during their
mittee, which are based on estimates furnished by the Department of
period of disability, they will incur no loss of benefits that they would
Labor, as follows: $1,000,000 for the fiscal year ending June 30, 1974;
have received were they not injured. In addition, this amendment
$6,777,629 for the fiscal year ending June 30, 1975; $8,266,939 for the
provides an absolute right to an employee who is injured and who re-
fiscal year ending June 30, 1976; $10,283,961 for the fiscal year ending
covers within one year from the date compensation begins, or suffers a
June 30, 1977; $12,785,069 for the fiscal year ending June 30, 1978;
recurrence of such disability, return to his old job or an equivalent
and $15,886,433 for the fiscal year ending June 30, 1979. These
position. For those employees whose disability extends beyond one
estimates represent amounts directly attributable to the increase in
year, the employing agency or department is to give priority in em-
benefits provided in the bill. The Department of Labor anticipates no
ployment to the injured worker upon recovery.
increase in administrative costs due to the House or Senate amend-
Section 23
ments.
This section makes a technical amendment updating the "Table of
The annual cost of amendments added by the Committee is esti-
Contents" to reflect the addition of Section 8151, "CIVIL SERVICE
mated as follows: $25,000 for coverage of Federal employees serving as
RETENTION RIGHTS."
Federal jurors; $10,000 for coverage of the new classification of Peace
Subsection (b) amends Section 8142(c) of the Act by recognizing a
Corps volunteers; and $50,000 for replacement or repair of damaged
new classification of Peace Corps Volunteer.
prosthetic devices and appliances.
The Committee's estimate of cost is the same as that supplied by
Section 24
the Department of Labor, except for the amendment covering Peace
Certain groups were excluded from the cost-of-living increases pro-
Corps volunteers which was provided by the ACTION agency, and
vided for by the 1966 amendments to the Federal Employees Com-
the amendment concerning Federal jurors which was based on esti-
pensation Act.
mates provided by the Administrative Office of the United States
Section 25
Courts.
The amendment made by this section would include the United
States Postal Service among those organizations which are required
to pay an additional amount into the Employees' Compensation Fund
for administration.
15
8137. Compensation for noncitizens and nonresidents.
8138. Minimum limit modification of noncitizens and aliens.
8139. Employees of the District of Columbia.
8140. Members of the Reserve Officers' Training Corps.
8141. Civil Air Patrol volunteers.
8142. Peace Corps volunteers.
CHANGES IN EXISTING LAW
8143. Jobs Corps enrollees; volunteers in service to America.
8143a. Members of the National Teacher Corps.
8144. Student-employees.
In compliance with subsection (4) of rule XXIX of the Standing
8145. Administration.
Rules of the Senate, changes in existing law made by sections 1
8146. Administration for the Canal Zone and The Alaska Railroad.
through 9 and titles I through VI of the bill, as reported, are shown
8146a. Cost-of-living adjustment of compensation.
as follows (existing law proposed to be omitted is enclosed in black
8147. Employees' Compensation Fund.
8148. [Repealed.]
brackets; new matter printed in italic):
8149. Regulations.
The amendment made by this section would accord these increases
8150. Effect on other statutes.
to those groups enumerated.
8151. Civil service retention rights.
TITLE 5, UNITED STATES CODE
8191-8193. Law enforcement officers not employed by the United States.
Subchapter I-GENERALLY
Subpart G-Insurance and Annuities
§ 8101. Definitions
CHAPTER 81-COMPENSATION FOR WORK INJURIES
For the purpose of this subchapter-
(1) "employee" means-
SUBCHAPTER I--GENERALLY
(A) a civil officer or employee in any branch of the Gov-
Sec.
ernment of the United States, including an officer or em-
8101. Definitions.
ployee of an instrumentality wholly owned by the United
8102. Compensation for disability or death of employee.
8103. Medical services and initial medical and other benefits.
States;
8104. Vocational rehabilitation.
(B) an individual rendering personal service to the United
8105. Total disability.
States similar to the service of a civil officer or employee of
8106. Partial disability.
the United States, without pay or for nominal pay, when a
8107. Compensation schedule.
8108. Reduction of compensation for subsequent injury to same member.
statute authorizes the acceptance or use of the service, or
8109. Beneficiaries of awards unpaid at death; order of precedence.
authorizes payment of travel or other expenses of the
8110. Augmented compensation for dependents.
individual;
8111. Additional compensation for services of attendants or vocational rehabili-
(C) an individual, other than an independent contractor
tation.
8112. Maximum and minimum monthly payments.
or an individual employed by an independent contractor,
8113. Increase or decrease of basic compensation.
employed on the Menominee Indian Reservation in Wiscon-
8114. Computation of pay.
sin in operations conducted under a statute relating to tribal
8115. Determination of wage-earning capacity.
timber and logging operations on that reservation;
8116. Limitations on right to receive compensation.
8117. Time of accrual of right.
(D) an individual employed by the government of the
8118. Election to use annual or sick leave.
District of Columbia; [and]
8119. Notice of injury ;failure to give. or death.
(E) an individual appointed to a position on the office
8120. Report of injury.
staff of a former President under section (b) of the Act of
8121. Claim.
8122. Time for making claim.
August 25, 1958 (72 Stat. 838);
8123. Physical examinations.
but does not include-
8124. Findings and award; hearings.
(i) a commissioned officer of the Regular Corps of the
8125. Misbehavior at proceedings.
Public Health Service;
8126. Subpenas; oaths; examination of witnesses.
8127. Representation; attorneys' fees.
(ii) a commissioned officer of the Reserve Corps of the
8128. Review of award.
Public Health Service on active duty;
8129. Recovery of overpayments.
(iii) a commissioned officer of the Environmental Science
8130. Assignment of claim.
Services Administration; or
8131. Subrogation of the United States.
8132. Adjustment after recovery from a third person.
(iv) a member of the Metropolitan Police or the Fire
8133. Compensation in case of death.
Department of the District of Columbia who is pensioned or
8134. Funeral expenses; transportation of body.
pensionable under sections 521-535 of title 4, District of
8135. Lump-sum payment.
Columbia Code; and
8136. Initial payments outside the United States.
(F) an individual selected pursuant to chapter 121 of title 28,
(14)
United States Code, and serving as a petit or grand juror and
16
17
who is otherwise an employee for the purposes of this subchapter
as defined by paragraphs (A), (B), (C), (D), and (E) of this
(12) "compensation" includes the money allowance payable to
subsection;
an employee or his dependents and any other benefits paid for
(2) "physician" includes surgeons, podiatrists, dentists, clinical
from the Employees' Compensation Fund, but this does not in
psychologists, optometrists, chiropractors, and osteopathic prac-
any way reduce the amount of the monthly compensation payable
titioners within the scope of their practice as defined by State
for disability or death;
law. The term "physician" includes chiropractors only to the extent
(13) "war-risk hazard" means a hazard arising during a war
that their reimbursible services are limited to treatment consisting of
in which the United States is engaged; during an armed conflict in
manual manipulation of the spine to correct a subluxation as demon-
which the United States is engaged, whether or not war has been
strated by X-ray and subject to regulation by the Secretary;
declared; or during a war or armed conflict between military
(3) "medical, surgical, and hospital services and supplies" in-
forces of any origin, occurring in the country in which an in-
cludes services and supplies by podiatrists, dentists, clinical psy-
dividual to whom this subchapter applies is serving; from-
chologists, optometrists, chiropractors, osteopathic practitioners and
(A) the discharge of a missile, including liquids and gas, or
hospitals within the scope of their practice as defined by State
the use of a weapon, explosive, or other noxious thing by a
[law.] law. Reimbursible chiropractic services are limited to treat-
hostile force or individual or in combating an attack or an
ment consisting of manual manipulation of the spine, to correct a
imagined attack by a hostile force or individual;
subluxation as demonstrated by X-ray to exist, and subject to regula-
(B) action of a hostite force or individual, including rebel-
tion by the Secretary.
lion or insurrection against the United States or any of its
(4) "monthly pay" means the monthly pay at the time of in-
allies;
jury, or the monthly pay at the time disability begins, or the
(C) the discharge or explosion of munitions intended for
monthly pay at the time compensable disability recurs, if the
use in connection with a war or armed conflict with a hostile
recurrence begins more than 6 months after the injured employee
force or individual;
resumes regular full-time employment with the United States,
(D) the collision of vessels on convoy or the operation of
whichever is greater, except when otherwise determined under
vessels or aircraft without running lights or without other
section 8113 of this title with respect to any period;
customary peacetime aids to navigation; or
(5) "injury" includes, in addition to injury by accident, a dis-
(E) the operation of vessels or aircraft in a zone of hostili-
ease proximately caused by the [employment; employment, and
ties or engaged in war activities;
damage to or destruction of medical braces, artificial limbs, and
(14) "hostile force or individual" means a nation, a subject
other prosthetic devices which shall be replaced or repaired, and such
of a foreign nation, or an individual serving a foreign nation-
time lost while such device or appliance is being replaced or repaired;
(A) engaged in a war against the United States or any of
except that eyeglasses and hearing aids would not be replaced, repaired
its allies;
or otherwise compensated for, unless the damage or destruction is
(B) engaged in armed conflict, whether or not war has
incident to a personal injury requiring medical services;
been declared, against the United States or any of its allies;
(6) "widow" means the wife living with or dependent for sup-
or
port on the decedent at the time of his death, or living apart for
(C) engaged in a war or armed conflict between military
reasonable cause or because of his desertion;
forces of any origin in a country in which an individual to
(7) "parent" includes stepparents and parents by adoption;
whom this subchapter applies is serving;
(8) "brother" and "sister" mean one who at the time of the
(15) "allies" means any nation with which the United States
death of the employee is under 18 years of age or over that age and
is engaged in a common military effort or with which the United
incapable of self-support, and include stepbrothers and stepsisters,
States has entered into a common defensive military alliance;
half brothers and half sisters, and brothers and sisters by adop-
(16) "war activities" include activities directly relating to
tion, but do not include married brothers or married sisters;
military operations;
(9) "child" means one who at the time of the death of the em-
(17) "student" means an individual under 23 years of age who
ployee is under 18 years of age or over that age and incapable
has not completed 4 years of education beyond the high school
of self-support, and includes stepchildren, adopted children, and
level and who is regularly pursuing a full-time course of study or
posthumous children, but does not include married children;
training at an institution which is-
(10) "grandchild" means one who at the time of the death of the
(A) a school or college or university operated or directly
employee is under 18 years of age or over that age and incapable of
supported by the United States, or by a State or local govern-
self-support;
ment or political subdivision thereof;
[(11) "widower" means one who, because of physical or mental
(B) a school or college or university which has been accred-
disability, was wholly dependent for support on the employee at
ited by a State or by a State-recognized or nationally recog-
the time of her death;] (11) "widower" means the husband living
nized accrediting agency or body;
with or dependent for support on the decedent at the time of her death,
(C) a school or college or university not SO accredited but
or living apart for reasonable cause or because of her desertion;
whose credits are accepted, on transfer, by at least three insti-
S.R. 1081-3
19
18
tutions which are SO accredited, for credit on the same basis
(2) who is a prisoner of war or a protected individual under
as if transferred from an institution SO accredited; or
the Geneva Conventions of 1949 and is detained or utilized by
the United States.
(D) an additional type of educational or training institu-
This subsection does not affect the payment of compensation under
tion as defined by the Secretary of Labor.
Such an individual is deemed not to have ceased to be a student
this subchapter derived otherwise than under this subsection, but
during an interim between school years if the interim is not more
compensation for disability or death does not accrue for a period for
which pay, other benefit, or gratuity from the United States accrues
than 4 months and if he shows to the satisfaction of the Secretary
to the disabled individual or his dependents on account of detention
that he has a bona fide intention of continuing to pursue a full-
by the enemy or because of the same disability or death, unless that
time course of study or training during the semester or other en-
pay, benefit, or gratuity is refunded or renounced.
rollment period immediately after the interim or during periods of
reasonable duration during which, in the judgment of the Secre-
§ 8103. Medical services and initial medical and other benefits.
tary, he is prevented by factors beyond his control from pursuing
(a) The United States shall furnish to an employee who is in injured
his education. A student whose 23rd birthday occurs during a
while in the performance of duty, the services, appliances, and supplies
semester or other enrollment period is deemed a student until the
prescribed or recommended by a qualified physician, which the Secre-
end of the semester or other enrollment period;
tary of Labor considers likely to cure, give relief, reduce the degree or
(18) "price index" means the Consumer Price Index (all
the period of disability, or aid in lessening the amount of the monthly
items-United States city average) published monthly by the
compensation. These services, appliances, and supplies shall be
Bureau of Labor Statistics; [and]
furnished-
(19) "base month" means the month of July 1966 and each
(1) whether or not disability has arisen;
later month which is used as a basis for calculating an increase
(2) notwithstanding that the employee has accepted or is en-
under section 8146a of this [title.] title;
(20) "organ" means a part of the body that performs a special
titled to receive benefits under subchapter III of chapter 83 of this
title or another retirement system for employees of the Govern-
function, and for purposes of this subchapter excludes the brain,
ment; and
heart, and back; and
(3) by or on the order of United States medical officers and hos-
(21) "United States medical officers and hospitals" includes
medical officers and hospitals of the Army, Navy, Air Force, Vet-
pitals, or, [when this is not practicable] at the employee's option,
erans' Administration, and United States Public Health Service,
by or on [the] order of [private] physicians and hospitals desig-
nated or approved by the Secretary.
and any other medical officer or hospital designated as a United
States medical officer or hospital by the Secretary of Labor.
The employee may [be furnished transportation and may be paid all
§ 8102. Compensation for disability or death of employee
expenses incident to the securing of these services, appliances, and
supplies which the Secretary considers necessary and reasonable.]
(a) The United States shall pay compensation as specified by this
initially select a physician to provide medical services, appliances, and
subchapter for the disability or death of an employee resulting from
supplies, in accordance with such regulations and instructions as the
personal injury sustained while in the performance of his duty, un-
Secretary considers necessary, and may be furnished necessary and
less the injury or death is-
reasonable transportation and expenses incident to the securing of such
(1) caused by willful misconduct of the employee;
services, appliances, and supplies. These expenses, when authorized or
(2) caused by the employee's intention to bring about the
approved by the Secretary, shall be paid from the Employees' Com-
injury or death of himself or of another; or
pensation Fund.
(3) proximately caused by the intoxication of the injured
(b) The Secretary, under such limitations or conditions as he con-
employee
siders necessary, may authorize the employing agencies to provide for
(b) Disability or death from a war-risk hazard or during or as a
the initial furnishing of medical and other benefits under this section.
result of capture, detention, or other restraint by a hostile force or
The Secretary may certify vouchers for these expenses out of the
individual, suffered by an employee who is employed outside the con-
Employees' Compensation Fund when the immediate superior of the
tinental United States or in Alaska or in the Canal Zone, is deemed to
employee certifies that the expense was incurred in respect to an
have resulted from personal injury sustained while in the performance
injury which was accepted by the employing agency as probably com-
of his duty, whether or not the employee was engaged in the course
pensable under this subchapter. The Secretary shall prescribe the
of employment when the disability or disability resulting in death
form and content of the certificate.
occurred or when he was taken by the hostile force or individual. This
§ 8104. Vocational rehabilitation
subsection does not apply to an individual-
(1) whose residence is at or in the vicinity of the place of his
(a) The Secretary of Labor may direct a permanently disabled indi-
employment and who was not living there solely because of the
vidual whose disability is compensable under this subchapter to
exigencies of his employment, unless he was injured or taken while
undergo vocational rehabilitation. The Secretary shall provide for
engaged in the course of his employment; or
furnishing the vocational rehabilitation services. In providing for
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§ 8107. Compensation schedule
these services, the Secretary, insofar as practicable, shall use the serv-
ices or facilities of State agencies and corresponding agencies which
(a) If there is permanent disability involving the loss, or loss of
[use of use, of a member or function of the body or involving dis-
cooperate with the Secretary of Health, Education, and Welfare in
figurement, the employee is entitled to basic compensation for the
carrying out the purposes of chapter 4 of title 29, except to the extent
that the Secretary of Labor provides for furnishing these services
disability, as provided by the schedule in subsection (c) of this section,
under section 8103 of this title. The cost of providing these services to
at the rate of 66% percent of his monthly pay. The basic compensa-
tion is—
individuals undergoing vocational rehabilitation under this section
shall be paid from the Employees' Compensation Fund. However, in
(1) payable regardless of whether the cause of the disability
originates in a part of the body other than that member;
reimbursing a State or corresponding agency under an arrangement
pursuant to this section the cost to the agency reimbursable in full
(2) payable regardless of whether the disability also involves
under section 32(b) (1) of title 29 is excluded.
another impairment of the body; and
(b) Notwithstanding section 8106, individuals directed to undergo
(3) in addition to compensation for temporary total or tempo-
vocational rehabilitation by the Secretary shall, while undergoing such
rary partial disability.
rehabilitation, receive compensation at the rate provided in sections
(b) With respect to any period after payments under subsection (a)
8105 and 8110 of this title, less the amount of any earnings received
of this section have ended, an employee is entitled to compensation
from remunerative employment, other than employment undertaken
as provided by-
(1) section 8105 of this title if the disability is total; or
pursuant to such rehabilitation.
(2) section 8106 of this title if the disability is partial.
§ 8105. Total disability
(c) The compensation schedule is as follows:
(a) If the disability is total, the United States shall pay the em-
(1) Arm lost, 312 weeks' compensation.
ployee during the disability monthly monetary compensation equal
(2) Leg lost, 288 weeks' compensation.
to 66% percent of his monthly pay, which is known as his basic com-
(3) Hand lost, 244 weeks' compensation.
pensation for total disability.
(4) Foot lost, 205 weeks' compensation.
(b) The loss of use of both hands, both arms, both feet, or both legs,
(5) Eye lost, 160 weeks' compensation.
or the loss of sight of both eyes, is prima facie permanent total
(6) Thumb lost, 75 weeks' compensation.
disability.
(7) First finger lost, 46 weeks' compensation.
§ 8106. Partial disability
(8) Great toe lost, 38 weeks' compensation.
(9) Second finger lost, 30 weeks' compensation.
(a) If the disability is partial, the United States shall pay the em-
(10) Third finger lost, 25 weeks' compensation.
ployee during the disability monthly monetary compensation equal
(11) Toe other than great toe lost, 16 weeks' compensation.
to 66% percent of the difference between his monthly pay and his
(12) Fourth finger lost, 15 weeks' compensation.
monthly wage-earning capacity after the beginning of the partial
(13) Loss of hearing-
disability, which is known as his basic compensation for partial
(A) complete loss of hearing of one ear, 52 weeks' com-
disability.
pensation; or
(b) The Secretary of Labor may require a partially disabled em-
(B) complete loss of hearing of both ears, 200 weeks'
ployee to report his earnings from employment or self-employment, by
compensation.
affidavit or otherwise, in the manner and at the times the Secretary
(14) Compensation for loss of binocular vision or for loss of 80
specifies. The employee shall include in the affidavit or report the
percent or more of the vision of an eye is the same as for loss of
value of housing, board, lodging, and other advantages which are part
the eye.
of his earnings in employment or self-employment and which can be
(15) Compensation for loss of more than one phalanx of a digit
estimated in money. An employee who-
is the same as for loss of the entire digit. Compensation for loss
(1) fails to make an affidavit or report when required; or
of the first phalanx is one-half of the compensation for loss of the
(2) knowingly omits or understates any part of his earnings;
entire digit.
forfeits his right to compensation with respect to any period for which
the affidavit or report was required. Compensation forfeited under this
(16) If, in the case of an arm or a leg, the member is amputated
subsection, if already paid, shall be recovered by a deduction from
above the wrist or ankle, compensation is the same as for loss of
the arm or leg, respectively.
the compensation payable to the employee or otherwise recovered
under section 8129 of this title, unless recovery is waived under that
(17) Compensation for loss of use of two or more digits or one
or more phalanges of each of two or more digits, of a hand or foot,
section.
is proportioned to the loss of use of the hand or foot occasioned
(c) A partially disabled employee who-
thereby.
(1) refuses to seek suitable work; or
(18) Compensation for permanent total loss of use of a member
(2) refuses or neglects to work after suitable work is offered
is the same as for loss of the member.
to, procured by, or secured for him;
(19) Compensation for permanent partial loss of use of a mem-
is not entitled to compensation.
ber may be for proportionate loss of use of the member. The degree
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(iii) If there is no widow or widower, to the child or
of loss of vision or hearing under this schedule is determined
children.
without regard to correction.
(iv) If there is no survivor in the above classes, to the
(20) In case of loss of use of more than one member or parts
parent or parents wholly or partly dependent for support
of more than one member as enumerated by this schedule, the
on the decedent, or to other wholly dependent relatives
compensation is for loss of use of each member or part thereof,
listed by section 8133 (5) of this title, or to both in pro-
and the awards run consecutively. However, when the injury af-
portions provided by regulation.
fects only two or more digits of the same hand or foot, paragraph
(v) If there is no survivor in the above classes and no
(17) of this subsection applies, and when partial bilateral loss of
burial allowance is payable under section 8134 of this title,
hearing is involved, compensation is computed on the loss as
an amount not exceeding that which would be expendable
affecting both ears.
under section 8134 of this title if applicable shall be paid to
(21) For serious disfigurement of the face, head, or neck of a
reimburse a person equitably entitled thereto to the extent and
character likely to handicap an individual in securing or main-
in the proportion that he has paid the burial expenses, but a
taining employment, proper and equitable compensation not to
compensated insurer or other person obligated by law or con-
exceed $3,500 shall be awarded in addition to any other compen-
tract to pay the burial expenses or a State or political sub-
sation payable under this schedule.
division or entity is deemed not equitably entitled.
(22) For permanent loss or loss of use of any other important ex-
(b) Payments under subsection (a) of this section, except for an
ternal or internal organ of the body as determined by the Secretary,
amount payable for a period preceding the death of the individual, are
proper and equitable compensation not to exceed 312 weeks' com-
at the basic rate of compensation for permanent disability specified by
pensation for each organ so determined shall be paid in addition to
section 8107(a) of this title even if at the time of death the individual
any other compensation payable under this schedule.
was entitled to the augmented rate specified by section 8110 of this
§ 8108. Reduction of compensation for subsequent injury to same
title.
member
(c) A surviving beneficiary under subsection (a) of this section, ex-
The period of compensation payable under the schedule in section
cept one under subsection (a) (D) (v), does not have a vested right to
8107 of this title is reduced by the period of compensation paid or
payment and must be alive to receive payment.
payable under the schedule for an earlier injury if-
(d) A beneficiary under subsection (a) of this section, except one
(1) compensation in both cases is for disability of the same
under subsection (a) (D) (v), ceases to be entitled to payment on the
member or function or different parts of the same member or
happening of an event which would terminate his right to compensa-
function or for disfigurement; and
tion for death under section 8133 of this title. When that entitlement
(2) the Secretary of Labor finds that compensation payable
ceases, compensation remaining unpaid under subsection (a) of this
for the later disability in whole or in part would duplicate the
section is payable to the surviving beneficiary in accordance with sub-
compensation payable for the preexisting disability.
section (a) of this section.
In such a case, compensation for disability continuing after the
§ 8110. Augmented compensation for dependents
scheduled period starts on expiration of that period as reduced under
(a) For the purpose of this section, "dependent" means-
this section.
(1) a wife, if-
§ 8109. Beneficiaries of awards unpaid at death; order of prece-
(A) she is a member of the same household as the em-
dence
ployee;
(a) If an individual-
(B) she is receiving regular contributions from the em-
(1) has sustained disability compensable under section 8107(a)
ployee for her support; or
of this title;
(C) the employee has been ordered by a court to contribute
(2) has filed a valid claim in his lifetime; and
to her support;
(3) dies from a cause other than the injury before the end
(2) a husband, if wholly dependent on the employee for sup-
of the period specified by the schedule;
port because of his own physical or mental disability;
the compensation specified by the schedule that is unpaid at his death,
(2) a husband, if-
whether or not accrued or due at his death, shall be paid-
(A) he is a member of the same household as the employee; or
(A) under an award made before or after the death;
(B) he is receiving regular contributions from the employee
(B) for the period specified by the schedule;
for his support; or
(C) to and for the benefit of the persons then in being within
(C) the employee has been ordered by a court to contribute
the classes and proportions and on the conditions specified by
to his support;
this section; and
(3) an unmarried child, while living with the employee or re-
(D) in the following order of precedence:
ceiving regular contributions from the employee toward his
(i) If there is no child, to the widow or widower.
support, and who is-
(ii) If there are both a widow or widower and a child or
(A) under 18 years of age; or
children, one-half to the widow or widower and one-half
(B) over 18 years of age and incapable of self-support
to the child or children.
because of physical or mental disability; and
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basis of an assumed monthly pay corresponding to the probable de-
(4) a parent, while wholly dependent on and supported by the
creased wage-earning capacity.
employee.
(b) If an individual without good cause fails to apply for
Notwithstanding paragraph (3) of this subsection, compensation pay-
and undergo vocational rehabilitation when so directed under section
able for a child that would otherwise end because the child has reached
8104 of this title, the Secretary, on review under section 8128 of this
18 years of age shall continue if he is a student as defined by section
title and after finding that in the absence of the failure the wage-
8101 of this title at the time he reaches 18 years of age for SO long as
earning capacity of the individual would probably have substantially
he continues to be such a student or until he marries.
increased, may reduce prospectively the monetary compensation of the
(b) A disabled employee with one or more dependents is entitled
individual in accordance with what would probably have been his
to have his basic compensation for disability augmented-
wage-earning capacity in the absence of the failure, until the individual
(1) at the rate of 8½ percent of his monthly pay if that compen-
in good faith complies with the direction of the Secretary.
sation is payable under section 8105 or 8107(a) of this title; and
(2) at the rate of 8½ percent of the difference between his
§ 8114. Computation of pay
monthly pay and his monthly wage-earning capacity if that
(a) For the purpose of this section-
compensation is payable under section 8106(a) of this title.
(1) "overtime pay" means pay for hours of service in excess
§ 8111. Additional compensation for services of attendants or
of a statutory or other basic workweek or other basic unit of
vocational rehabilitation
worktime, as observed by the employing establishment; and
(2) "year" means a period of 12 calendar months, or the
(a) The Secretary of Labor may pay an employee who has been
equivalent. thereof as specified by regulations prescribed by the
awarded compensation an additional sum of not more than [$300]
Secretary of Labor.
$500 a month, as the Secretary considers necessary, when the Secre-
(b) In computing monetary compensation for disability or death
tary finds that the service of an attendant is necessary constantly
on the basis of monthly pay, that pay is determined under this section.
because the employee is totally blind, or has lost the use of both hands
(c) The monthly pay at the time of injury is deemed one-twelfth
or both feet, or is paralyzed and unable to walk, or because of other
of the average annual earnings of the employee at that time. When
disability resulting from the injury making him so helpless as to re-
compensation is paid on a weekly basis, the weekly equivalent of
quire constant attendance.
the monthly pay is deemed one-fifty-second of the average annual
(b) The Secretary may pay an individual undergoing vocational
earnings. However, for SO much of a period of total disability as does
rehabilitation under section 8104 of this title additional compensation
not exceed 90 calendar days from the date of the beginning of com-
necessary for his maintenance, but not to exceed [$100] $200 a month.
pensable disability, the compensation, in the discretion of the Secre-
§ 8112. Maximum and minimum monthly payments
tary of Labor, may be computed on the basis of the actual daily
Except as provided by section 8138 of this title, the monthly rate of
wage of the employee at the time of injury in which event he may be
compensation for disability, including augmented compensation under
paid compensation for the days he would have worked but for the
section 8110 of this title but not including additional compensation
injury.
under section 8111 of this title, may not be more than 75 percent of
(d) Average annual earnings are determined as follows:
the monthly pay of the maximum rate of basic pay for GS-15, and in
(1) If the employee worked in the employment in which he was
case of total disability may not be less than 75 percent of the monthly
employed at the time of his injury during substantially the whole
pay of the minimum rate of basic pay for GS-2 or the amount of the
year immediately preceding the injury and the employment was
monthly pay of the employee, whichever is less.
in a position for which an annual rate of pay-
(A) was fixed, the average annual earnings are the annual
§ 8113. Increase or decrease of basic compensation
rate of pay; or
(a) If an individual-
(B) was not fixed, the average annual earnings are the
(1) was a minor or employed in a learner's capacity at the time
product obtained by multiplying his daily wage for the
of injury; and
particular employment, or the average thereof if the daily
(2) was not physically or mentally handicapped before the
wage has fluctuated, by 300 if he was employed on the
injury;
basis of a 6-day workweek, 280 if employed on the basis of
the Secretary of Labor, on review under section 8128 of this title after
a 5½-day week, and 260 if employed on the basis of a 5-day
the time the wage-earning capacity of the individual would probably
week.
have increased but for the injury, shall recompute prospectively the
(2) If the employee did not work in employment in which he
monetary compensation payable for disability on the basis of an
was employed at the time of his injury during substantially the
assumed monthly pay corresponding to the probable increased wage-
whole year immediately preceding the injury, but the position
earning capacity.
was one which wuold have afforded employment for substan-
[(b) The Secretary, on review under section 8128 of this title after
tially a whole year, the average annual earnings are a sum equal
a disabled employee becomes 70 years of age and his wage-earning
to the average annual earnings of an employee of the same class
capacity would probably have decreased because of old age aside from
working substantially the whole immediately preceding year in
and independently of the effects of the injury, may recompute pro-
the same or similar employment by the United States in the same
spectively the monetary compensation payable for disability on the
S.R. 1081-4
26
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or neighboring place, as determined under paragraph (1) of this
§ 8116. Limitations on right to receive compensation
subsection.
(3) If either of the foregoing methods of determining the average
(a) While an employee is receiving compensation under this sub-
annual earnings cannot be applied reasonably and fairly, the
chapter, or if he has been paid a lump sum in commutation of install-
average annual earnings are a sum that reasonably represents the
ment payments until the expiration of the period during which the
annual earning capacity of the injured employee in the employ-
installment payments would have continued, he may not receive salary,
ment in which he was working at the time of the injury having
pay, or remuneration of any type from the United States, except-
regard to the previous earnings of the employee in Federal em-
(1) in return for service actually performed; [and]
ployment, and of other employees of the United States in the same
(2) pension for service in the Army, Navy, or Air Force[.];
or most similar class working in the same or most similar employ-
(3) other benefits administered by the Veterans' Administra-
ment in the same or neighboring location, other previous em-
tion unless such benefits are payable for the same injury or the
ployment of the employee, or other relevant factors. However,
same death; and
the average annual earnings may not be less than 150 times the
(4) retired pay, retirement pay, retainer pay, or equivalent pay
average daily wage the employee earned in the employment during
for service in the Armed Forces or other uniformed services, sub-
the days employed within 1 year immediately preceding his injury.
ject to the reduction of such pay in accordance with section 5532
(4) If the employee served without pay or at nominal pay,
(b) of title 5, United States Code.
paragraphs (1), (2), and (3) of this subsection apply as far as
However, eligibility for or receipt of benefits under subchapter III
practicable, but the average annual earnings of the employee may
of chapter 83 of this title, or another retirement system for employees
not exceed the minimum rate of basic pay for GS-15. If the
of the Government, does not impair the right of the employee to com-
average annual earnings cannot be determined reasonably and
pensation for scheduled disabilities specified by section 8107(c) of this
fairly in the manner otherwise provided by this section, the
title.
average annual earnings shall be determined at the reasonable
(b) An individual entitled to benefits under this subchapter because
value of the service performed but not in excess of $3,600 a year.
of his injury, or because of the death of an employee, who also is
(e) The value of subsistence and quarters, and of any other form of
entitled to receive from the United States under a provision of statute
remuneration in kind for services if its value can be estimated in
other than this subchapter payments or benefits for that injury or
money, and premium pay under section 5545(c) (1) of this title are
death (except proceeds of an insurance policy), because of service by
included as part of the pay, but account is not taken of-
him (or in the case of death, by the deceased) as an employee or in the
(1) overtime pay;
armed forces, shall elect which benefits he will receive. The individual
(2) additional pay or allowance authorized outside the United
shall make the election within 1 year after the injury or death or
States because of differential in cost of living or other special
within a further time allowed for good cause by the Secretary of Labor.
circumstances; or
The election when made is irrevocable, except as otherwise provided
(3) bonus or premium pay for extraordinary service including
by statute.
bonus or pay for particularly hazardous service in time of war.
(c) The liability of the United States or an instrumentality thereof
§ 8115. Determination of wage-earning capacity
under this subchapter or any extension thereof with respect to the
injury or death of an employee is exclusive and instead of all other
(a) In determining compensation for partial disability, except
liability of the United States or the instrumentality to the employee,
permanent partial disability compensable under sections 8107-8109
his legal representative, spouse, dependents, next of kin, and any
of this title, the wage-earning capacity of an employee is determined
other person otherwise entitled to recover damages from the United
by his actual earnings if his actual earnings fairly and reasonably
States or the instrumentality because of the injury or death in a direct
represent his wage-earning capacity. If the actual earnings of the
judicial proceeding, in a civil action, or in admiralty, or by an admin-
employee do not fairly and reasonably represent his wage-earning
istrative or judicial proceeding under a workmen's compensation
capacity or if the employee has no actual earnings, his wage-earning
statute or under a Federal tort liability statute. However, this sub-
capacity as appears reasonable under the circumstances is determined
section does not apply to a master or a member of a crew of a vessel.
with due regard to—
(1) the nature of his injury;
§ 8117. Time of accrual of right
(2) the degree of physical impairment;
An employee is not entitled to compensation for the first 3 days of
(3) his usual employment;
temporary disability, except-
(4) his age;
(1) when the disability exceeds [21] 14 days;
(5) his qualifications for other employment;
(2) when the disability is followed by permanent disability; or
(6) the availability of suitable employment; and
(3) as provided by sections 8103 and 8104 of this title.
(7) other factors or circumstances which may affect his wage-
[§ 8118. Election to use annual or sick leave
earning capacity in his disabled condition.
(b) Section 8114(d) of this title is applicable in determining the
An employee may use annual or sick leave to his credit at the time
wage-earning capacity of an employee after the beginning of partial
disability begins, but his compensation for disability does not begin,
disability.
and the time periods specified by section 8117 of this title do not begin
to run, until the use of the annual or sick leave ends.]
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29
§ 8118. Continuation of pay; election to use annual or sick leave
in section 8133 of this title, or someone on his behalf. A notice of injury
(a) The United States shall authorize the continuation of pay of an
or death shall-
employee, as defined in section 8101(1) of this title (other than those
(a) be given within 30 days after the injury or death;
referred to in clause (B) or (E)), who has filed a claim for a period of
(b) be given to the immediate superior of the employee by personal
wage loss due to a traumatic injury with his immediate superior on a
delivery or by depositing it in the mail properly stamped and
form approved by the Secretary of Labor within the time specified in
addressed;
section 8122(a) (2) of this title.
(c) be in writing;
(b) Continuation of pay under this subchapter shall be furnished-
(d) state the name and address of the employee;
(1) without a break in time unless controverted under regulations
(e) state the year, month, day, and hour when and the partic-
of the Secretary;
ular locality where the injury or death occurred;
(2) for a period not to exceed 45 days; and
(f) state the cause and nature of the injury, or in the case of
(3) under accounting procedures and such other regulations as
death, the employment factors believed to be the cause; and
the Secretary may require.
(g) be signed by and contain the address of the individual giving
(c) An employee may use annual or sick leave to his credit at the time
the notice.
the disability begins, but his compensation for disability does not begin,
§ 8120. Report of injury
and the time periods specified by section 8117 of this title do not begin to
Immediately after an injury to an employee which results in his
run, until termination of pay as set forth in subsections (a) and (b) or the
death or probable disability, his immediate superior shall report to
use of annual or sick leave ends.
the Secretary of Labor. The Secretary may-
(d) If a claim under subsection (a) is denied by the Secretary, payments
(1) prescribe the information that the report shall contain;
under this section shall, at the option of the employee, be charged to sick
(2) require the immediate superior to make supplemental
or annual leave or shall be deemed overpayments of pay within the meaning
reports; and
of Section 5584 of title 5, United States Code.
(3) obtain such additional reports and information from
(e) Payments under this section shall not be considered compensation as
employees as are agreed on by the Secretary and the head of the
defined by section 8101 (12) of this title.
employing agency.
[§ 8119. Notice of injury; failure to give]
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543).
[(a) An employee injured in the performance of his duty, or some-
§ 8121. Claim
one on his behalf, shall give notice thereof. The notice shall-
Compensation under this subchapter may be allowed only if an
[(1) be given within 48 hours after the injury;
individual or someone on his behalf makes claim therefor. The claim
[(2) be given to the immediate superior of the employee by
shall-
personal delivery or by depositing it in the mail properly stamped
(1) be made in writing within the time specified by section
and addressed;
8122 of this title;
[(3) be in writing;
(2) be delivered to the office of the Secretary of Laobr or to an
[(4) state the name and address of the employee;
individual whom the Secretary may designate by regulation, or
[(5) state the year, month, day, and hour when and the par-
deposited in the mail properly stamped and addressed to the
ticular locality where the injury occured;
Secretary or his designee;
[(6) state the cause and nature of the injury; and
(3) be on a form [furnished] approved by the Secretary;
[(7) be signed by and contain the address of the individual giv-
(4) contain all information required by the Secretary;
ing the notice.
(5) be sworn to by the individual entitled to compensation or
[(b) Compensation may be allowed only if the notice is given within
someone on his behalf; and
48 hours after the injury or if the immediate superior of the employee
(6) except in case of death, be accompanied by a certificate of
has actual knowledge of the injury. However, the Secretary of Labor
the physician of the employee stating the nature of the injury and
may allow compensation if-
the nature and probable extent of the disability.
[(1) the notice is filed within 1 year after the injury and reason-
The Secretary may waive paragraphs (3)-(6) of this section for
able cause for the delay is shown; or
reasonable cause shown.
[(2) the requirement for 48 hours' notice is waived under sec-
tion 8122 of this title.
§ 8122. Time for making claim
§ 8119. Notice of injury or death
[(a) An original claim for compensation-
[(1) for death shall be made within 1 year after the death; and
An employee injured in the performance of his duty, or someone on
[(2) for disability shall be made within 60 days after the injury.
his behalf, shall give notice thereof. Notice of a death believed to be
However, the Secretary of Labor may allow an original claim for
related to the employment shall be given by an eligible beneficiary specified
disability to be made within 1 year after the injury for reasonable
cause shown.]
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(a) An original claim for compensation for disability or death must
(b) An employee is entitled to be paid expenses incident to an
be filed within 3 years after the injury or death. Compensation for dis-
examination required by the Secretary which in the opinion of the
ability or death, including medical care in disability cases, may not be
Secretary are necessary and reasonable, including transportation and
allowed if claim is not filed within that time unless-
loss of wages incurred in order to be examined. The expenses, when
(1) the immediate superior had actual knowledge of the injury
authorized or approved by the Secretary, are paid from the Employees'
or death within 30 days. The knowledge must be such to put the
Compensation Fund.
immediate superior reasonably on notice of an on-the-job injury
(c) The Secretary shall fix the fees for examinations held under
or death; or
this section by physicians not employed by or under contract to the
(2) written notice of injury or death as specified in section 8119
United States to furnish medical services to employees. The fees,
of this title was given within 30 days.
when authorized or approved by the Secretary, are paid from the
(b) In a case of latent disability, the time for filing claim does not
Employees' Compensation Fund.
begin to run.until the employee has a compensable disability and is
(d) If an employee refuses to submit to or obstructs an examination,
aware, or by the exercise of reasonable diligence should have been
his right to compensation under this subchapter is suspended until
aware, of the causal relationship of the compensable disability to his
the refusal or obstruction stops. Compensation is not payable while a
employment. In such a case, the time for giving notice of injury begins
refusal or obstruction continues, and the period of the refusal or
to run when the employee is aware, or by the exercise of reasonable
obstruction is deducted from the period for which compensation is
diligence should have been aware, that his condition is causally related
payable to the employee.
to his employment, whether or not there is a compensable disability.
[(c) The Secretary may waive compliance with the requirements of
§ 8124. Findings and award; hearings
this subchapter for giving notice of injury and for filing claim for
(a) The Secretary of Labor shall determine and make a finding of
compensation for disability or death if-
facts and make an award for or against payment of compensation
[(1) a claim is filed within 5 years after the injury or death;
under this subchapter after-
and
(1) considering the claim presented by the beneficiary and the
[(2) the Secretary finds—
report furnished by the immediate superior; and
[(A) that the failure to comply was due to circumstances
(2) completing such investigation as he considers necessary.
beyond the control of the individual claiming benefits; or
(b) (1) Before review under section 8128(a) of this title, a claimant
[(B) that the individual claiming benefits has shown suffi-
for compensation not satisfied with a decision of the Secretary under
cient cause or reason in explanation of, and material preju-
subsection (a) of this section is entitled, on request made within 30
dice to the interest of the United States has not resulted
days after the date of the issuance of the decision, to a hearing on
from, the failure.]
his claim before a representative of the Secretary. At the hearing, the
(c) The timely filing of a disability claim because of injury will
claimant is entitled to present evidence in further support of his
satisfy the time requirements for a death claim based on the same injury.
claim. Within 30 days after the hearing ends, the Secretary shall
(d) The time limitations in subsections [(a)-(c)] (a) and (b) of
notify the claimant in writing of his further decision and any modifica-
this section do not-
tions of the award he may make and of the basis of his decision.
(1) begin to run against a minor until he reaches 21 years of
(2) In conducting the hearing, the representative of the Secretary
age or has had a legal representative appointed; or
is not bound by common law or statutory rules of evidence, by tech-
(2) run against an incompetent individual while he is incompe-
nical or formal rules of procedure, or by section 554 of this title
tent and has no duly appointed legal representative] or
except as provided by this subchapter, but may conduct the hearing
(3) run against any individual whose failure to comply is ex-
in such manner as to be ascertain the rights of the claimant. For this
cused by the Secretary on the ground that such notice could not
purpose, he shall receive such relevant evidence as the claimant
be given because of exceptional circumstances.
adduces and such other evidence as he determines necessary or useful
§ 8123. Physical examinations
in evaluating the claim.
(a) An employee shall submit to examination by a medical officer
§ 8125. Misbehavior at proceedings
of the United States, or by a physician designated or approved by the
If an individual-
Secretary of Labor, after the injury and as frequently and at the
(1) disobeys or resists a lawful order or process in proceedings
times and places as may be reasonably required. The employee may
under this subchapter before the Secretary of Labor or his repre-
have a physician designated and paid by him present to participate
sentative; or
in the examination. If there is disagreement between the physician
(2) misbehaves during a hearing or SO near the place of hearing
making the examination for the United States and the physician of
as to obstruct it;
the employee, the Secretary shall appoint a third physician who shall
the Secretary or his representative shall certify the facts to the district
make an examination.
court having jurisdiction in the place where he is sitting. The court,
in a summary manner, shall hear the evidence as to the acts com-
33
32
(c) A certifying or disbursing official is not liable for an amount
plained of and if the evidence warrants, punish the individual in the
certified or paid by him when-
same manner and to the same extent as for a contempt committed
(1) adjustment or recovery of the amount is waived under
before the court, or commit the individual on the same conditions as
subsection (b) of this section; or
if the forbidden act had occurred with reference to the process of or
(2) adjustment under subsection (a) of this section is not com-
in the presence of the court.
pleted before the death of all individuals against whose benefits
deductions are authorized.
§ 8126. Subpenas; oaths; examination of witnesses
The Secretary of Labor, on any matter within his jurisdiction under
§ 8130. Assignment of claim
this subchapter, may-
An assignment of a claim for compensation under this subchapter
(1) issue subpenas for and compel the attendance of witnesses
is void. Compensation and claims for compensation are exempt from
within a radius of 100 miles;
claims of creditors.
(2) administer oaths;
§ 8131. Subrogation of the United States
(3) examine witnesses; and
(a) If an injury or death for which compensation is payable under
(4) require the production of books, papers, documents, and
this subchapter is caused under circumstances creating a legal liability
other evidence.
on a person other than the United States to pay damages, the Secretary
§ 8127. Representation; attorneys' fees
of Labor may require the beneficiary to-
(a) A claimant may authorize an individual to represent him in any
(1) assign to the United States any right of action he may have
proceeding under this subchapter before the Secretary of Labor.
to enforce the liability or any right he may have to share in
(b) A claim for legal or other services furnished in respect to a case,
money or other property received in satisfaction of that liability;
claim, or award for compensation under this subchapter is valid only
or
if approved by the Secretary.
(2) prosecute the action in his own name.
An employee required to appear as a party or witness in the prosecu-
§ 8128. Review of award
tion of such an action is in an active duty status while SO engaged.
(a) The Secretary of Labor may review an award for or against
(b) A beneficiary who refuses to assign or prosecute an action in his
payment of compensation at any time on his own motion or on appli-
own name when required by the Secretary is not entitled to compensa-
cation. The Secretary, in accordance with the facts found on review
tion under this subchapter.
may-
(c) The Secretary may prosecute or compromise a cause of action
(1) end, decrease, or increase the compensation previously
assigned to the United States. When the Secretary realizes on the
awarded; or
cause of action, he shall deduct therefrom and place to the credit of
(2) award compensation previously refused or discontinued.
the Employees' Compensation Fund the amount of compensation
(b) The action of the Secretary or his designee in allowing or deny-
already paid to the beneficiary and the expense of realization or
ing a payment under this subchapter is-
collection. Any surplus shall be paid to the beneficiary and credited
(1) final and conclusive for all purposes and with respect to all
on future payments of compensation payable for the same injury.
questions of law and fact; and
However, the beneficiary is entitled to not less than one-fifth of the
(2) not subject to review by another official of the United
net amount of a settlement or recovery remaining after the expenses
States or by a court by mandamus or otherwise.
thereof have been deducted.
Credit shall be allowed in the accounts of a certifying or disbursing
(d) If an injury or death for which compensation is payable under
official for payment in accordance with that action.
this subchapter is caused under circumstances creating a legal liability
§ 8129. Recovery of overpayments
in the Panama Canal Company to pay damages under the law of a
State, a territory or possession of the United States, the District of
(a) When an overpayment has been made to an individual under
Columbia, or a foreign country, compensation is not payable until
this subchapter because of an error of fact or law, adjustment shall be
the individual entitled to compensation-
made under regulations prescribed by the Secretary of Labor by de-
(1) releases to the Panama Canal Company any right of action
creasing later payments to which the individual is entitled. If the
he may have to enforce the liability of the Panama Canal
individual dies before the adjustment is completed, adjustment shall
Company; or
be made by decreasing later benefits payable under this subchapter
(2) assigns to the United States any right he may have to share
with respect to the individual's death.
in money or other property received in satisfaction of the liability
(b) Adjustment or recovery by the United States may not be made
of the Panama Canal Company.
when incorrect payment has been made to an individual who is without
fault and when adjustment or recovery would defeat the purpose of
§ 8132. Adjustment after recovery from a third person
this subchapter or would be against equity and good conscience.
If an injury or death for which compensation is payable under this
subchapter is caused under circumstances creating a legal liability in
34
35
a person other than the United States to pay damages, and a benefici-
(B) 30 percent if more than one was wholly dependent,
ary entitled to compensation from the United States for that injury or
divided among the dependents share and share alike; or
death receives money or other property in satisfaction of that liability
(C) 10 percent if no one is wholly dependent but one or
as a result of suit or settlement by him or in his behalf, the beneficiary,
more is partly dependent, divided among the dependents
after deducting therefrom the costs of suit and a reasonable attorney's
share and share alike.
fee, shall refund to the United States the amount of compensation paid
If there is a widow, widower, or child, or dependent parent, SO
by the United States and credit any surplus on future payments of
much of the percentages are payable as, when added to the total
compensation payable to him for the same injury. No court, insurer,
percentages payable to the widow, widower, children, and de-
attorney, or other person shall pay or distribute to the beneficiary or
pendent parents, will not exceed a total of 75 percent.
his designee the proceeds of such suit or settlement without first satis-
(b) The compensation payable under subsection (a) of this section
fying or assuring satisfaction of the interest of the United States. The
is paid from the time of death until-
amount refunded to the United States shall be credited to the Em-
(1) a widow or widower dies or remarries before reaching age
ployees' Compensation Fund. If compensation has not been paid to
60;
the beneficiary, he shall credit the money or property on compensa-
[(2) a widower dies or remarries or becomes capable of self-
tion payable to him by the United States for the same injury. How-
support;]
ever, the beneficiary is entitled to retain, as a minimum, at least one-
[(3)] (2) a child, a brother, a sister, or a grandchild [dies or
fifth of the net amount of the money or other property remaining after
marries] dies, marries, or becomes 18 years of age, or if over
the expenses of a suit or settlement have been deducted plus] and
age 18 and incapable of self-support becomes capable of self-
in addition to this minimum and at the time of distribution, an amount
support; or
equivalent to a reasonable attorney's fee proportionate to the refund
[(4)] (3) a parent or grandparent dies [or marries] dies,
to the United States.
marries, or ceases to be dependent.
§ 8133. Compensation in case of death
Notwithstanding paragraph [(3)] (2) of this subsection, compensa-
(a) If death results from an injury sustained in the performance of
tion payable to or for a child, a brother or sister, or [a] grandchild
that would otherwise end because the child, brother or sister, or grand-
duty, the United States shall pay a monthly compensation equal to a
child has reached 18 years of age shall continue if he is a student as
percentage of the monthly pay of the deceased employee in accordance
defined by section 8101 of this title at the time he reaches 18 years of
with the following schedule:
age for SO long as he continues to be such a student or until he marries.
(1) To the widow or widower, if there is no child, [45] 50
A widow or widower who has entitlements to benefits under this title
percent.
derived from more than one husband or wife shall elect one entitlement
(2) To the widow or widower, if there is a child, [40] 45 per-
to be utilized.
cent and in addition 15 percent for each child not to exceed a total
(c) On the cessation of compensation under this section to or on
of 75 percent for the widow or widower and children.
account of an individual, the compensation of the remaining individ-
(3) To the children, if there is no widow or widower, [35] 40
percent for one child and 15 percent additional for each additional
uals entitled to compensation for the unexpired part of the period
during which their compensation is payable, is that which they would
child not to exceed a total of 75 percent, divided among the chil-
have received if they had been the only individuals entitled to com-
dren share and share alike.
pensation at the time of the death of the employee.
(4) To the parents, if there is no widow, widower, or child, as
(d) When there are two or more classes of individuals entitled to
follows-
compensation under this section and the apportionment of compensa-
(A) 25 percent if one parent was wholly dependent on the
tion under this section would result in injustice, the Secretary may
employee at the time of death and the other was not depend-
modify the apportionment to meet the requirements of the case.
ent to any extent;
(e) In computing compensation under this section, the monthly
(B) 20 percent to each if both were wholly dependent; or
pay is deemed not less than the minimum rate of basic pay for GS-2.
(C) a proportionate amount in the discretion of the Secre-
However, the total monthly compensation may not exceed—
tary of Labor if one or both were partly dependent.
(1) the monthly pay computed under section 8114 of this title,
If there is a widow, widower, or child, SO much of the percentages
except for increases authorized by section 8146a of this title; or
are payable as, when added to the total percentages payable to the
(2) 75 percent of the monthly pay of the maximum rate of
widow, widower, and children, will not exceed a total of 75
basic pay for GS-15.
percent.
(f) Notwithstanding any funeral and burial expenses paid under
(5) To the brothers, sisters, grandparents, and grandchildren,
section 8134, there shall be paid a sum of $200 to the personal repre-
if there is no widow, widower, child, or dependent parent as
sentative of a deceased employee within the meaning of section 8101
follows-
(1) of this title for reimbursement of the costs of termination of the de-
(A) 20 percent if one was wholly dependent on the em-
cedent's status an an employee of the United States.
ployee at the time of death;
36
37
§ 8134. Funeral expenses; transportation of body
(a) If death results from an injury sustained in the performance of
compensation and initial furnishing of other benefits under this sub-
duty, the United States shall pay, to the personal representative of
chapter by an employee or agent of the United States designated by
the deceased or otherwise, funeral and burial expenses not to exceed
the Secretary for that purpose in the locality in which the employee
$800, in the discretion of the Secretary of Labor.
was employed or the injury incurred.
(b) The body of an employee whose home is in the United States,
§ 8137. Compensation for noncitizens and nonresidents
in the discretion of the Secretary may be embalmed and transported
(a) When the Secretary of Labor finds that the amount of com-
in a hermetically sealed casket to his home or last place of residence
pensation payable to an employee who is neither a citizen nor resident
at the expense of the Employees' Compensation Fund if-
of the United States or Canada, or payable to a dependent of such
(1) the employee dies from-
an employee, is substantially disproportionate to compensation for
(A) the injury while away from his home or official station
disability or death payable in similar cases under local statute, regu-
or outside the United States; or
lations, custom, or otherwise at the place outside the continental
(B) from other causes while away from his home or official
United States or Canada where the employee is working at the time
station for the purpose of receiving medical or other services,
of injury, he may provide for payment of compensation on a basis
appliances, supplies, or examination under this subchapter;
reasonably in accord with prevailing local payments in similar cases
and
by-
(2) the relatives of the employee request the return of his
(1) the adoption or adaption of the substantive features, by a
body.
schedule or otherwise, of local workmen's compensation provisions
If the relatives do not, request the return of the body of the employee,
or other local statute, regulation, or custom applicable in cases
the Secretary may provide for its disposition and incur and pay from
of personal injury or death; or
the Employees' Compensation Fund the necessary and reasonable
(2) establishing special schedules of compensation for injury,
transportation, funeral, and burial expenses.
death, and loss of use of members and functions of the body for
§ 8135. Lump-sum payment
specific classes of employees, areas, and places.
(a) The liability of the United States for compensation to a bene-
Irrespective of the basis adopted, the Secretary may at any time-
ficiary in the case of death or of permanent total or permanent partial
(A) modify or limit the maximum monthly and total aggregate
disability may be discharged by a lump-sum payment equal to the
payments for injury, death, and medical or other benefits;
present value of all future payments of compensation computed at
(B) modify or limit the percentages of the wage of the em-
4 percent true discount compounded annually if-
ployee payable as compensation for the injury or death; and
(1) the monthly payment to the beneficiary is less than [$5]
(C) modify, limit, or redesignate the class or classes of bene-
$50 a month;
ficiaries entitled to death benefits, including the designation of
(2) the beneficiary is or is about to become a nonresident of the
persons, representatives, or groups entitled to payment under
United States; or
local statute or custom whether or not included in the classes of
(3) the Secretary of Labor determines that it is for the best
beneficiaries otherwise specified by this subchapter.
interest of the beneficiary.
(b) In a case under this section, the Secretary or his designee may-
The probability of the death of the beneficiary before the expiration
(1) make a lump-sum award in the manner prescribed by
of the period during which he is entitled to compensation shall be
section 8135 of this title when he or his designee considers it to
determined according to the [American Experience Table of Mor-
be for the best interest of the United States; and
tality] most current United States Life Tables, as developed by the
(2) compromise and pay a claim for benefits, including a
United States Department of Health, Education, and Welfare, which
claim in which there is a dispute as to jurisdiction or other fact
shall be updated from time to time, but the lump-sum payment to a
or a question of law.
widow or widower of the deceased employee may not exceed 60 months'
Compensation paid under this subsection is instead of all other
compensation. The probability of the happening of any other con-
compensation from the United States for the same injury or death,
tingency affecting the amount or duration of compensation shall be
and a payment made under this subsection is deemed compensation
disregarded.
under this subchapter and is satisfaction of all liability of the United
(b) On remarriage before reaching age 60, a widow or widower en-
States in respect to the particular injury or death.
titled to compensation under section 8133 of this title, shall be paid a
(c) The Secretary may delegate to an employee or agency of the
lump sum equal to twenty-four times the monthly compensation pay-
United States, with such limitations and right of review as he con-
ment (excluding compensation on account of another individual) to
siders advisable, authority to process, adjudicate, commute by lump-
which he was entitled immediately before the remarriage.
sum award, compromise, and pay a claim or class of claims for com-
§ 8136. Initial payments outside the United States
pensation, and to provide other benefits, locally, under this section,
If an employee is injured outside the continental United States, the
in accordance with such regulations and instructions as the Secretary
Secretary of Labor may arrange and provide for initial payment of
considers necessary. For this purpose, the Secretary may provide or
transfer funds, including reimbursement of amounts paid under this
subchapter.
38
39
(d) The Secretary may waive the application of this subchapter in
or not an injury, disease, or illness was incurred or contracted in line
whole or in part and for such period or periods as he may fix if he
of duty and was the proximate result of the performance of military
finds that-
training by the member concerned or of his travel to or from that
(1) conditions prevent the establishment of facilities for
military training.
processing and adjudicating claims under this section; or
(c) In computing the compensation payable under this section, the
(2) claimants under this section are alien enemies.
monthly pay received by the injured or deceased individual, in cash
(e) The Secretary may apply this section retrospectively with
and kind, is deemed $150.
adjustment of compensation and benefits as he considers necessary
(d) The Secretary of the military department concerned shall co-
and proper.
operate fully with the Department of Labor in the prompt investiga-
§ 8138. Minimum limit modification for noncitizens and aliens
tion and prosecution of a case involving the legal liability of a third
(a) Except as provided by subsection (b) of this section, the mini-
party other than the United States.
mum limit on monthly compensation for disability under section 8112
(e) An individual may not receive disability benefits under this
of this title and the minimum limit on monthly pay on which death
section while on active duty with the armed forces, but these benefits
may be reinstated when the individual is released from that active
compensation is computed under section 8133 of this title do not apply
in the case of a noncitizen employee, or a class or classes of noncitizen
duty.
employees, who sustain injury outside the continental United States.
(f) Expenses incurred by a military department in providing hos-
The Secretary of Labor may establish a minimum monthly pay on
pitalization, medical and surgical care, necessary transportation in-
which death compensation is computed in the case of a class or classes
cident to that hospitalization or medical and surgical care, or in con-
of such noncitizen employees.
nection with a funeral and burial on behalf of an individual covered by
(b) The President may remove or modify the minimum limit on
subsection (a) of this section shall be reimbursed by the Secretary of
monthly compensation for disability under section 8112 of this title
Labor from the Employees' Compensation Fund in accordance with
and the minimum limit on monthly pay on which death compensation
this subchapter. However, reimbursement may not be made for
is computed under section 8133 of this title in the case of an alien
hospitalization or medical or surgical care provided an individual
employee, or a class or classes of alien employees, of the Canal Zone
while attending field training or a practice cruise under chapter 103
of title 10.
Zone Government or the Panama Canal Company.
§ 8139. Employees of the District of Columbia
§ 8141. Civil Air Patrol volunteers
Compensation awarded to an employee of the government of the
(a) Subject to the provisions of this section, this subchapter applies
District of Columbia shall be paid in the manner provided by statute
to a volunteer civilian member of the Civil Air Patrol, except a Civil
Air Patrol Cadet.
for the payment of the general expenses of the government of the
District of Columbia.
(b) In administering this subchapter for a member of the Civil
Air Patrol convered by this section-
§ 8140. Members of the Reserve Officers' Training Corps
(1) the monthly pay of a member is deemed $300 for the purpose
(a) Subject to the provisions of this section, this subchapter applies
of computing compensation for disability or death;
to a member of, or applicant for membership in, the Reserve Officers'
(2) the percentages applicable to payments under section 8133
Training Corps of the Army, Navy, or Air Force who suffers disability
of this title are-
or death from an injury incurred in line of duty-
(A) 45 percent for section 8133(a)(2) of this title, if the
(1) while engaged in a flight or in flight instruction under
member dies fully or currently insured under subchapter
chapter 103 of title 10; or
II of chapter 7 of title 42, with no additional payments for
(2) while performing authorized travel to or from, or while
a child or children while the widow or widower remains
attending, field training or a practice cruise under chapter 103
eligible for payments under section 8133(a) (2) of this title;
of title 10.
(B) 20 percent for section 8133(a)(3) of this title for one
(b) For the purpose of this section, an injury is incurred in line of
child and 10 percent additional for each additional child,
duty only if it is the proximate result of the performance of military
but not to exceed a total of 75 percent, if the member died
training by the member concerned, or of his travel to or from that
fully or currently insured under subchapter II of chapter 7
training, during the periods specified by subsection (a) (2) of this
of title 42; and
section. A member or applicant for membership who contracts a dis-
(C) 25 percent for section 8133(a)(4) of this title, if one
sease or illness which is the proximate result of the performance of
parent was wholly dependent on the deceased member at
training during the periods specified by subsection (a) (2) of this
the time of his death and the other was not dependent to any
section is considered for the purpose of this section to have been in-
extent; 16 percent to each, if both were wholly dependent;
jured in line of duty during that period. Subject to review by the
and if one was or both were partly dependent, a proportionate
Secretary of Labor, the Secretary of the military department con-
amount in the discretion of the Secretary of Labor;
cerned, under regulations prescribed by him, shall determine whether
40
41
(3) a payment may not be made under section 8133 of
(C) proximately caused by the intoxication of the injured
this title;
volunteer; and
(4) "performance of duty" means only active service, and
(4) the period of service of an individual as a volunteer
travel to and from that service, rendered in performance or support
includes—
of operational missions of the Civil Air Patrol under direction of
(A) any period of training under section 2507 of title 22
the Department of the Air Force and under written authorization
before enrollment as a volunteer; and
by competent authority covering a specific assignment and
(B) the period between enrollment as a volunteer and the
prescribing a time limit for the assignment; and
termination of service as a volunteer by the President or by
(5) the Secretary of Labor or his designee shall inform the
death or resignation.
Secretary of Health, Education, and Welfare, when a claim is
§ 8143. Job Corps enrollees; volunteers in service to America
filed and eligibility for compensation is established under section
(a) Subject to the provisions of this subsection, this subchapter
8133 (2) or (3) of this title, and the Secretary of Health,
applies to an enrollee in the Job Corps, except that compensation for
Education, and Welfare shall certify to the Secretary of Labor
disability does not begin to accrue until the day after the date on
as to whether or not the member concerned was fully or currently
which the injured enrollee is terminated. In administering this sub-
insured under subchapter II of chapter 7 of title 42 at the time of
chapter for an enrollee covered by this subsection-
his death.
(1) the monthly pay of an enrollee is deemed that received at
(c) The Secretary of Labor or his designee may inform the Secretary
the minimum rate for GS-2;
of the Air Force or his designee when a claim is filed. The Secretary
(2) section 8113 (a) [, (b) of this title applies to an enrolee; and
of the Air Force, on request of the Secretary of Labor, shall advise
(3) "performance of duty" does not include an act of an en-
him of the facts concerning the injury and whether or not the member
rollee while absent from his assigned post of duty, except while
was rendering service, or engaged in travel to or from service, in
participating in an activity (including an activity while on pass or
performance or support of an operational mission of the Civil Air
during travel to or from the post of duty) authorized by or under
Patrol at the time of injury. This subsection does not dispense with
the direction and supervision of the Job Corps.
the report of the immediate superior of the member required by
(b) This subchapter applies to a volunteer in service to America
section 8120 of this title, or other reports agreed on under that section.
who receives either a living allowance or a stipend under part A of
§ 8142. Peace Corps volunteers
subchapter VIII of chapter 34 of title 42, with respect to that service
(a) For the purpose of this section, "volunteer" means—
and training, to the same extent as enrollees of the Job Corps under
(1) a volunteer enrolled in the Peace Corps under section 2504
subsection (a) of this section. However, for the purpose of the com-
of title 22;
putation described in subsection (a) (1) of this section, the monthly
(2) a volunteer leader enrolled in the Peace Corps under section
pay of a volunteer is deemed that received at the minimum rate for
GS-7.
2505 of title 22; and
(3) an applicant for enrollment as a volunteer or volunteer
§ 8143a. Members of the National Teacher Corps
leader during a period of training under section 2507 of title 22
Subject to the provisions of this section, this subchapter applies to a
before enrollment.
member of the National Teacher Corps. In administering this sub-
(b) Subject to the provisions of this section, this subchapter applies
chapter for a member covered by this section-
to a volunteer, except that entitlement to disability compensation
(1) "performance of duty" does not include an act of a member
payments does not commence until the day after the date of termina-
while-
tion of his service as a volunteer.
(A) on authorized leave; or
(c) For the purpose of this subchapter-
(B) absent from his assigned post of duty, except while
(1) a volunteer is deemed receiving monthly pay at the
participating in an activity authorized by or under the
minimum rate for GS-7;
direction or supervision of the Commissioner of Education;
(2) a volunteer leader referred to by section 2505 of title 22, or a
and
volunteer with one or more minor children as defined in section
(2) In computing compensation for disability or death, the
2504 of title 22, is deemed receiving monthly pay at the minimum
monthly pay of a member is deemed his actual pay or that
rate for GS-11;
received at the minimum rate for GS-6, whichever is greater.
(3) an injury suffered by a volunteer when he is outside the
several States and the District of Columbia is deemed proxi-
§ 8144. Student-employees
mately caused by his employment, unless the injury or disease
A student-employee as defined by section 5351 of this title who
is-
suffers disability or death as a result of personal injury arising out of
(A) caused by willful misconduct of the volunteer;
and in the course of training, or incurred in the performance of duties
(B) caused by the volunteer's intention to bring about the
in connection with that training, is considered for the purpose of this
injury or death of himself or of another; or
subchapter an employee who incurred the injury in the performance
of duty.
42
43
§ 8145. Administration
§ 8146a. Cost-of-living adjustment of compensation
The Secretary of Labor shall administer, and decide all questions
(a) Each month the Secretary of Labor shall determine the per-
arising under, this subchapter. He may-
cent change in the price index. Effective the first day of the [third]
(1) appoint employees to administer this subchapter; and
month which begins after the price index change equals a rise of at
(2) delegate to any employee of the Department of Labor any
least 3 percent for 3 consecutive months over the price index for the
of the powers conferred on him by this subchapter.
latest base month, compensation payable on account of disability or
§ 8146. Administration for the Canal Zone and The Alaska Rail-
death which occurred more than 1 year before that first day shall be
road
increased by the percent rise in the price index (calculated on the high-
(a) The President, from time to time, may transfer the administra-
est level of the price index during the 3 consecutive months) adjusted
tion of this subchapter-
to the nearest one-tenth of 1 percent.
(1) SO far as employees of the Canal Zone Government and of
(b) The [monthly compensation] regular periodic compensation
the Panama Canal Company are concerned to the Governor of
payments after adjustment under this section shall be fixed at the
the Canal Zone; and
nearest dollar. However, the [monthly] regular periodic compensation
(2) SO far as employees of The Alaska Railroad are concerned
after adjustment shall reflect an increase of at least $1.
to the general manager of The Alaska Railroad.
(c) This section shall be applicable to persons excluded by section 15
(b) When administration is transferred under subsection (a) of this
of the Federal Employees' Compensation Act Amendments of 1966
section, the expenses incident to physical examinations which are
(P.L. 89-488) under the following statutes: Act of Feb. 15, 1934 (48
payable under section 8123 of this title shall be paid from appropria-
Stat. 351); Act of June 26, 1936 (49 Stat. 2035); Act of April 8, 1935
tions for the Canal Zone Government or for The Alaska Railroad or
(49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); P.L. 84-955 (Aug. 3,
from funds of the Panama Canal Company, as the case may be, in-
1956); P.L. 77-784 (Dec. 2, 1942); P.L. 84-879 (Aug. 1, 1956); P.L.
stead of from the Employees' Compensation Fund. The President
80-896. (July 3, 1948); Act of September 8, 1959 (73 Stat. 469). Benefit
may authorize the Governor of the Canal Zone and the general
payments to these persons shall initially be increased by the total percent-
manager of The Alaska Railroad to pay the compensation provided
age of the increases in the price index from the base month of July, 1966,
by this subchapter, including medical, surgical, and hospital services
to the next most recent base month following the effective date of this
subsection.
and supplies under section 8103 of this title and the transportation
and burial expenses under sections 8103 and 8134 of this title, from
§ 8147. Employees' Compensation Fund
appropriations for the Canal Zone Government and for The Alaska
(a) There is in the Treasury of the United States the Employees'
Railroad, and these appropriations shall be reimbursed for the pay-
Compensation Fund which consists of sums that Congress, from time
ments by transfer of funds from the Employees' Compensation
to time, may appropriate for or transfer to it, and amounts that other-
Fund.
wise accrue to it under this subchapter or other statute. The Fund is
(c) The President may authorize the Governor of the Canal Zone to
available without time limit for the payment of compensation and
waive, at his discretion, the making of the claim required by section
other benefits and expenses, except administrative expenses, author-
8121 of this title in the case of compensation to an employee of the
ized by this subchapter or any extension or application thereof, ex-
Canal Zone Government or of the Panama Canal Company for
cept as otherwise provided by this subchapter or other statute. The
temporary disability, either total or partial.
Secretary of Labor shall submit annually to the Bureau of the
(d) When administration is transferred under subsection (a) of this
Budget] Office of Management and Budget estimates of appropriations
section to the general manager of The Alaska Railroad, the Secretary
necessary for the maintenance of the Fund. For the purpose of this
of Labor is not divested of jurisdiction and a claimant is entitled to
subsection, "administrative expenses" does not include expenses for
appeal from the decision of the general manager of The Alaska Rail-
legal services performed by or for the Secretary under sections 8131
road to the Secretary of Labor. The Secretary on receipt of an appeal
and 8132 of this title.
shall, or on his own motion may, review the decision of the general
(b) Before August 15 of each year, the Secretary shall furnish to
manager of The Alaska Railroad, and in accordance with the facts
each agency and instrumentality of the United States having an em-
found on review may proceed under section 8128 of this title. The
ployee who is or may be entitled to compensation benefits under this
Secretary shall provide the form and manner of taking an appeal.
subchapter or any extension or application thereof a statement show-
(e) The same right of appeal exists with respect to claims filed by
ing the total cost of benefits and other payments made from the Em-
employees of the Canal Zone Government and of the Panama Canal
ployees' Compensation Fund during the preceding fiscal year on ac-
Company or their dependents in case of death, as is provided with
count of the injury or death of employees or individuals under the
respect to the claims of other employees to whom this subchapter
jurisdiction of the agency or instrumentality. Each agency and in-
applies, under section 8149 of this title. The Employees' Compensa-
strumentality shall include in its annual budget estimates for the next
tion Appeals Board referred to by section 8149 of this title has juris-
fiscal year a request for an appropriation in an amount equal to the
diction, under regulations prescribed by the Secretary, over appeals
costs. Sums appropriated pursuant to the request shall be deposited
relating to claims of the employees or their dependents.
in the Treasury to the credit of the Fund within 30 days after they
are available. An agency of instrumentality not dependent on an an-
nual appropriation shall make the deposit required by this subsection
44
45
from funds under its control. If an agency or instrumentality (or part
attendant rights which the employee would have had, or acquired,
or function thereof) is transferred to another agency or instrumen-
in his former position had he not been injured or disabled, and
tality, the cost of compensation benefits and other expenses paid from
(2) the department or agency which was the last employer shall,
the Fund on account of the injury or death of employees of the trans-
if the injury or disability is overcome within a period of more than
ferred agency or instrumentality (or part or function) shall be in-
one year after the date of commencement of compensation, make all
cluded in costs of the receiving agency or instrumentality.
reasonable efforts to place, and accord priority to placing, the
(c) In addition to the contributions for the maintenance of the
employee in his former or equivalent position within such department
Employees' Compensation Fund required by this section, the United
or agency, or within any other department or agency.
States Postal Service, or a mixed ownership corporation as defined
(c) Section 3315a of title 5, United States Code, is repealed upon the
by section 856 of title 31, or any other corporation or agency or instru-
effective date of this section.
mentality (or activity thereof) which is required by statute to submit
an annual budget pursuant to or as provided by sections 841-869 of
SUBCHAPTER III.-LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY
title 31, shall pay an additional amount for its fair share of the cost of
THE UNITED STATES
administration of this subchapter as determined by the Secretary.
With respect to these corporations, agencies, and instrumentalities,
§ 8191. Determination of eligibility
the charges billed by the Secretary under this section shall include
The benefits of this subchapter are available as provided in this sub-
an additional amount for these costs which shall be paid into the
chapter to eligible law enforcement officers (referred to in this sub-
Treasury as miscellaneous receipts from the sources authorized and in
chapter as "eligible officers") and their survivors. For the purposes
the manner otherwise provided by this section.
of this subchapter, an eligible officer is any person who is determined
§ 8148. Repealed
by the Secretary of Labor in his discretion to have been on any given
occasion-
§ 8149. Regulations
(1) a law enforcement officer and to have been engaged on
The Secretary of Labor may prescribe rules and regulations neces-
that occasion in the apprehension or attempted apprehension of
sary for the administration and enforcement of this subchapter in-
any person-
cluding rules and regulations for the conduct of hearings under
(A) for the commission of a crime against the United
section 8124 of this title. The rules and regulations shall provide for
States, or
an Employee's Compensation Appeals Board of three individuals
(B) who at that time was sought by a law enforcement
designated or appointed by the Secretary with authority to hear and,
authority of the United States for the commission of a
subject to applicable law and the rules and regulations of the Secre-
crime against the United States, or
tary, make final decisions on appeals taken from determinations and
(C) who at that time was sought as a material witness
awards with respect to claims of employees. In adjudicating claims
in a criminal proceeding instituted by the United States; or
under section 8146 of this title, the Secretary may determine the
(2) a law enforcement officer and to have been engaged on
nature and extent of the proof and evidence required to establish the
that occasion in protecting or guarding a person held for the
right to benefits under this subchapter without regard to the date of
commission of a crime against the United States or as a material
injury or death for which claim is made.
witness in connection with such a crime; or
§ 8150. Effect on other statutes
(3) a law enforcement officer and to have been engaged on
(a) This subchapter does not affect the maritime rights and remedies
that occasion in the lawful prevention of, or lawful attempt to
of a master or member of the crew of a vessel.
prevent, the commission of a crime against the United States;
(b) Section 8141 of this title and section 9441 of title 10 do not
and to have been on that occasion not an employee as defined in
confer military or veteran status on any individual.
section 8101(1), and to have sustained on that occasion a personal
injury for which the United States would be required under sub-
§ 8151. Civil service retention rights
chapter I of this chapter to pay compensation if he had been on that
(a) In the event the individual resumes employment with the Fed-
occasion such an employee engaged in the performance of his duty.
eral Government, the entire time during which the employee was re-
No person otherwise eligible to receive a benefit under this subchapter
ceiving compensation under this chapter shall be credited to the employee
because of the disability or death of an eligible officer shall be barred
for the purposes of within-grade step increases, retention purposes, and
from the receipt of such benefit because the person apprehended or
other rights and benefits based upon length of service.
attempted to be apprehended by such officer was then sought for the
(b) Under regulations issued by the Civil Service Commission-
commission of a crime against a sovereignty other than the United
(1) the department or agency which was the last employer shall
States.
immediately and unconditionally accord the employee, if the in-
§ 8192. Benefits
jury or disability has been overcome within one year after the date
of commencement of compensation or from the time compensation
(a) Benefits in event of injury
disability recurs if the recurrence begins after the injured employee
The Secretary of Labor shall furnish to any eligible officer the bene-
resumes regular full-time employment with the United States, the right
fits to which he would have been entitled under subchapter I of this
to resume his former or an equivalent position, as well as all other
chapter if, on the occasion giving rise to his eligibility, he had been an
46
47
employee as defined in section 8101 (1) engaged in the performance of
(C) any association of law enforcement officers which is acting
his duty, reduced or adjusted as the Secretary of Labor in his discre-
on behalf of an eligible officer or any of his survivors;
tion may deem appropriate to reflect comparable benefits, if any,
(3) within five years after the injury or death; and
received by the officer (or which he would have been entitled to receive
(4) in such form as the Secretary of Labor may require.
but for this subchapter) by virtue of his actual employment on that
(d) Consultation with Attorney General and other agencies
occasion. When an enforcement officer has contributed to a disability
compensation fund, the reduction of Federal benefits provided for in
The Secretary of Labor may refer any application received by him
this subsection is to be limited to the amount of the State or local
pursuant to this subchapter to the Attorney General for his assistance,
government benefits which bears the same proportion to the full
comments and advice as to any determination required to be made
amount of such benefits as the cost or contribution paid by the State
pursuant to paragraph (1), (2), or (3) of section 8191. To insure that
or local government bears to the cost of disability coverage for the in-
all Federal assistance under this subchapter is carried out in a coordi-
dividual officer.
nated manner, the Secretary of Labor is authorized to request any
Federal department or agency to supply any statistics, data, or any
(b) Benefits in event of death
other materials he deems necessary to carry out his functions under
The Secretary of Labor shall pay to any survivor of an eligible officer
this subchapter. Each such department or agency is authorized to
the difference, as determined by the Secretary in his discretion, be-
cooperate with the Secretary of Labor and, to the extent permitted
tween the benefits to which that survivor would be entitled if the officer
by law, to furnish such materials to him.
had been an employee as defined in section 8101 (1) engaged in the
(e) Cooperation with State agencies
performance of his duty on the occasion giving rise to his eligibility,
and the comparable benefits, if any, received by the survivor (or which
The Secretary of Labor shall cooperate fully with the appropriate
that survivor would have been entitled to receive but for this sub-
State and local officials, and shall take all other practicable measures,
chapter) by virtue of the officer's actual employment on that occasion.
to assure that the benefits of this subchapter are made available to
When an enforcement officer has contributed to a survivor's benefit
eligible officers and their survivors with a minimum of delay and
fund, the reduction of Federal benefits provided for in this subsection
difficulty.
is to be limited to the amount of the State or local government benefits
(e) Appropriations
which bears the same proportion to the full amount of such benefits as
There are authorized to be appropriated such sums as may be
the cost or contribution paid by the State or local government bears
necessary to carry out this subchapter.
to the cost of survivor's benefits coverage for the individual officer.
§ 8193. Administration
(a) Definitions and rules of construction
For the purpose of this subchapter-
(1) The term "Attorney General" includes any person to whom
the Attorney General has delegated any function pursuant to
subsection (b) of this section.
(2) The term "Secretary of Labor" includes any person to whom
the Secretary of Labor has delegated any function pursuant to
subsection (b) of this section.
(b) Delegation
(1) The Attorney General may delegate to any division, officer,
or employee of the Department of Justice any function conferred
upon the Attorney General by this subchapter.
(2) The Secretary of Labor may delegate to any bureau, officer,
or employee of the Department of Labor any function conferred
upon the Secretary of Labor by this subchapter.
(c) Applications
An application for any benefit under this subchapter may be made
only-
(1) to the Secretary of Labor
(2) by
(A) any eligible officer or survivor of an eligible officer,
(B) any guardian, personal representative, or other person
legally authorized to act on behalf of an eligible officer, his estate,
or any of his survivors, or
FOR IMMEDIATE RELEASE
SEPTEMBER 8, 1974
Office of the White House Press Secretary
THE WHITE HOUSE
STATEMENT BY THE PRESIDENT
On Saturday I signed into law H.R. 13871 -- the 1974 Amendments to the Federal
Employees' Compensation Act. This Act provides workers' compensation
benefits for Federal employees injured or killed in the performance of
duty. Since the law was last amended over eight years ago, a number of
social and economic developments have made it necessary to update and
revise the requirements regarding compensation benefits for injured Federal
workers. I feel this new legislation meets those changing conditions.
This bill will provide for improved protection against rising costs for Federal
employees' and survivors who receive benefits. It also guarantees re-employ-
ment rights at the same or an equivalent position upon recovery within certain
time limitations. Finally, the bill increases compensation benefits for
survivors.
Therefore, I am pleased to sign this bill, which will assurequality protection
for a very deserving group of workers' -- the Nations' Federal employees.
#
#
#
FORD LIBRARY i GERALD
LIBRARY
FORD
H.R. 13871
Ninety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To amend chapter 81 of subpart G of title 5, United States Code, relating to
compensation for work injuries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section
8101 (1) of title 5, United States Code (hereinafter referred to as the
"Act"), is amended by inserting "and" after the semicolon on sub-
section (iv) and adding a new paragraph (F) as follows:
"(F) an individual selected pursuant to chapter 121 of title 28,
United States Code, and serving as a petit or grand juror and
who is otherwise an employee for the purposes of this subchapter
as defined by paragraphs (A), (B), (C), (D), and (E) of this
subsection."
(b) Section 8101 (2) of the Act is amended by inserting ", podia-
trists, dentists, clinical psychologists, optometrists, chiropractors,"
after "surgeons", and adding after the words "State law" a period,
and the following: "The term 'physician' includes chiropractors only
to the extent that their reimbursable services are limited to treatment
consisting of manual manipulation of the spine to correct a subluxa-
tion as demonstrated by X-ray to exist, and subject to regulation by
the Secretary".
(c) Section 8101 (3) of the Act is amended by inserting "podia-
trists, dentists, clinical psychologists, optometrists, chiropractors,"
after "supplies by", and by inserting before the semicolon ". Reim-
bursable chiropractic services are limited to treatment consisting of
manual manipulation of the spine to correct a subluxation as demon-
strated by X-ray to exist, and subject to regulation by the Secretary".
(d) Section 8101 (5) of the Act is amended by inserting before the
semicolon ", and damage to or destruction of medical braces, artificial
limbs, and other prosthetic devices which shall be replaced or repaired,
and such time lost while such device or appliance is being replaced or
repaired; except that eyeglasses and hearing aids would not be
replaced, repaired, or otherwise compensated for, unless the damages
or destruction is incident to a personal injury requiring medical
services".
(e) Section 8101 (11) of the Act is amended to read as follows:
(11) 'widower' means the husband living with or dependent
for support on the decedent at the time of her death, or living
apart for reasonable cause or because of her desertion;"
(f) Section 8101 of the Act is amended by adding at the end thereof
the following new paragraphs:
(20) 'organ' means a part of the body that performs a special
function, and for purposes of this subchapter excludes the brain,
heart, and back; and
"(21) 'United States medical officers and hospitals' includes
medical officers and hospitals of the Army, Navy, Air Force, Vet-
erans' Administration, and United States Public Health Service,
and any other medical officer or hospital designated as a United
States medical officer or hospital by the Secretary of Labor."
(g) Section 8101 (1) (D) is amended by deleting the word "and"
after the semicolon.
SEC. 2. (a) Section 8103(a) (3) of the Act is amended to read as
follows:
"(3) by or on the order of United States medical officers and
hospitals, or, at the employee's option, by or on order of physi-
cians and hospitals designated or approved by the Secretary.
H. R. 13871-2
The employee may initially select a physician to provide medical
services, appliances, and supplies, in accordance with such regulations
and instructions as the Secretary considers necessary, and may be
furnished necessary and reasonable transportation and expenses
incident to the securing of such services, appliances, and supplies.
These expenses, when authorized or approved by the Secretary, shall
be paid from the Employees' Compensation Fund."
SEC. 3. Section 8104 of the Act is amended by inserting "(a)" before
"The" at the beginning thereof, and adding at the end thereof the
following new subsection:
(b) Notwithstanding section 8106, individuals directed to undergo
vocational rehabilitation by the Secretary shall, while undergoing
such rehabilitation, receive compensation at the rate provided in sec-
tions 8105 and 8110 of this title, less the amount of any earnings
received from remunerative employment, other than employment
undertaken pursuant to such rehabilitation."
SEC. 4. Section 8107(a) of the Act is amended to read as follows:
"(a) If there is permanent disability involving the loss, or loss of
use, of a member or function of the body or involving disfigurement,
the employee is entitled to basic compensation for the disability, as
provided by the schedule in subsection (c) of this section, at the rate
of 662/3 percent of his monthly pay. The basic compensation is-
(1) payable regardless of whether the cause of the disability
originates in a part of the body other than that member;
(2) payable regardless of whether the disability also involves
another impairment of the body and
"(3) in addition to compensation for temporary total or tempo-
rary partial disability."
SEC. 5. Section 8107 (c) of the Act is amended by adding at the end
thereof the following new subparagraph:
"(22) For permanent loss or loss of use of any other important
external or internal organ of the body as determined by the Sec-
retary, proper and equitable compensation not to exceed 312 weeks'
compensation for each organ SO determined shall be paid in addi-
tion to any other compensation payable under this schedule."
SEC. 6. Section 8110 (a) (2) of the Act is amended to read as follows:
"(2) a husband, if-
"(A) he is a member of the same household as the
employee; or
(B) he is receiving regular contributions from the
employee for his support; or
(C) the employee has been ordered by a court to con-
tribute to his support;".
SEC. 7. (a) Section 8111 (a) of the Act is amended by striking out
"$300" and inserting in lieu thereof "$500".
(b) Section 8111 (b) of the Act is amended by striking out "$100"
and inserting "$200".
SEC. 8. (a) Section 8113 of the Act is amended by striking out
subsection (b) and redesignating subsection (c) as subsection (b).
(b) Section 8143(a) (2) of the Act is amended by striking out
", (b)".
SEC. 9. (a) Section 8116(a) of the Act is amended by striking out
the word "and" in clause (1), striking out the period after clause (2)
and inserting in lieu thereof a semicolon, and by inserting the follow-
ing two clauses immediately after clause (2) :
"(3) other benefits administered by the Veterans' Administra-
tion unless such benefits are payable for the same injury or the
same death; and
H. R. 13871-3
"(4) retired pay, retirement pay, retainer pay, or equivalent
pay for service in the Armed Forces or other uniformed services,
subject to the reduction of such pay in accordance with section
5532(b) of title 5, United States Code."
(b) The amendment made by this section shall be effective with
respect to disability or death occurring before or after the date of
enactment of this Act and without regard to any election under section
8116(b) of the Act; but no payment shall be made by reason of such
amendment for any period prior to the date of enactment of this Act.
SEC. 10. Section 8117 of the Act is amended by striking out "21
days" and inserting in lieu thereof "14 days".
SEC. 11. Section 8118 of the Act is amended to read as follows:
8118. Continuation of pay; election to use annual or sick leave
"(a) The United States shall authorize the continuation of pay
of an employee, as defined in section 8101(1) of this title (other than
those referred to in clause (B) or (E)), who has filed a claim for a
period of wage loss due to a traumatic injury with his immediate
superior on a form approved by the Secretary of Labor within the
time specified in section 8122 (2) of this title.
(b) Continuation of pay under this subchapter shall be furnished—
"(1) without a break in time unless controverted under regu-
lations of the Secretary;
(2) for a period not to exceed 45 days; and
(3) under accounting procedures and such other regulations
as the Secretary may require.
"(c) An employee may use annual or sick leave to his credit at
the time the disability begins, but his compensation for disability does
not begin, and the time periods specified by section 8117 of this title
do not begin to run, until termination of pay as set forth in subsec-
tions (a) and (b) or the use of annual or sick leave ends.
"(d) If a claim under subsection (a) is denied by the Secretary,
payments under this section shall, at the option of the employee, be
charged to sick or annual leave or shall be deemed overpayments of
pay within the meaning of section 5584 of title 5, United States Code.
(e) Payments under this section shall not be considered as com-
pensation as defined by section 8101 (12) of this title."
SEC. 12. (a) Section 8119 of the Act is amended to read as follows:
"§ 8119. Notice of injury or death
"An employee injured in the performance of his duty, or someone
on his behalf, shall give notice thereof. Notice of a death believed
to be related to the employment shall be given by an eligible bene-
ficiary specified in section 8133 of this title, or someone on his behalf.
A notice of injury or death shall-
"(a) be given within 30 days after the injury or death;
"(b) be given to the immediate superior of the employee by
personal delivery or by depositing it in the mail properly stamped
and addressed;
"(c) be in writing;
"(d) state the name and address of the employee;
"(e) state the year, month, day, and hour when and the par-
ticular locality where the injury or death occurred;
(f) state the cause and nature of the injury, or, in the case
of death, the employment factors believed to be the cause; and
"(g) be signed by and contain the address of the individual
giving the notice."
(b) The table of contents of chapter 81 of the Act is amended by
striking out
H. R. 13871-4
"8119. Notice of injury; failure to give."
and inserting in lieu thereof
"8119. Notice of injury or death.".
SEC. 13. Section 8121 (3) of the Act is amended by striking out
"furnished" and inserting "approved" in lieu thereof.
SEC. 14. Section 8122 of the Act is amended as follows:
(1) Strike subsection (a) of section 8122 and insert in lieu thereof
the following:
" (a) An original claim for compensation for disability or death
must be filed within 3 years after the injury or death. Compensation
for disability or death, including medical care in disability cases, may
not be allowed if claim is not filed within that time unless—
"(1) the immediate superior had actual knowledge of the
injury or death within 30 days. The knowledge must be such to
put the immediate superior reasonably on notice of an on-the-job
injury or death; or
(2) written notice of injury or death as specified in section
8119 of this title was given within 30 days."
(2) Strike subsection (c) of section 8122 and insert in lieu thereof
the following:
"(c) The timely filing of a disability claim because of injury will
satisfy the time requirements for a death claim based on the same
injury."
(3) Subsection (d) of section 8122 is amended by changing the
reference to subsection "(a)-(c)" to subsections "(a) and (b)' by
striking out the period at the end thereof and inserting "; or", and by
adding at the end thereof the following new clause:
" (3) run against any individual whose failure to comply is
excused by the Secretary on the ground that such notice could not
be given because of exceptional circumstances."
SEC. 15. Section 8132 of the Act is amended to read as follows:
"§ 8132. Adjustment after recovery from a third person
"If an injury or death for which compensation is payable under
this subchapter is caused under circumstances creating a legal liability
in a person other than the United States to pay damages, and a bene-
ficiary entitled to compensation from the United States for that injury
or death receives money or other property in satisfaction of that
liability as the result of suit or settlement by him or in his behalf, the
beneficiary, after deducting therefrom the costs of suit and a reason-
able attorney's fee, shall refund to the United States the amount of
compensation paid by the United States and credit any surplus on
future payments of compensation payable to him for the same injury.
No court, insurer, attorney, or other person shall pay or distribute to
the beneficiary or his designee the proceeds of such suit or settlement
without first satisfying or assuring satisfaction of the interest of the
United States. The amount refunded to the United States shall be
credited to the Employees' Compensation Fund. If compensation has
not been paid to the beneficiary, he shall credit the money or property
on compensation payable to him by the United States for the same
injury. However, the beneficiary is entitled to retain, as a minimum,
at least one-fifth of the net amount of the money or other property
remaining after the expenses of a suit or settlement have been
deducted; and in addition to this minimum and at the time of distri-
bution, an amount equivalent to a reasonable attorney's fee propor-
tionate to the refund to the United States."
SEC. 16. (a) Subsections (a) and (b) of section 8133 of the Act
are amended to read as follows:
H. R. 13871-5
"(a) If death results from an injury sustained in the performance
of duty, the United States shall pay a monthly compensation equal
to a percentage of the monthly pay of the deceased employee in
accordance with the following schedule:
"(1) To the widow or widower, if there is no child, 50 percent.
"(2) To the widow, or widower, if there is a child, 45 percent
and in addition 15 percent for each child not to exceed a total
of 75 percent for the widow or widower and children.
"(3) To the children, if there is no widow or widower, 40 per-
cent for one child and 15 percent additional for each additional
child not to exceed a total of 75 percent, divided among the
children share and share alike.
"(4) To the parents, if there is no widow, widower, or child,
as follows:
(A) 25 percent if one parent was wholly dependent on
the employee at the time of death and the other was not
dependent to any extent;
(B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Sec-
retary of Labor if one or both were partly dependent.
If there is a widow, widower, or child, SO much of the percentages
are payable as, when added to the total percentages payable to
the widow, widower, and children, will not exceed a total of 75
percent.
"(5) To the brothers, sisters, grandparents, and grandchildren,
if there is no widow, widower, child, or dependent parent as
follows:
(A) 20 percent if one was wholly dependent on the
employee at the time of death;
(B) 30 percent if more than one was wholly dependent,
divided among the dependents share and share alike; or
"(C) 10 percent if no one is wholly dependent but one or
more is partly dependent, divided among the dependents
share and share alike.
If there is a widow, widower, or child, or dependent parent, SO
much of the percentages are payable as, when added to the total
percentages payable to the widow, widower, children, and depend-
ent parents, will not exceed a total of 75 percent.
"(b) The compensation payable under subsection (a) of this section
is paid from the time of death until-
'(1) a widow, or widower dies or remarries before reaching
age 60;
(2) a child, a brother, a sister, or a grandchild dies, marries,
or becomes 18 years of age, or if over age 18 and incapable of
self-support becomes capable of self-support; or
"(3) a parent or grandparent dies, marries, or ceases to be
dependent.
Notwithstanding paragraph (2) of this subsection, compensation pay-
able to or for a child, a brother or sister, or grandchild that would
otherwise end because the child, brother or sister, or grandchild has
reached 18 years of age shall continue if he is a student as defined
by section 8101 of this title at the time he reaches 18 years of age for
SO long as he continues to be such a student or until he marries. A
widow or widower who has entitlements to benefits under this title
H. R. 13871-6
derived from more than one husband or wife shall elect one entitle-
ment to be utilized."
(b) Section 8135(b) of the Act is amended by inserting after "On
remarriage" the following: "before reaching age 60".
SEC. 17. Section 8133 (e) (1) of the Act is amended to read as follows:
"(1) the monthly pay computed under section 8114 of this title,
except for increases authorized by section 8146a of this title; or".
SEC. 18. Section 8133 of the Act is amended by adding at the end
thereof the following new subsection
"(f) Notwithstanding any funeral and burial expenses paid under
section 8134, there shall be paid a sum of $200 to the personal rep-
resentative of a deceased employee within the meaning of section
8101(1) of this title for reimbursement of the costs of termination
of the decedent's status as an employee of the United States."
SEC. 19. Section 8135 (a) (1) of the Act is amended by striking out
"$5" and inserting in lieu thereof "$50".
SEC. 20. The last two sentences of subsection (a) of section 8135
of the Act are amended to read as follows: "The probability of the
death of the beneficiary before the expiration of the period during
which he is entitled to compensation shall be determined according
to the most current United States Life Tables, as developed by the
United States Department of Health, Education, and Welfare, which
shall be updated from time to time, but the lump-sum payment to a
widow or widower of the deceased employee may not exceed 60 months'
compensation. The probability of the happening of any other con-
tingency affecting the amount or duration of compensation shall be
disregarded."
SEC. 21. Section 8146a of the Act is amended by striking "third"
from subsection (a) and by striking subsection (b) and inserting in
lieu thereof the following:
I
"(b) The regular periodic compensation payments after adjust-
ment under this section shall be fixed at the nearest dollar. However,
the regular periodic compensation after adjustment shall reflect an
increase of at least $1."
SEC. 22. Subchapter I of chapter 81 of the Act is amended by add-
ing the following new section:
"§ 8151. Civil service retention rights
"(a) In the event the individual resumes employment with the
Federal Government, the entire time during which the employee was
receiving compensation under this chapter shall be credited to the
employee for the purposes of within-grade step increases, retention
purposes, and other rights and benefits based upon length of service.
"(b) Under regulations issued by the Civil Service Commission-
"(1) the department or agency which was the last employer
shall immediately and unconditionally accord the employee, if
the injury or disability has been overcome within one year after
the date of commencement of compensation or from the time
compensable disability recurs if the recurrence begins after the
injured employee resumes regular full-time employment with the
United States, the right to resume his former or an equivalent
position, as well as all other attendant rights which the employee
would have had, or acquired, in his former position had he not
been injured or disabled, including the rights to tenure, promotion,
and safeguards in reductions-in-force procedures, and
H. R. 13871-7
"(2) the department or agency which was the last employer
shall, if the injury or disability is overcome within a period of
more than one year after the date of commencement of compen-
sation, make all reasonable efforts to place, and accord priority
to placing, the employee in his former or equivalent position
within such department or agency, or within any other depart-
ment or agency."
(c) Section 3315a of title 5, United States Code, is repealed upon
the effective date of this section.
SEC. 23. (a) The table of contents of chapter 81 of the Act is
amended by the addition of the following:
"8151. Civil service retention rights.".
(b) Section 8142(c)(2) of the Act is amended by adding after
"Title 22" the phrase ", or a volunteer with one or more minor chil-
dren as defined in section 2504 of title 22,".
SEC. 24. Section 8146a of the Act is amended by adding at the end
thereof the following new subsection
"(c) This section shall be applicable to persons excluded by section
15 of the Federal Employees' Compensation Act Amendments of 1966
(Public Law 89-488) under the following statutes: Act of Febru-
ary 15, 1934 ((48 Stat. 351) ; Act of June 26, 1936 (49 Stat. 2035) ;
Act of April 8, 1935 (49 Stat. 115) ; Act of July 25, 1942 (56 Stat.
710) ; Public Law 84-955 (August 3, 1956) ; Public Law 77-784
(December 2, 1942) ; Public Law 84-879 (August 1, 1956) ; Public
Law 80-896 (July 3, 1948) ; Act of September 8, 1959 (73 Stat. 469).
Benefit payments to these persons shall initially be increased by the
total percentage of the increases in the price index from the base
month of July 1966, to the next most recent base month following
the effective date of this subsection."
SEC. 25. Section 8147 of the Act is amended by adding after the
first comma in subsection (c) the following: "the United States Postal
Service, or".
SEC. 26. Section 8147(a) of the Act is amended by striking out
"Bureau of the Budget" and inserting in lieu thereof "Office
of Management and Budget".
SEC. 27. The Secretary of Labor shall conduct a study of the pro-
visions of the Act and the programs thereunder, which shall include,
but is not necessarily limited to-
(1) such hearings, research, and other activities as the Secretary
of Labor deems necessary in order to enable him to formulate
appropriate recommendations,
(2) specific examination of the need of granting the Secretary
of Labor the authority to increase the allowance for services of
attendants under section 8111(a) of the Act above the maximum
amount fixed under such section where exceptional circumstances
exist,
(3) an examination and evaluation of the effectiveness of the
Act, and
(4) recommendations regarding survivor benefits.
The Secretary of Labor shall report the results of such study, together
with his findings and recommendations, to the Congress not later than
12 months after the date of the enactment of this Act.
H. R. 13871-8
SEC. 28. (a) Except as otherwise provided by this section this Act
shall take effect on the date of enactment and be applicable to any
injury or death occurring on or after such effective date. The amend-
ments made by sections 1 (b) and (c), 2, 3, 7 (a) and (b), 8 (a) and
(b), 9, 16 (a) and (b), 17, 19, 20, 21, 22, 24, and 25 shall be applicable
to cases where the injury or death occurred prior to the date of enact-
ment but the provisions of these sections shall be applicable only to a
period beginning on or after the date of enactment.
(b) Section 11 of this Act shall become effective 60 days from
enactment and be applicable to any injury occurring on or after such
effective date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
H. R. 13871-5
"(a) If death results from an injury sustained in the performance
of duty, the United States shall pay a monthly compensation equal
to a percentage of the monthly pay of the deceased employee in
accordance with the following schedule:
(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent
and in addition 15 percent for each child not to exceed a total
of 75 percent for the widow or widower and children.
"(3) To the children, if there is no widow or widower, 40 per-
cent for one child and 15 percent additional for each additional
child not to exceed a total of 75 percent, divided among the
children share and share alike.
"(4) To the parents, if there is no widow, widower, or child,
as follows:
"(A) 25 percent if one parent was wholly dependent on
the employee at the time of death and the other was not
dependent to any extent;
" (B) 20 percent to each if both were wholly dependent; or
"(C) a proportionate amount in the discretion of the Sec-
retary of Labor if one or both were partly dependent.
If there is a widow, widower, or child, SO much of the percentages
are payable as, when added to the total percentages payable to
the widow, widower, and children, will not exceed a total of 75
percent.
"(5) To the brothers, sisters, grandparents, and grandchildren,
if there is no widow, widower, child, or dependent parent as
follows:
"(A) 20 percent if one was wholly dependent on the
employee at the time of death;
"(B) 30 percent if more than one was wholly dependent,
divided among the dependents share and share alike; or
"(C) 10 percent if no one is wholly dependent but one or
more is partly dependent, divided among the dependents
share and share alike.
If there is a widow, widower, or child, or dependent parent, SO
much of the percentages are payable as, when added to the total
percentages payable to the widow, widower, children, and depend-
ent parents, will not exceed a total of 75 percent.
(b) The compensation payable under subsection (a) of this section
is paid from the time of death until-
"(1) a widow, or widower dies or remarries before reaching
age 60;
(2) a child, a brother, a sister, or a grandchild dies, marries,
or becomes 18 years of age, or if over age 18 and incapable of
self-support becomes capable of self-support; or
"(3) a parent or grandparent dies, marries, or ceases to be
dependent.
Notwithstanding paragraph (2) of this subsection, compensation pay-
able to or for a child, a brother or sister, or grandchild that would
otherwise end because the child, brother or sister, or grandchild has
reached 18 years of age shall continue if he is a student as defined
by section 8101 of this title at the time he reaches 18 years of age for
SO long as he continues to be such a student or until he marries. A
widow or widower who has entitlements to benefits under this title
H. R. 13871-7
"(2) the department or agency which was the last employer
shall, if the injury or disability is overcome within a period of
more than one year after the date of commencement of compen-
sation, make all reasonable efforts to place, and accord priority
to placing, the employee in his former or equivalent position
within such department or agency, or within any other depart-
ment or agency."
(c) Section 3315a of title 5, United States Code, is repealed upon
the effective date of this section.
SEC. 23. (a) The table of contents of chapter 81 of the Act is
amended by the addition of the following:
"8151. Civil service retention rights.".
(b) Section 8142(c) (2) of the Act is amended by adding after
"Title 22" the phrase ", or a volunteer with one or more minor chil-
dren as defined in section 2504 of title 22,".
SEC. 24. Section 8146a of the Act is amended by adding at the end
thereof the following new subsection:
"(c) This section shall be applicable to persons excluded by section
15 of the Federal Employees' Compensation Act Amendments of 1966
(Public Law 89-488) under the following statutes: Act of Febru-
ary 15, 1934 (48 Stat. 351) ; Act of June 26, 1936 (49 Stat. 2035) ;
Act of April 8, 1935 (49 Stat. 115) ; Act of July 25, 1942 (56 Stat.
710) ; Public Law 84-955 (August 3, 1956) ; Public Law 77-784
(December 2, 1942); Public Law 84-879 (August 1, 1956) ; Public
Law 80-896 (July 3, 1948) ; Act of September 8, 1959 (73 Stat. 469).
Benefit payments to these persons shall initially be increased by the
total percentage of the increases in the price index from the base
month of July 1966, to the next most recent base month following
the effective date of this subsection."
SEC. 25. Section 8147 of the Act is amended by adding after the
first comma in subsection (c) the following: "the United States Postal
Service, or".
SEC. 26. Section 8147(a) of the Act is amended by striking out
"Bureau of the Budget" and inserting in lieu thereof "Office
of Management and Budget".
SEC. 27. The Secretary of Labor shall conduct a study of the pro-
visions of the Act and the programs thereunder, which shall include,
but is not necessarily limited to-
(1) such hearings, research, and other activities as the Secretary
of Labor deems necessary in order to enable him to formulate
appropriate recommendations,
(2) specific examination of the need of granting the Secretary
of Labor the authority to increase the allowance for services of
attendants under section 8111 (a) of the Act above the maximum
amount fixed under such section where exceptional circumstances
exist,
(3) an examination and evaluation of the effectiveness of the
Act, and
(4) recommendations regarding survivor benefits.
The Secretary of Labor shall report the results of such study, together
with his findings and recommendations, to the Congress not later than
12 months after the date of the enactment of this Act.
FORD
LIBRARY
H.R. 13871
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To amend chapter 81 of subpart G of title 5, United States Code, relating to
compensation for work injuries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section
8101 (1) of title 5, United States Code (hereinafter referred to as the
"Act"), is amended by inserting "and" after the semicolon on sub-
section (iv) and adding a new paragraph (F) as follows:
"(F) an individual selected pursuant to chapter 121 of title 28,
United States Code, and serving as a petit or grand juror and
who is otherwise an employee for the purposes of this subchapter
as defined by paragraphs (A), (B), (C), (D), and (E) of this
subsection."
(b) Section 8101 (2) of the Act is amended by inserting ", podia-
trists, dentists, clinical psychologists, optometrists, chiropractors,"
after "surgeons", and adding after the words "State law" a period,
and the following: "The term 'physician' includes chiropractors only
to the extent that their reimbursable services are limited to treatment
consisting of manual manipulation of the spine to correct a subluxa-
tion as demonstrated by X-ray to exist, and subject to regulation by
the Secretary".
(c) Section 8101 (3) of the Act is amended by inserting "podia-
trists, dentists, clinical psychologists, optometrists, chiropractors,"
after "supplies by", and by inserting before the semicolon ". Reim-
bursable chiropractic services are limited to treatment consisting of
manual manipulation of the spine to correct a subluxation as demon-
strated by X-ray to exist, and subject to regulation by the Secretary".
(d) Section 8101 (5) of the Act is amended by inserting before the
semicolon ", and damage to or destruction of medical braces, artificial
limbs, and other prosthetic devices which shall be replaced or repaired,
and such time lost while such device or appliance is being replaced or
repaired; except that eyeglasses and hearing aids would not be
replaced, repaired, or otherwise compensated for, unless the damages
or destruction is incident to a personal injury requiring medical
services".
(e) Section 8101 (11) of the Act is amended to read as follows:
"(11) 'widower' means the husband living with or dependent
for support on the decedent at the time of her death, or living
apart for reasonable cause or because of her desertion;
(f) Section 8101 of the Act is amended by adding at the end thereof
the following new paragraphs:
(20) 'organ' means a part of the body that performs a special
function, and for purposes of this subchapter excludes the brain,
heart, and back; and
(21) 'United States medical officers and hospitals' includes
medical officers and hospitals of the Army, Navy, Air Force, Vet-
erans' Administration, and United States Public Health Service,
and any other medical officer or hospital designated as a United
States medical officer or hospital by the Secretary of Labor."
(g) Section 8101 (1) (D) is amended by deleting the word "and"
after the semicolon.
SEC. 2. (a) Section 8103(a) (3) of the Act is amended to read as
follows:
"(3) by or on the order of United States medical officers and
hospitals, or, at the employee's option, by or on order of physi-
cians and hospitals designated or approved by the Secretary.
H. R. 13871-2
The employee may initially select a physician to provide medical
services, appliances, and supplies, in accordance with such regulations
and instructions as the Secretary considers necessary, and may be
furnished necessary and reasonable transportation and expenses
incident to the securing of such services, appliances, and supplies.
These expenses, when authorized or approved by the Secretary, shall
be paid from the Employees' Compensation Fund."
SEC. 3. Section 8104 of the Act is amended by inserting "(a)" before
"The" at the beginning thereof, and adding at the end thereof the
following new subsection:
(b) Notwithstanding section 8106, individuals directed to undergo
vocational rehabilitation by the Secretary shall, while undergoing
such rehabilitation, receive compensation at the rate provided in sec-
tions 8105 and 8110 of this title, less the amount of any earnings
received from remunerative employment, other than employment
undertaken pursuant to such rehabilitation.'
SEC. 4. Section 8107 (a) of the Act is amended to read as follows:
"(a) If there is permanent disability involving the loss, or loss of
use, of a member or function of the body or involving disfigurement,
the employee is entitled to basic compensation for the disability, as
provided by the schedule in subsection (c) of this section, at the rate
of 662/3 percent of his monthly pay. The basic compensation is-
(1) payable regardless of whether the cause of the disability
originates in a part of the body other than that member;
(2) payable regardless of whether the disability also involves
another impairment of the body; and
"(3) in addition to compensation for temporary total or tempo-
rary partial disability."
SEC. 5. Section 8107 (c) of the Act is amended by adding at the end
thereof the following new subparagraph:
(22) For permanent loss or loss of use of any other important
external or internal organ of the body as determined by the Sec-
retary, proper and equitable compensation not to exceed 312 weeks'
compensation for each organ so determined shall be paid in addi-
tion to any other compensation payable under this schedule."
SEC. 6. Section 8110(a) (2) of the Act is amended to read as follows:
(2) a husband, if-
"(A) he is a member of the same household as the
employee; or
(B) he is receiving regular contributions from the
employee for his support; or
"(C) the employee has been ordered by a court to con-
tribute to his support;".
SEC. 7. (a) Section 8111 (a) of the Act is amended by striking out
"$300" and inserting in lieu thereof "$500".
(b) Section 8111 (b) of the Act is amended by striking out "$100"
and inserting "$200".
SEC. 8. (a) Section 8113 of the Act is amended by striking out
subsection (b) and redesignating subsection (c) as subsection (b).
(b) Section 8143(a) (2) of the Act is amended by striking out
", (b)".
SEC. 9. (a) Section 8116(a) of the Act is amended by striking out
the word "and" in clause (1), striking out the period after clause (2)
and inserting in lieu thereof a semicolon, and by inserting the follow-
ing two clauses immediately after clause (2) :
(3) other benefits administered by the Veterans' Administra-
tion unless such benefits are payable for the same injury or the
same death; and
H. R. 13871-3
"(4) retired pay, retirement pay, retainer pay, or equivalent
pay for service in the Armed Forces or other uniformed services,
subject to the reduction of such pay in accordance with section
5532(b) of title 5, United States Code."
(b) The amendment made by this section shall be effective with
respect to disability or death occurring before or after the date of
enactment of this Act and without regard to any election under section
8116(b) of the Act; but no payment shall be made by reason of such
amendment for any period prior to the date of enactment of this Act.
SEC. 10. Section 8117 of the Act is amended by striking out "21
days" and inserting in lieu thereof "14 days".
SEC. 11. Section 8118 of the Act is amended to read as follows:
8118. Continuation of pay; election to use annual or sick leave
"(a) The United States shall authorize the continuation of pay
of an employee, as defined in section 8101(1) of this title (other than
those referred to in clause (B) or (E)), who has filed a claim for a
period of wage loss due to a traumatic injury with his immediate
superior on a form approved by the Secretary of Labor within the
time specified in section 8122 (2) of this title.
(b) Continuation of pay under this subchapter shall be furnished-
"(1) without a break in time unless controverted under regu-
lations of the Secretary;
"(2) for a period not to exceed 45 days; and
"(3) under accounting procedures and such other regulations
as the Secretary may require.
(c) An employee may use annual or sick leave to his credit at
the time the disability begins, but his compensation for disability does
not begin, and the time periods specified by section 8117 of this title
do not begin to run, until termination of pay as set forth in subsec-
tions (a) and (b) or the use of annual or sick leave ends.
"(d) If a claim under subsection (a) is denied by the Secretary,
payments under this section shall, at the option of the employee, be
charged to sick or annual leave or shall be deemed overpayments of
pay within the meaning of section 5584 of title 5, United States Code.
(e) Payments under this section shall not be considered as com-
pensation as defined by section 8101 (12) of this title."
SEC. 12. (a) Section 8119 of the Act is amended to read as follows:
"§ 8119. Notice of injury or death
"An employee injured in the performance of his duty, or someone
on his behalf, shall give notice thereof. Notice of a death believed
to be related to the employment shall be given by an eligible bene-
ficiary specified in section 8133 of this title, or someone on his behalf.
A notice of injury or death shall-
(a) be given within 30 days after the injury or death;
(b) be given to the immediate superior of the employee by
personal delivery or by depositing it in the mail properly stamped
and addressed;
(c) be in writing;
'(d) state the name and address of the employee;
"(e) state the year, month, day, and hour when and the par-
ticular locality where the injury or death occurred;
"(f) state the cause and nature of the injury, or, in the case
of death, the employment factors believed to be the cause; and
"(g) be signed by and contain the address of the individual
giving the notice."
(b) The table of contents of chapter 81 of the Act is amended by
striking out
H. R. 13871-4
"8119. Notice of injury; failure to give."
and inserting in lieu thereof
"8119. Notice of injury or death.".
SEC. 13. Section 8121 (3) of the Act is amended by striking out
"furnished" and inserting "approved" in lieu thereof.
SEC. 14. Section 8122 of the Act is amended as follows:
(1) Strike subsection (a) of section 8122 and insert in lieu thereof
the following:
"(a) An original claim for compensation for disability or death
must be filed within 3 years after the injury or death. Compensation
for disability or death, including medical care in disability cases, may
not be allowed if claim is not filed within that time unless-
"(1) the immediate superior had actual knowledge of the
injury or death within 30 days. The knowledge must be such to
put the immediate superior reasonably on notice of an on-the-job
injury or death; or
(2) written notice of injury or death as specified in section
8119 of this title was given within 30 days."
(2) Strike subsection (c) of section 8122 and insert in lieu thereof
the following:
"(c) The timely filing of a disability claim because of injury will
satisfy the time requirements for a death claim based on the same
injury."
(3) Subsection (d) of section 8122 is amended by changing the
reference to subsection (a)-(c)" to subsections "(a) and (b) by
striking out the period at the end thereof and inserting ; or", and by
adding at the end thereof the following new clause:
"(3) run against any individual whose failure to comply is
excused by the Secretary on the ground that such notice could not
be given because of exceptional circumstances."
SEC. 15. Section 8132 of the Act is amended to read as follows:
"§ 8132. Adjustment after recovery from a third person
"If an injury or death for which compensation is payable under
this subchapter is caused under circumstances creating a legal liability
in a person other than the United States to pay damages, and a bene-
ficiary entitled to compensation from the United States for that injury
or death receives money or other property in satisfaction of that
liability as the result of suit or settlement by him or in his behalf, the
beneficiary, after deducting therefrom the costs of suit and a reason-
able attorney's fee, shall refund to the United States the amount of
compensation paid by the United States and credit any surplus on
future payments of compensation payable to him for the same injury.
No court, insurer, attorney, or other person shall pay or distribute to
the beneficiary or his designee the proceeds of such suit or settlement
without first satisfying or assuring satisfaction of the interest of the
United States. The amount refunded to the United States shall be
credited to the Employees' Compensation Fund. If compensation has
not been paid to the beneficiary, he shall credit the money or property
on compensation payable to him by the United States for the same
injury. However, the beneficiary is entitled to retain, as a minimum,
at least one-fifth of the net amount of the money or other property
remaining after the expenses of a suit or settlement have been
deducted; and in addition to this minimum and at the time of distri-
bution, an amount equivalent to a reasonable attorney's fee propor-
tionate to the refund to the United States."
SEC. 16. (a) Subsections (a) and (b) of section 8133 of the Act
are amended to read as follows:
H. R. 13871-5
"(a) If death results from an injury sustained in the performance
of duty, the United States shall pay a monthly compensation equal
to a percentage of the monthly pay of the deceased employee in
accordance with the following schedule:
"(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent
and in addition 15 percent for each child not to exceed a total
of 75 percent for the widow or widower and children.
"(3) To the children, if there is no widow or widower, 40 per-
cent for one child and 15 percent additional for each additional
child not to exceed a total of 75 percent, divided among the
children share and share alike.
"(4) To the parents, if there is no widow, widower, or child,
as follows:
"(A) 25 percent if one parent was wholly dependent on
the employee at the time of death and the other was not
dependent to any extent;
" (B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Sec-
retary of Labor if one or both were partly dependent.
If there is a widow, widower, or child, SO much of the percentages
are payable as, when added to the total percentages payable to
the widow, widower, and children, will not exceed a total of 75
percent.
"(5) To the brothers, sisters, grandparents, and grandchildren,
if there is no widow, widower, child, or dependent parent as
follows:
(A) 20 percent if one was wholly dependent on the
employee at the time of death;
(B) 30 percent if more than one was wholly dependent,
divided among the dependents share and share alike; or
"(C) 10 percent if no one is wholly dependent but one or
more is partly dependent, divided among the dependents
share and share alike.
If there is a widow, widower, or child, or dependent parent, SO
much of the percentages are payable as, when added to the total
percentages payable to the widow, widower, children, and depend-
ent parents, will not exceed a total of 75 percent.
"(b) The compensation payable under subsection (a) of this section
is paid from the time of death until-
(1) a widow, or widower dies or remarries before reaching
age 60;
(2) a child, a brother, a sister, or a grandchild dies, marries,
or becomes 18 years of age, or if over age 18 and incapable of
self-support becomes capable of self-support; or
"(3) a parent or grandparent dies, marries, or ceases to be
dependent.
Notwithstanding paragraph (2) of this subsection, compensation pay-
able to or for a child, a brother or sister, or grandchild that would
otherwise end because the child, brother or sister, or grandchild has
reached 18 years of age shall continue if he is a student as defined
by section 8101 of this title at the time he reaches 18 years of age for
SO long as he continues to be such a student or until he marries. A
widow or widower who has entitlements to benefits under this title
H. R. 13871-6
derived from more than one husband or wife shall elect one entitle-
ment to be utilized."
(b) Section 8135 (b) of the Act is amended by inserting after "On
remarriage" the following "before reaching age 60".
SEC. 17. Section 8133 (e) (1) of the Act is amended to read as follows:
"(1) the monthly pay computed under section 8114 of this title,
except for increases authorized by section 8146a of this title; or".
SEC. 18. Section 8133 of the Act is amended by adding at the end
thereof the following new subsection
"(f) Notwithstanding any funeral and burial expenses paid under
section 8134, there shall be paid a sum of $200 to the personal rep-
resentative of a deceased employee within the meaning of section
8101(1) of this title for reimbursement of the costs of termination
of the decedent's status as an employee of the United States."
SEC. 19. Section 8135 (a) (1) of the Act is amended by striking out
"$5" and inserting in lieu thereof "$50".
SEC. 20. The last two sentences of subsection (a) of section 8135
of the Act are amended to read as follows: "The probability of the
death of the beneficiary before the expiration of the period during
which he is entitled to compensation shall be determined according
to the most current United States Life Tables, as developed by the
United States Department of Health, Education, and Welfare, which
shall be updated from time to time, but the lump-sum payment to a
widow or widower of the deceased employee may not exceed 60 months'
compensation. The probability of the happening of any other con-
tingency affecting the amount or duration of compensation shall be
disregarded."
SEC. 21. Section 8146a of the Act is amended by striking "third"
from subsection (a) and by striking subsection (b) and inserting in
lieu thereof the following:
"(b) The regular periodic compensation payments after adjust-
ment under this section shall be fixed at the nearest dollar. However,
the regular periodic compensation after adjustment shall reflect an
increase of at least $1."
SEC. 22. Subchapter I of chapter 81 of the Act is amended by add-
ing the following new section:
"§ 8151. Civil service retention rights
'(a) In the event the individual resumes employment with the
Federal Government, the entire time during which the employee was
receiving compensation under this chapter shall be credited to the
employee for the purposes of within-grade step increases, retention
purposes, and other rights and benefits based upon length of service.
"(b) Under regulations issued by the Civil Service Commission-
"(1) the department or agency which was the last employer
shall immediately and unconditionally accord the employee, if
the injury or disability has been overcome within one year after
the date of commencement of compensation or from the time
compensable disability recurs if the recurrence begins after the
injured employee resumes regular full-time employment with the
United States, the right to resume his former or an equivalent
position, as well as all other attendant rights which the employee
would have had, or acquired, in his former position had he not
been injured or disabled, including the rights to tenure, promotion,
and safeguards in reductions-in-force procedures, and
H. R. 13871-7
"(2) the department or agency which was the last employer
shall, if the injury or disability is overcome within a period of
more than one year after the date of commencement of compen-
sation, make all reasonable efforts to place, and accord priority
to placing, the employee in his former or equivalent position
within such department or agency, or within any other depart-
ment or agency."
(c) Section 3315a of title 5, United States Code, is repealed upón
the effective date of this section.
SEC. 23. (a) The table of contents of chapter 81 of the Act is
amended by the addition of the following:
"8151. Civil service retention rights.".
(b) Section 8142(c) (2) of the Act is amended by adding after
"Title 22" the phrase ", , or a volunteer with one or more minor chil-
dren as defined in section 2504 of title 22,".
SEC. 24. Section 8146a of the Act is amended by adding at the end
thereof the following new subsection:
"(c) This section shall be applicable to persons excluded by section
15 of the Federal Employees' Compensation Act Amendments of 1966
(Public Law 89-488) under the following statutes: Act of Febru-
ary 15, 1934 (48 Stat. 351) ; Act of June 26, 1936 (49 Stat. 2035) ;
Act of April 8, 1935 (49 Stat. 115) Act of July 25, 1942 (56 Stat.
710) ; Public Law 84-955 (August 3, 1956) Public Law 77-784
(December 2, 1942) ; Public Law 84-879 (August 1, 1956) ; Public
Law 80-896 (July 3, 1948) ; Act of September 8, 1959 (73 Stat. 469).
Benefit payments to these persons shall initially be increased by the
total percentage of the increases in the price index from the base
month of July 1966, to the next most recent base month following
the effective date of this subsection."
SEC. 25. Section 8147 of the Act is amended by adding after the
first comma in subsection (c) the following: "the United States Postal
Service, or".
SEC. 26. Section 8147(a) of the Act is amended by striking out
"Bureau of the Budget" and inserting in lieu thereof "Office
of Management and Budget".
SEC. 27. The Secretary of Labor shall conduct a study of the pro-
visions of the Act and the programs thereunder, which shall include,
but is not necessarily limited to-
(1) such hearings, research, and other activities as the Secretary
of Labor deems necessary in order to enable him to formulate
appropriate recommendations,
(2) specific examination of the need of granting the Secretary
of Labor the authority to increase the allowance for services of
attendants under section 8111 (a) of the Act above the maximum
amount fixed under such section where exceptional circumstances
exist,
(3) an examination and evaluation of the effectiveness of the
Act, and
(4) recommendations regarding survivor benefits.
The Secretary of Labor shall report the results of such study, together
with his findings and recommendations, to the Congress not later than
12 months after the date of the enactment of this Act.
H. R. 13871-8
SEC. 28. (a) Except as otherwise provided by this section this Act
shall take effect on the date of enactment and be applicable to any
injury or death occurring on or after such effective date. The amend-
ments made by sections 1 (b) and (c), 2, 3, 7 (a) and (b), 8 (a) and
(b), 9, 16 (a) and (b), 17, 19, 20, 21, 22, 24, and 25 shall be applicable
to cases where the injury or death occurred prior to the date of enact-
ment but the provisions of these sections shall be applicable only to a
period beginning on or after the date of enactment.
(b) Section 11 of this Act shall become effective 60 days from
enactment and be applicable to any injury occurring on or after such
effective date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
August 27, 1974
Dear Mr. Director:
The following bills were received at the White
House on August 27th:
S. 821
H.R. 13871
H.R. 15572
Please let the President have reports and
recommendations as to the approval of these bills
as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.
GERALD ? LEBRARY FORD