---
kind: "range"
citation: "5 U.S.C. §§ 8101–8193"
title: "5"
from: "8101"
to: "8193"
count: 62
release: "119-102"
url: "https://uscodex.org/usc/5/8101..8193"
---

# §8101. Definitions


For the purpose of this subchapter—

- (1) “employee” means—
  - (A) a civil officer or [employee](#1) in any branch of the Government of the United States, including an officer or [employee](#1) of an instrumentality wholly owned by the United States;
  - (B) an individual rendering personal [service](/usc/5/8331.md?p=12) to the United States similar to the [service](/usc/5/8331.md?p=12) of a civil officer or [employee](#1) of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the [service](/usc/5/8331.md?p=12), or authorizes payment of travel or other expenses of the individual;
  - (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
  - (D) an individual employed by the government of the District of Columbia;
  - (E) an individual appointed to a [position](/usc/5/5531.md?p=2) on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
  - (F) an individual selected pursuant to [chapter 121](/usc/28/chptV-ch121.md) of title 28, and serving as a petit or grand juror; and
  - (G) an individual who is a System [member](/usc/5/5531.md?p=1) of the National Urban Search and Rescue Response System during a period of appointment into Federal [service](/usc/5/8331.md?p=12) pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;

  but does not include—

  - (i) a commissioned officer of the Regular Corps of the Public Health [Service](/usc/5/8331.md?p=12);
  - (ii) a commissioned officer of the Reserve Corps[^1] of the Public Health [Service](/usc/5/8331.md?p=12) on active duty;
  - (iii) a commissioned officer of the Environmental Science [Services](/usc/5/8331.md?p=12) Administration; or
  - (iv) a [member](/usc/5/5531.md?p=1) of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521–535 of title 4, District of Columbia Code; and
- (2) “physician” includes surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as defined by State law. The term “physician” includes chiropractors only to the extent that their reimbursable [services](/usc/5/8331.md?p=12) are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary;
- (3) “medical, surgical, and hospital services and supplies” includes [services](/usc/5/8331.md?p=12) and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners and hospitals within the scope of their practice as defined by State law. Reimbursable chiropractic [services](/usc/5/8331.md?p=12) are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary;
- (4) “monthly pay” means the monthly pay at the time of [injury](#5), or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than 6 months after the injured [employee](#1) resumes regular full-time employment with the United States, whichever is greater, except when otherwise determined under [section 8113 of this title](/usc/5/8113.md) with respect to any period;
- (5) “injury” includes, in addition to injury by accident, a disease proximately caused by the employment, 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](/usc/5/8331.md?p=12);
- (6) “widow” means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion;
- (7) “parent” includes stepparents and parents by adoption;
- (8) “brother” and “sister” mean one who at the time of the death of the [employee](#1) is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters;
- (9) “child” means one who at the time of the death of the [employee](#1) is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children;
- (10) “grandchild” means one who at the time of the death of the [employee](#1) is under 18 years of age or over that age and incapable of self-support;
- (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;
- (12) “compensation” includes the money allowance payable to an [employee](#1) or his dependents and any other benefits paid for from the [Employees](#1)’ Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death;
- (13) “war-risk hazard” means a hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring in the country in which an individual to whom this subchapter applies is serving; from—
  - (A) the discharge of a missile, including liquids and gas, or the use of a weapon, explosive, or other noxious thing by a [hostile force or individual](#14) or in combating an attack or an imagined attack by a [hostile force or individual](#14);
  - (B) action of a [hostile force or individual](#14), including rebellion or insurrection against the United States or any of its [allies](#15);
  - (C) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a [hostile force or individual](#14);
  - (D) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or
  - (E) the operation of vessels or aircraft in a zone of hostilities or engaged in [war activities](#16);
- (14) “hostile force or individual” means a nation, a subject of a foreign nation, or an individual serving a foreign nation—
  - (A) engaged in a war against the United States or any of its [allies](#15);
  - (B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its [allies](#15); or
  - (C) engaged in a war or armed conflict between military forces of any origin in a country in which an individual to whom this subchapter applies is serving;
- (15) “allies” means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance;
- (16) “war activities” includes activities directly relating to military operations;
- (17) “student” means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is—
  - (A) a school or college or university operated or directly supported by the United States, or by a State or local government or political subdivision thereof;
  - (B) a school or college or university which has been accredited by a State or by a State-recognized or nationally recognized accrediting [agency](/usc/5/500.md?p=a-1) or body;
  - (C) a school or college or university not so accredited but whose credits are accepted, on transfer, by at least three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; or
  - (D) an additional type of educational or training institution as defined by the Secretary of Labor.

  Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period;

- (18) “price index” means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and
- (19) “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
- (20) “United States medical officers and hospitals” includes medical officers and hospitals of the Army, Navy, Air Force, Department of Veterans Affairs, and United States Public Health [Service](/usc/5/8331.md?p=12), and any other medical officer or hospital designated as a United States medical officer or hospital by the Secretary of Labor.

# §8102. Compensation for disability or death of employee

- (a) The United States shall pay [compensation](/usc/5/8101.md?p=12) as specified by this subchapter for the disability or death of an [employee](/usc/5/8101.md?p=1) resulting from personal [injury](/usc/5/8101.md?p=5) sustained while in the performance of his duty, unless the [injury](/usc/5/8101.md?p=5) or death is—
  - (1) caused by willful misconduct of the [employee](/usc/5/8101.md?p=1);
  - (2) caused by the [employee](/usc/5/8101.md?p=1)’s intention to bring about the [injury](/usc/5/8101.md?p=5) or death of himself or of another; or
  - (3) proximately caused by the intoxication of the injured [employee](/usc/5/8101.md?p=1).
- (b) Disability or death from a [war-risk hazard](/usc/5/8101.md?p=13) or during or as a result of capture, detention, or other restraint by a [hostile force or individual](/usc/5/8101.md?p=14), suffered by an [employee](/usc/5/8101.md?p=1) who is employed outside the continental United States or in Alaska or in the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), is deemed to have resulted from personal [injury](/usc/5/8101.md?p=5) sustained while in the performance of his duty, whether or not the [employee](/usc/5/8101.md?p=1) was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the [hostile force or individual](/usc/5/8101.md?p=14). This subsection does not apply to an individual—
  - (1) whose residence is at or in the vicinity of the place of his employment and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or
  - (2) who is a prisoner of war or a protected individual under the Geneva Conventions of 1949 and is detained or utilized by the United States.

  This subsection does not affect the payment of [compensation](/usc/5/8101.md?p=12) under this subchapter derived otherwise than under this subsection, but [compensation](/usc/5/8101.md?p=12) for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on [account](/usc/5/8401.md?p=1) of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.


# §8102a. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force

- (a) **Death Gratuity Authorized.—** The United States shall pay a death gratuity of up to $100,000 to or for the survivor prescribed by [subsection (d)](#d) immediately upon receiving official notification of the death of an [employee](/usc/5/8101.md?p=1) who dies of [injuries](/usc/5/8101.md?p=5) incurred in connection with the [employee](/usc/5/8101.md?p=1)’s [service](/usc/5/8331.md?p=12) with an Armed Force in a [contingency operation](#e-1).
- (b) **Retroactive Payment in Certain Cases.—** At the discretion of the Secretary concerned, [subsection (a)](#a) may apply in the case of an [employee](/usc/5/8101.md?p=1) who died, on or after October 7, 2001, and before the date of enactment of this section, as a result of [injuries](/usc/5/8101.md?p=5) incurred in connection with the [employee](/usc/5/8101.md?p=1)’s [service](/usc/5/8331.md?p=12) with an Armed Force in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom.
- (c) **Relationship to Other Benefits.—** The death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 413 of the Foreign Service Act of 1980, section 1603 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, or any other law of the United States based on the same death.
- (d) **Eligible Survivors.—**
  - (1) Subject to [paragraph (5)](#d-5), a death gratuity payable upon the death of a person covered by [subsection (a)](#a) shall be paid to or for the living survivor highest on the following list:
    - (A) The [employee](/usc/5/8101.md?p=1)’s surviving spouse.
    - (B) The [employee](/usc/5/8101.md?p=1)’s children, as prescribed by [paragraph (2)](#d-2), in equal shares.
    - (C) If designated by the [employee](/usc/5/8101.md?p=1), any one or more of the following persons:
      - (i) The [employee](/usc/5/8101.md?p=1)’s [parents](/usc/5/8101.md?p=7) or persons in loco parentis, as prescribed by [paragraph (3)](#d-3).
      - (ii) The [employee](/usc/5/8101.md?p=1)’s brothers.
      - (iii) The [employee](/usc/5/8101.md?p=1)’s sisters.
    - (D) The [employee](/usc/5/8101.md?p=1)’s [parents](/usc/5/8101.md?p=7) or persons in loco parentis, as prescribed by [paragraph (3)](#d-3), in equal shares.
    - (E) The [employee](/usc/5/8101.md?p=1)’s brothers and sisters in equal shares.

    Subparagraphs (C) and (E) of this paragraph include brothers and sisters of the half blood and those through adoption.

  - (2) [Paragraph (1)(B)](#d-1-B) applies, without regard to age or marital status, to—
    - (A) legitimate children;
    - (B) adopted children;
    - (C) stepchildren who were a part of the decedent’s household at the time of death;
    - (D) illegitimate children of a female decedent; and
    - (E) illegitimate children of a male decedent—
      - (i) who have been acknowledged in writing signed by the decedent;
      - (ii) who have been judicially determined, before the decedent’s death, to be his children;
      - (iii) who have been otherwise proved, by evidence satisfactory to the employing [agency](/usc/5/500.md?p=a-1), to be children of the decedent; or
      - (iv) to whose support the decedent had been judicially ordered to contribute.
  - (3) Subparagraphs [(C)](#d-1-C) and [(D)](#d-1-D) of paragraph (1), so far as they apply to [parents](/usc/5/8101.md?p=7) and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before the decedent became an [employee](/usc/5/8101.md?p=1). However, only one father and one mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent became an [employee](/usc/5/8101.md?p=1).
  - (4) A person covered by this section may designate another person to receive an amount payable under this section. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with [subparagraphs (A) through (E)](#d-1-A..d-1-E) of paragraph (1).
  - (5) If a person entitled to all or a portion of a death gratuity under paragraph [(1)](#d-1) or [(4)](#d-4) dies before the person receives the death gratuity, it shall be paid to the living survivor next in the order prescribed by [paragraph (1)](#d-1).
  - (6) If a person covered by this section has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under this section, the head of the [agency](/usc/5/500.md?p=a-1), or other entity, in which that person is employed shall provide notice of the designation to the spouse.
- (e) **Definitions.—**
  - (1) The term “contingency operation” has the meaning given to that term in [section 1482a(c) of title 10](/usc/10/1482a.md?p=c), United States Code.
  - (2) The term “[employee](/usc/5/8101.md?p=1)” has the meaning provided in [section 8101 of this title](/usc/5/8101.md), but also includes a [nonappropriated fund instrumentality](/usc/5/5595.md?p=h-6-C) [employee](/usc/5/8101.md?p=1), as defined in [section 1587(a)(1) of title 10](/usc/10/1587.md?p=a-1).

# §8103. Medical services and initial medical and other benefits

- (a) The United States shall furnish to an [employee](/usc/5/8101.md?p=1) who is injured while in the performance of duty, the [services](/usc/5/8331.md?p=12), appliances, and supplies prescribed or recommended by a qualified [physician](/usc/5/8101.md?p=2), which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly [compensation](/usc/5/8101.md?p=12). These [services](/usc/5/8331.md?p=12), appliances, and supplies shall be furnished—
  - (1) whether or not disability has arisen;
  - (2) notwithstanding that the [employee](/usc/5/8101.md?p=1) has accepted or is entitled to receive benefits under subchapter III of [chapter 83](/usc/5/chptIII-sptG-ch83.md) of this title or another retirement system for [employees](/usc/5/8101.md?p=1) of the Government; and
  - (3) by or on the order of [United States medical officers and hospitals](/usc/5/8101.md?p=20), or, at the [employee](/usc/5/8101.md?p=1)’s option, by or on the order of [physicians](/usc/5/8101.md?p=2) and hospitals designated or approved by the Secretary.

  The [employee](/usc/5/8101.md?p=1) may initially select a [physician](/usc/5/8101.md?p=2) to provide medical [services](/usc/5/8331.md?p=12), 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](/usc/5/8331.md?p=12), appliances, and supplies. These expenses, when authorized or approved by the Secretary, shall be paid from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund.

- (b) The Secretary, under such limitations or conditions as he considers necessary, may authorize the employing [agencies](/usc/5/500.md?p=a-1) to provide for the initial furnishing of medical and other benefits under this section. The Secretary may certify vouchers for these expenses out of the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund when the immediate superior of the [employee](/usc/5/8101.md?p=1) certifies that the expense was incurred in respect to an [injury](/usc/5/8101.md?p=5) which was accepted by the employing [agency](/usc/5/500.md?p=a-1) as probably compensable under this subchapter. The Secretary shall prescribe the form and content of the certificate.

# §8104. Vocational rehabilitation

- (a) The Secretary of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation [services](/usc/5/8331.md?p=12). In providing for these [services](/usc/5/8331.md?p=12), the Secretary, insofar as practicable, shall use the [services](/usc/5/8331.md?p=12) or facilities of State [agencies](/usc/5/500.md?p=a-1) and corresponding [agencies](/usc/5/500.md?p=a-1) which cooperate with the Secretary of Health, Education, and Welfare in carrying out the purposes of [chapter 4](/usc/29/ch4.md) of title 29, except to the extent that the Secretary of Labor provides for furnishing these [services](/usc/5/8331.md?p=12) under [section 8103 of this title](/usc/5/8103.md). The cost of providing these [services](/usc/5/8331.md?p=12) to individuals undergoing vocational rehabilitation under this section shall be paid from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund. However, in reimbursing a State or corresponding [agency](/usc/5/500.md?p=a-1) under an arrangement pursuant to this section the cost to the [agency](/usc/5/500.md?p=a-1) reimbursable in full under [section 32(b)(1) of title 29](https://uscode.house.gov/view.xhtml?req=(/us/usc/t29/s32/b/1)) is excluded.
- (b) Notwithstanding [section 8106](/usc/5/8106.md), individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive [compensation](/usc/5/8101.md?p=12) at the rate provided in sections [8105](/usc/5/8105.md) and [8110](/usc/5/8110.md) of this title, less the amount of any earnings received from remunerative employment, other than employment undertaken pursuant to such rehabilitation.

# §8105. Total disability

- (a) If the disability is total, the United States shall pay the [employee](/usc/5/8101.md?p=1) during the disability monthly monetary [compensation](/usc/5/8101.md?p=12) equal to 66⅔ percent of his [monthly pay](/usc/5/8101.md?p=4), which is known as his basic [compensation](/usc/5/8101.md?p=12) for total disability.
- (b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.

# §8106. Partial disability

- (a) If the disability is partial, the United States shall pay the [employee](/usc/5/8101.md?p=1) during the disability monthly monetary [compensation](/usc/5/8101.md?p=12) equal to 66⅔ percent of the difference between his [monthly pay](/usc/5/8101.md?p=4) and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic [compensation](/usc/5/8101.md?p=12) for partial disability.
- (b) The Secretary of Labor may require a partially disabled [employee](/usc/5/8101.md?p=1) to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The [employee](/usc/5/8101.md?p=1) shall include in the affidavit or report the value of housing, [board](/usc/5/8401.md?p=5), lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An [employee](/usc/5/8101.md?p=1) who—
  - (1) fails to make an affidavit or report when required; or
  - (2) knowingly omits or understates any part of his earnings;

  forfeits his right to [compensation](/usc/5/8101.md?p=12) with respect to any period for which the affidavit or report was required. [Compensation](/usc/5/8101.md?p=12) forfeited under this subsection, if already paid, shall be recovered by a deduction from the [compensation](/usc/5/8101.md?p=12) payable to the [employee](/usc/5/8101.md?p=1) or otherwise recovered under [section 8129 of this title](/usc/5/8129.md), unless recovery is waived under that section.

- (c) A partially disabled [employee](/usc/5/8101.md?p=1) who—
  - (1) refuses to seek suitable work; or
  - (2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;

  is not entitled to [compensation](/usc/5/8101.md?p=12).


# §8107. Compensation schedule

- (a) If there is permanent disability involving the loss, or loss of use, of a [member](/usc/5/5531.md?p=1) or function of the body or involving disfigurement, the [employee](/usc/5/8101.md?p=1) is entitled to basic [compensation](/usc/5/8101.md?p=12) for the disability, as provided by the schedule in [subsection (c)](#c) of this section, at the rate of 66⅔ percent of his [monthly pay](/usc/5/8101.md?p=4). The basic [compensation](/usc/5/8101.md?p=12) is—
  - (1) payable regardless of whether the cause of the disability originates in a part of the body other than that [member](/usc/5/5531.md?p=1);
  - (2) payable regardless of whether the disability also involves another impairment of the body; and
  - (3) in addition to [compensation](/usc/5/8101.md?p=12) for temporary total or temporary partial disability.
- (b) With respect to any period after payments under [subsection (a)](#a) of this section have ended, an [employee](/usc/5/8101.md?p=1) is entitled to [compensation](/usc/5/8101.md?p=12) as provided by—
  - (1) [section 8105 of this title](/usc/5/8105.md) if the disability is total; or
  - (2) [section 8106 of this title](/usc/5/8106.md) if the disability is partial.
- (c) The [compensation](/usc/5/8101.md?p=12) schedule is as follows:
  - (1) Arm lost, 312 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (2) Leg lost, 288 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (3) Hand lost, 244 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (4) Foot lost, 205 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (5) Eye lost, 160 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (6) Thumb lost, 75 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (7) First finger lost, 46 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (8) Great toe lost, 38 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (9) Second finger lost, 30 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (10) Third finger lost, 25 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (11) Toe other than great toe lost, 16 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (12) Fourth finger lost, 15 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (13) Loss of hearing—
    - (A) complete loss of hearing of one ear, 52 weeks’ [compensation](/usc/5/8101.md?p=12); or
    - (B) complete loss of hearing of both ears, 200 weeks’ [compensation](/usc/5/8101.md?p=12).
  - (14) [Compensation](/usc/5/8101.md?p=12) for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye.
  - (15) [Compensation](/usc/5/8101.md?p=12) for loss of more than one phalanx of a digit is the same as for loss of the entire digit. [Compensation](/usc/5/8101.md?p=12) for loss of the first phalanx is one-half of the [compensation](/usc/5/8101.md?p=12) for loss of the entire digit.
  - (16) If, in the case of an arm or a leg, the [member](/usc/5/5531.md?p=1) is amputated above the wrist or ankle, [compensation](/usc/5/8101.md?p=12) is the same as for loss of the arm or leg, respectively.
  - (17) [Compensation](/usc/5/8101.md?p=12) 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, is proportioned to the loss of use of the hand or foot occasioned thereby.
  - (18) [Compensation](/usc/5/8101.md?p=12) for permanent total loss of use of a [member](/usc/5/5531.md?p=1) is the same as for loss of the [member](/usc/5/5531.md?p=1).
  - (19) [Compensation](/usc/5/8101.md?p=12) for permanent partial loss of use of a [member](/usc/5/5531.md?p=1) may be for proportionate loss of use of the [member](/usc/5/5531.md?p=1). The degree of loss of vision or hearing under this schedule is determined without regard to correction.
  - (20) In case of loss of use of more than one [member](/usc/5/5531.md?p=1) or parts of more than one [member](/usc/5/5531.md?p=1) as enumerated by this schedule, the [compensation](/usc/5/8101.md?p=12) is for loss of use of each [member](/usc/5/5531.md?p=1) or part thereof, and the awards run consecutively. However, when the [injury](/usc/5/8101.md?p=5) affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, [compensation](/usc/5/8101.md?p=12) is computed on the loss as affecting both ears.
  - (21) For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable [compensation](/usc/5/8101.md?p=12) not to exceed $3,500 shall be awarded in addition to any other [compensation](/usc/5/8101.md?p=12) payable under this schedule.
  - (22) For permanent loss or loss of use of any other important external or internal [organ](/usc/5/8101.md?p=19) of the body as determined by the Secretary, proper and equitable [compensation](/usc/5/8101.md?p=12) not to exceed 312 weeks’ [compensation](/usc/5/8101.md?p=12) for each [organ](/usc/5/8101.md?p=19) so determined shall be paid in addition to any other [compensation](/usc/5/8101.md?p=12) payable under this schedule.

# §8108. Reduction of compensation for subsequent injury to same member


The period of [compensation](/usc/5/8101.md?p=12) payable under the schedule in [section 8107(c) of this title](/usc/5/8107.md?p=c) is reduced by the period of [compensation](/usc/5/8101.md?p=12) paid or payable under the schedule for an earlier [injury](/usc/5/8101.md?p=5) if—

- (1) [compensation](/usc/5/8101.md?p=12) in both cases is for disability of the same [member](/usc/5/5531.md?p=1) or function or different parts of the same [member](/usc/5/5531.md?p=1) or function or for disfigurement; and
- (2) the Secretary of Labor finds that [compensation](/usc/5/8101.md?p=12) payable for the later disability in whole or in part would duplicate the [compensation](/usc/5/8101.md?p=12) payable for the preexisting disability.

In such a case, [compensation](/usc/5/8101.md?p=12) for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.


# §8109. Beneficiaries of awards unpaid at death; order of precedence

- (a) If an individual—
  - (1) has sustained disability compensable under [section 8107(a) of this title](/usc/5/8107.md?p=a);
  - (2) has filed a valid claim in his lifetime; and
  - (3) dies from a cause other than the [injury](/usc/5/8101.md?p=5) before the end of the period specified by the schedule;

  the [compensation](/usc/5/8101.md?p=12) specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid—

  - (A) under an award made before or after the death;
  - (B) for the period specified by the schedule;
  - (C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and
  - (D) in the following order of precedence:
    - (i) If there is no [child](/usc/5/8101.md?p=9), to the [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11).
    - (ii) If there are both a [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) and a [child](/usc/5/8101.md?p=9) or children, one-half to the [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) and one-half to the [child](/usc/5/8101.md?p=9) or children.
    - (iii) If there is no [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11), to the [child](/usc/5/8101.md?p=9) or children.
    - (iv) If there is no survivor in the above classes, to the [parent](/usc/5/8101.md?p=7) or [parents](/usc/5/8101.md?p=7) wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by [section 8133(a)(5) of this title](/usc/5/8133.md?p=a-5), or to both in proportions provided by regulation.
    - (v) If there is no survivor in the above classes and no burial allowance is payable under [section 8134 of this title](/usc/5/8134.md), an amount not exceeding that which would be expendable under [section 8134 of this title](/usc/5/8134.md) if applicable shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he has paid the burial expenses, but a compensated insurer or other person obligated by law or contract to pay the burial expenses or a State or political subdivision or entity is deemed not equitably entitled.
- (b) Payments under [subsection (a)](#a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of [compensation](/usc/5/8101.md?p=12) for permanent disability specified by [section 8107(a) of this title](/usc/5/8107.md?p=a) even if at the time of death the individual was entitled to the augmented rate specified by [section 8110 of this title](/usc/5/8110.md).
- (c) A surviving beneficiary under [subsection (a)](#a) of this section, except one under [subsection (a)(D)(v)](#a-D-v), does not have a vested right to payment and must be alive to receive payment.
- (d) A beneficiary under [subsection (a)](#a) of this section, except one under [subsection (a)(D)(v)](#a-D-v), ceases to be entitled to payment on the happening of an event which would terminate his right to [compensation](/usc/5/8101.md?p=12) for death under [section 8133 of this title](/usc/5/8133.md). When that entitlement ceases, [compensation](/usc/5/8101.md?p=12) remaining unpaid under [subsection (a)](#a) of this section is payable to the surviving beneficiary in accordance with [subsection (a)](#a) of this section.

# §8110. Augmented compensation for dependents

- (a) For the purpose of this section, “dependent” means—
  - (1) a wife, if—
    - (A) she is a [member](/usc/5/5531.md?p=1) of the same household as the [employee](/usc/5/8101.md?p=1);
    - (B) she is receiving regular contributions from the [employee](/usc/5/8101.md?p=1) for her support; or
    - (C) the [employee](/usc/5/8101.md?p=1) has been ordered by a court to contribute to her support;
  - (2) a husband, if—
    - (A) he is a [member](/usc/5/5531.md?p=1) of the same household as the [employee](/usc/5/8101.md?p=1); or
    - (B) he is receiving regular contributions from the [employee](/usc/5/8101.md?p=1) for his support; or
    - (C) the [employee](/usc/5/8101.md?p=1) has been ordered by a court to contribute to his support;
  - (3) an unmarried [child](/usc/5/8101.md?p=9), while living with the [employee](/usc/5/8101.md?p=1) or receiving regular contributions from the [employee](/usc/5/8101.md?p=1) toward his support, and who is—
    - (A) under 18 years of age; or
    - (B) over 18 years of age and incapable of self-support because of physical or mental disability; and
  - (4) a [parent](/usc/5/8101.md?p=7), while wholly dependent on and supported by the [employee](/usc/5/8101.md?p=1).

  Notwithstanding paragraph (3) of this subsection, [compensation](/usc/5/8101.md?p=12) payable for a [child](/usc/5/8101.md?p=9) that would otherwise end because the [child](/usc/5/8101.md?p=9) has reached 18 years of age shall continue if he is a [student](/usc/5/8101.md?p=17) as defined by [section 8101 of this title](/usc/5/8101.md) at the time he reaches 18 years of age for so long as he continues to be such a [student](/usc/5/8101.md?p=17) or until he marries.

- (b) A disabled [employee](/usc/5/8101.md?p=1) with one or more dependents is entitled to have his basic [compensation](/usc/5/8101.md?p=12) for disability augmented—
  - (1) at the rate of 8⅓ percent of his [monthly pay](/usc/5/8101.md?p=4) if that [compensation](/usc/5/8101.md?p=12) is payable under section [8105](/usc/5/8105.md) or [8107(a)](/usc/5/8107.md?p=a) of this title; and
  - (2) at the rate of 8⅓ percent of the difference between his [monthly pay](/usc/5/8101.md?p=4) and his monthly wage-earning capacity if that [compensation](/usc/5/8101.md?p=12) is payable under [section 8106(a) of this title](/usc/5/8106.md?p=a).

# §8111. Additional compensation for services of attendants or vocational rehabilitation

- (a) The Secretary of Labor may pay an [employee](/usc/5/8101.md?p=1) who has been awarded [compensation](/usc/5/8101.md?p=12) an additional sum of not more than $1,500 a month, as the Secretary considers necessary, when the Secretary finds that the [service](/usc/5/8331.md?p=12) of an attendant is necessary constantly because the [employee](/usc/5/8101.md?p=1) is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the [injury](/usc/5/8101.md?p=5) making him so helpless as to require constant attendance.
- (b) The Secretary may pay an individual undergoing vocational rehabilitation under [section 8104 of this title](/usc/5/8104.md) additional [compensation](/usc/5/8101.md?p=12) necessary for his maintenance, but not to exceed $200 a month.

# §8112. Maximum and minimum monthly payments

- (a) Except as provided by [section 8138 of this title](/usc/5/8138.md), the monthly rate of [compensation](/usc/5/8101.md?p=12) for disability, including augmented [compensation](/usc/5/8101.md?p=12) under [section 8110 of this title](/usc/5/8110.md) but not including additional [compensation](/usc/5/8101.md?p=12) under [section 8111 of this title](/usc/5/8111.md), may not be more than 75 percent of the [monthly pay](/usc/5/8101.md?p=4) of the maximum rate of basic pay for GS–15, and in case of total disability may not be less than 75 percent of the [monthly pay](/usc/5/8101.md?p=4) of the minimum rate of basic pay for GS–2 or the amount of the [monthly pay](/usc/5/8101.md?p=4) of the [employee](/usc/5/8101.md?p=1), whichever is less.
- (b) The provisions of [subsection (a)](#a) shall not apply to any [employee](/usc/5/8101.md?p=1) whose disability is a result of an assault which occurs during an assassination or attempted assassination of a Federal official described under section [351(a)](/usc/18/351.md?p=a) or [1751(a)](/usc/18/1751.md?p=a) of title 18, and was sustained in the performance of duty.

# §8113. Increase or decrease of basic compensation

- (a) If an individual—
  - (1) was a minor or employed in a learner’s capacity at the time of [injury](/usc/5/8101.md?p=5); and
  - (2) was not physically or mentally handicapped before the [injury](/usc/5/8101.md?p=5);

  the Secretary of Labor, on review under [section 8128 of this title](/usc/5/8128.md) after the time the wage-earning capacity of the individual would probably have increased but for the [injury](/usc/5/8101.md?p=5), shall recompute prospectively the monetary [compensation](/usc/5/8101.md?p=12) payable for disability on the basis of an assumed [monthly pay](/usc/5/8101.md?p=4) corresponding to the probable increased wage-earning capacity.

- (b) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under [section 8104 of this title](/usc/5/8104.md), the Secretary, on review under [section 8128 of this title](/usc/5/8128.md) and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary [compensation](/usc/5/8101.md?p=12) of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.

# §8114. Computation of pay

- (a) For the purpose of this section—
  - (1) “overtime pay” means pay for hours of [service](/usc/5/8331.md?p=12) in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and
  - (2) “year” means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Secretary of Labor.
- (b) In computing monetary [compensation](/usc/5/8101.md?p=12) for disability or death on the basis of [monthly pay](/usc/5/8101.md?p=4), that pay is determined under this section.
- (c) The [monthly pay](/usc/5/8101.md?p=4) at the time of [injury](/usc/5/8101.md?p=5) is deemed one-twelfth of the average annual earnings of the [employee](/usc/5/8101.md?p=1) at that time. When [compensation](/usc/5/8101.md?p=12) is paid on a weekly basis, the weekly equivalent of the [monthly pay](/usc/5/8101.md?p=4) is deemed one-fifty-second of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the [compensation](/usc/5/8101.md?p=12), in the discretion of the Secretary of Labor, may be computed on the basis of the actual daily wage of the [employee](/usc/5/8101.md?p=1) at the time of [injury](/usc/5/8101.md?p=5) in which event he may be paid [compensation](/usc/5/8101.md?p=12) for the days he would have worked but for the [injury](/usc/5/8101.md?p=5).
- (d) Average annual earnings are determined as follows:
  - (1) If the [employee](/usc/5/8101.md?p=1) worked in the employment in which he was employed at the time of his [injury](/usc/5/8101.md?p=5) during substantially the whole year immediately preceding the [injury](/usc/5/8101.md?p=5) and the employment was in a [position](/usc/5/5531.md?p=2) for which an annual rate of pay—
    - (A) was fixed, the average annual earnings are the annual rate of pay; or
    - (B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 5½-day week, and 260 if employed on the basis of a 5-day week.
  - (2) If the [employee](/usc/5/8101.md?p=1) did not work in employment in which he was employed at the time of his [injury](/usc/5/8101.md?p=5) during substantially the whole year immediately preceding the [injury](/usc/5/8101.md?p=5), but the [position](/usc/5/5531.md?p=2) was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an [employee](/usc/5/8101.md?p=1) of the same class working substantially the whole immediately preceding year in the same or similar employment by the United States in the same or neighboring place, as determined under paragraph (1) of this subsection.
  - (3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured [employee](/usc/5/8101.md?p=1) in the employment in which he was working at the time of the [injury](/usc/5/8101.md?p=5) having regard to the previous earnings of the [employee](/usc/5/8101.md?p=1) in Federal employment, and of other [employees](/usc/5/8101.md?p=1) of the United States in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the [employee](/usc/5/8101.md?p=1), or other relevant factors. However, the average annual earnings may not be less than 150 times the average daily wage the [employee](/usc/5/8101.md?p=1) earned in the employment during the days employed within 1 year immediately preceding his [injury](/usc/5/8101.md?p=5).
  - (4) If the [employee](/usc/5/8101.md?p=1) served without pay or at nominal pay, paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the [employee](/usc/5/8101.md?p=1) may not exceed the minimum rate of basic pay for GS–15. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the [service](/usc/5/8331.md?p=12) performed but not in excess of $3,600 a year.
- (e) The value of subsistence and quarters, and of any other form of remuneration in kind for [services](/usc/5/8331.md?p=12) if its value can be estimated in money, and premium pay under [section 5545(c)(1) of this title](/usc/5/5545.md?p=c-1) are included as part of the pay, but [account](/usc/5/8401.md?p=1) is not taken of—
  - (1) [overtime pay](#a-1);
  - (2) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or
  - (3) bonus or premium pay for extraordinary [service](/usc/5/8331.md?p=12) including bonus or pay for particularly hazardous [service](/usc/5/8331.md?p=12) in time of war.

# §8115. Determination of wage-earning capacity

- (a) In determining [compensation](/usc/5/8101.md?p=12) for partial disability, except permanent partial disability compensable under sections 8107–8109 of this title, the wage-earning capacity of an [employee](/usc/5/8101.md?p=1) is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the [employee](/usc/5/8101.md?p=1) do not fairly and reasonably represent his wage-earning capacity or if the [employee](/usc/5/8101.md?p=1) has no actual earnings, his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to—
  - (1) the nature of his [injury](/usc/5/8101.md?p=5);
  - (2) the degree of physical impairment;
  - (3) his usual employment;
  - (4) his age;
  - (5) his qualifications for other employment;
  - (6) the availability of suitable employment; and
  - (7) other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
- (b) [Section 8114(d) of this title](/usc/5/8114.md?p=d) is applicable in determining the wage-earning capacity of an [employee](/usc/5/8101.md?p=1) after the beginning of partial disability.

# §8116. Limitations on right to receive compensation

- (a) While an [employee](/usc/5/8101.md?p=1) is receiving [compensation](/usc/5/8101.md?p=12) under this subchapter, or if he has been paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, he may not receive salary, pay, or remuneration of any type from the United States, except—
  - (1) in return for [service](/usc/5/8331.md?p=12) actually performed;
  - (2) pension for [service](/usc/5/8331.md?p=12) in the Army, Navy, or Air Force;
  - (3) other benefits administered by the Department of Veterans Affairs unless such benefits are payable for the same [injury](/usc/5/8101.md?p=5) or the same death; and
  - (4) retired pay, retirement pay, retainer pay, or equivalent pay for [service](/usc/5/8331.md?p=12) in the [Armed Forces](/usc/5/2101.md?p=2) or other [uniformed services](/usc/5/2101.md?p=3).

  However, eligibility for or receipt of benefits under subchapter III of [chapter 83](/usc/5/chptIII-sptG-ch83.md) of this title, or another retirement system for [employees](/usc/5/8101.md?p=1) of the Government, does not impair the right of the [employee](/usc/5/8101.md?p=1) to [compensation](/usc/5/8101.md?p=12) for scheduled disabilities specified by [section 8107(c) of this title](/usc/5/8107.md?p=c).

- (b) An individual entitled to benefits under this subchapter because of his [injury](/usc/5/8101.md?p=5), or because of the death of an [employee](/usc/5/8101.md?p=1), who also is entitled to receive from the United States under a provision of statute other than this subchapter payments or benefits for that [injury](/usc/5/8101.md?p=5) or death (except proceeds of an insurance policy), because of [service](/usc/5/8331.md?p=12) by him (or in the case of death, by the deceased) as an [employee](/usc/5/8101.md?p=1) or in the [armed forces](/usc/5/2101.md?p=2), shall elect which benefits he will receive. The individual shall make the election within 1 year after the [injury](/usc/5/8101.md?p=5) or death or within a further time allowed for good cause by the Secretary of Labor. The election when made is irrevocable, except as otherwise provided by statute.
- (c) The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the [injury](/usc/5/8101.md?p=5) or death of an [employee](/usc/5/8101.md?p=1) is exclusive and instead of all other liability of the United States or the instrumentality to the [employee](/usc/5/8101.md?p=1), his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the [injury](/usc/5/8101.md?p=5) or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s [compensation](/usc/5/8101.md?p=12) statute or under a Federal tort liability statute. However, this subsection does not apply to a master or a [member](/usc/5/5531.md?p=1) of a crew of a vessel.
- (d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of [chapter 84](/usc/5/chptIII-sptG-ch84.md) of this title or benefits under title II of the Social Security Act shall be entitled to all such benefits, except that—
  - (1) benefits received under section 223 of the Social Security Act (on [account](/usc/5/8401.md?p=1) of disability) shall be subject to reduction on [account](/usc/5/8401.md?p=1) of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and
  - (2) in the case of benefits received on [account](/usc/5/8401.md?p=1) of age or death under title II of the Social Security Act, [compensation](/usc/5/8101.md?p=12) payable under this subchapter based on the Federal [service](/usc/5/8331.md?p=12) of an [employee](/usc/5/8101.md?p=1) shall be reduced by the amount of any such social security benefits payable that are attributable to Federal [service](/usc/5/8331.md?p=12) of that [employee](/usc/5/8101.md?p=1) covered by [chapter 84](/usc/5/chptIII-sptG-ch84.md) of this title. However, eligibility for or receipt of benefits under [chapter 84](/usc/5/chptIII-sptG-ch84.md) of this title, or benefits under title II of the Social Security Act by virtue of [service](/usc/5/8331.md?p=12) covered by [chapter 84](/usc/5/chptIII-sptG-ch84.md) of this title, does not affect the right of the [employee](/usc/5/8101.md?p=1) to [compensation](/usc/5/8101.md?p=12) for scheduled disabilities specified by [section 8107(c) of this title](/usc/5/8107.md?p=c).

# §8117. Time of accrual of right

- (a) An [employee](/usc/5/8101.md?p=1) other than a Postal [Service](/usc/5/8331.md?p=12) [employee](/usc/5/8101.md?p=1) is not entitled to [compensation](/usc/5/8101.md?p=12) for the first 3 days of temporary disability, except—
  - (1) when the disability exceeds 14 days;
  - (2) when the disability is followed by permanent disability; or
  - (3) as provided by sections [8103](/usc/5/8103.md) and [8104](/usc/5/8104.md) of this title.
- (b) A Postal [Service](/usc/5/8331.md?p=12) [employee](/usc/5/8101.md?p=1) is not entitled to [compensation](/usc/5/8101.md?p=12) or continuation of pay for the first 3 days of temporary disability, except as provided under [paragraph (3)](#a-3) of subsection (a). A Postal [Service](/usc/5/8331.md?p=12) [employee](/usc/5/8101.md?p=1) may use annual leave, sick leave, or leave without pay during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the [employee](/usc/5/8101.md?p=1) may have their sick leave or annual leave reinstated or receive pay for the time spent on leave without pay under this section.

# §8118. Continuation of pay; election to use annual or sick leave

- (a) The United States shall authorize the continuation of pay of an [employee](/usc/5/8101.md?p=1), as defined in [section 8101(1) of this title](/usc/5/8101.md?p=1) (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](/usc/5/8101.md?p=5) with his immediate superior on a form approved by the Secretary of Labor within the time specified in [section 8122(a)(2) of this title](/usc/5/8122.md?p=a-2).
- (b) Continuation of pay under this subchapter shall be furnished—
  - (1) without a break in time, except as provided under [section 8117(b)](/usc/5/8117.md?p=b), unless controverted under regulations 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](/usc/5/8101.md?p=1) may use annual or sick leave to his credit at the time the disability begins, but his [compensation](/usc/5/8101.md?p=12) for disability does not begin, and the time periods specified by [section 8117 of this title](/usc/5/8117.md) do not begin to run, until termination of pay as set forth in subsections [(a)](#a) and [(b)](#b) or the use of annual or sick leave ends.
- (d) If a claim under [subsection (a)](#a) is denied by the Secretary, payments under this section shall, at the option of the [employee](/usc/5/8101.md?p=1), be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of [section 5584 of title 5](/usc/5/5584.md), United States Code.
- (e) Payments under this section shall not be considered as [compensation](/usc/5/8101.md?p=12) as defined by [section 8101(12) of this title](/usc/5/8101.md?p=12).

# §8119. Notice of injury or death


An [employee](/usc/5/8101.md?p=1) 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 beneficiary specified in [section 8133 of this title](/usc/5/8133.md), or someone on his behalf. A notice of [injury](/usc/5/8101.md?p=5) or death shall—

- (a) be given within 30 days after the [injury](/usc/5/8101.md?p=5) or death;
- (b) be given to the immediate superior of the [employee](/usc/5/8101.md?p=1) 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](/usc/5/8101.md?p=1);
- (e) state the year, month, day, and hour when and the particular locality where the [injury](/usc/5/8101.md?p=5) or death occurred;
- (f) state the cause and nature of the [injury](/usc/5/8101.md?p=5), 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.

# §8120. Report of injury


Immediately after an [injury](/usc/5/8101.md?p=5) to an [employee](/usc/5/8101.md?p=1) which results in his death or probable disability, his immediate superior shall report to the Secretary of Labor. The Secretary may—

- (1) prescribe the information that the report shall contain;
- (2) require the immediate superior to make supplemental reports; and
- (3) obtain such additional reports and information from [employees](/usc/5/8101.md?p=1) as are agreed on by the Secretary and the head of the employing [agency](/usc/5/500.md?p=a-1).

# §8121. Claim


[Compensation](/usc/5/8101.md?p=12) under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor. The claim shall—

- (1) be made in writing within the time specified by [section 8122 of this title](/usc/5/8122.md);
- (2) be delivered to the office of the Secretary of Labor or to an individual whom the Secretary may designate by regulation, or deposited in the mail properly stamped and addressed to the Secretary or his designee;
- (3) be on a form approved by the Secretary;
- (4) contain all information required by the Secretary;
- (5) be sworn to by the individual entitled to [compensation](/usc/5/8101.md?p=12) or someone on his behalf; and
- (6) except in case of death, be accompanied by a certificate of the [physician](/usc/5/8101.md?p=2) of the [employee](/usc/5/8101.md?p=1) stating the nature of the [injury](/usc/5/8101.md?p=5) and the nature and probable extent of the disability.

The Secretary may waive [paragraphs (3)–(6)](#3..6) of this section for reasonable cause shown.


# §8122. Time for making claim

- (a) An original claim for [compensation](/usc/5/8101.md?p=12) for disability or death must be filed within 3 years after the [injury](/usc/5/8101.md?p=5) or death. [Compensation](/usc/5/8101.md?p=12) 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](/usc/5/8101.md?p=5) or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job [injury](/usc/5/8101.md?p=5) or death; or
  - (2) written notice of [injury](/usc/5/8101.md?p=5) or death as specified in [section 8119 of this title](/usc/5/8119.md) was given within 30 days.
- (b) In a case of latent disability, the time for filing claim does not begin to run until the [employee](/usc/5/8101.md?p=1) has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. In such a case, the time for giving notice of [injury](/usc/5/8101.md?p=5) begins to run when the [employee](/usc/5/8101.md?p=1) is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability.
- (c) The timely filing of a disability claim because of [injury](/usc/5/8101.md?p=5) will satisfy the time requirements for a death claim based on the same [injury](/usc/5/8101.md?p=5).
- (d) The time limitations in subsections [(a)](#a) and [(b)](#b) of this section do not—
  - (1) begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed; or
  - (2) run against an incompetent individual while he is incompetent and has no duly appointed legal representative; or
  - (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.

# §8123. Physical examinations

- (a) An [employee](/usc/5/8101.md?p=1) shall submit to examination by a medical officer of the United States, or by a [physician](/usc/5/8101.md?p=2) designated or approved by the Secretary of Labor, after the [injury](/usc/5/8101.md?p=5) and as frequently and at the times and places as may be reasonably required. The [employee](/usc/5/8101.md?p=1) may have a [physician](/usc/5/8101.md?p=2) designated and paid by him present to participate in the examination. If there is disagreement between the [physician](/usc/5/8101.md?p=2) making the examination for the United States and the [physician](/usc/5/8101.md?p=2) of the [employee](/usc/5/8101.md?p=1), the Secretary shall appoint a third [physician](/usc/5/8101.md?p=2) who shall make an examination.
- (b) An [employee](/usc/5/8101.md?p=1) is entitled to be paid expenses incident to an examination required by the Secretary which in the opinion of the Secretary are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund.
- (c) The Secretary shall fix the fees for examinations held under this section by [physicians](/usc/5/8101.md?p=2) not employed by or under contract to the United States to furnish medical [services](/usc/5/8331.md?p=12) to [employees](/usc/5/8101.md?p=1). The fees, when authorized or approved by the Secretary, are paid from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund.
- (d) If an [employee](/usc/5/8101.md?p=1) refuses to submit to or obstructs an examination, his right to [compensation](/usc/5/8101.md?p=12) under this subchapter is suspended until the refusal or obstruction stops. [Compensation](/usc/5/8101.md?p=12) is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which [compensation](/usc/5/8101.md?p=12) is payable to the [employee](/usc/5/8101.md?p=1).

# §8124. Findings and award; hearings

- (a) The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of [compensation](/usc/5/8101.md?p=12) under this subchapter after—
  - (1) considering the claim presented by the beneficiary and the report furnished by the immediate superior; and
  - (2) completing such investigation as he considers necessary.
- (b)
  - (1) Before review under [section 8128(a) of this title](/usc/5/8128.md?p=a), a claimant for [compensation](/usc/5/8101.md?p=12) not satisfied with a decision of the Secretary under [subsection (a)](#a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary. At the hearing, the claimant is entitled to present evidence in further support of his claim. Within 30 days after the hearing ends, the Secretary shall notify the claimant in writing of his further decision and any modifications of the award he may make and of the basis of his decision.
  - (2) In conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by [section 554 of this title](/usc/5/554.md) except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he shall receive such relevant evidence as the claimant adduces and such other evidence as he determines necessary or useful in evaluating the claim.

# §8125. Misbehavior at proceedings


If an individual—

- (1) disobeys or resists a lawful order or process in proceedings under this subchapter before the Secretary of Labor or his representative; or
- (2) misbehaves during a hearing or so near the place of hearing as to obstruct it;

the Secretary or his representative shall certify the facts to the district court having jurisdiction in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court.


# §8126. Subpenas; oaths; examination of witnesses


The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may—

- (1) issue subpenas for and compel the attendance of witnesses within a radius of 100 miles;
- (2) administer oaths;
- (3) examine witnesses; and
- (4) require the production of books, papers, documents, and other evidence.

# §8127. Representation; attorneys’ fees

- (a) A claimant may authorize an individual to represent him in any proceeding under this subchapter before the Secretary of Labor.
- (b) A claim for legal or other [services](/usc/5/8331.md?p=12) furnished in respect to a case, claim, or award for [compensation](/usc/5/8101.md?p=12) under this subchapter is valid only if approved by the Secretary.

# §8128. Review of award

- (a) The Secretary of Labor may review an award for or against payment of [compensation](/usc/5/8101.md?p=12) at any time on his own motion or on application. The Secretary, in accordance with the facts found on review, may—
  - (1) end, decrease, or increase the [compensation](/usc/5/8101.md?p=12) previously awarded; or
  - (2) award [compensation](/usc/5/8101.md?p=12) previously refused or discontinued.
- (b) The action of the Secretary or his designee in allowing or denying a payment under this subchapter is—
  - (1) final and conclusive for all purposes and with respect to all questions of law and fact; and
  - (2) not subject to review by another official of the United States or by a court by mandamus or otherwise.

  Credit shall be allowed in the [accounts](/usc/5/8401.md?p=1) of a certifying or disbursing official for payments in accordance with that action.


# §8129. Recovery of overpayments

- (a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.
- (b) Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
- (c) A certifying or disbursing official is not liable for an amount certified or paid by him when—
  - (1) adjustment or recovery of the amount is waived under [subsection (b)](#b) of this section; or
  - (2) adjustment under [subsection (a)](#a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.

# §8130. Assignment of claim


An assignment of a claim for [compensation](/usc/5/8101.md?p=12) under this subchapter is void. [Compensation](/usc/5/8101.md?p=12) and claims for [compensation](/usc/5/8101.md?p=12) are exempt from claims of creditors.


# §8131. Subrogation of the United States

- (a) If an [injury](/usc/5/8101.md?p=5) or death for which continuation of pay or [compensation](/usc/5/8101.md?p=12) is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to—
  - (1) assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or
  - (2) prosecute the action in his own name.

  An [employee](/usc/5/8101.md?p=1) required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.

- (b) A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to [compensation](/usc/5/8101.md?p=12) under this subchapter.
- (c) The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund the amount of continuation of pay or [compensation](/usc/5/8101.md?p=12) already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of [compensation](/usc/5/8101.md?p=12) payable for the same [injury](/usc/5/8101.md?p=5). However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.
- (d) If an [injury](/usc/5/8101.md?p=5) or death for which [compensation](/usc/5/8101.md?p=12) is payable under this subchapter is caused under circumstances creating a legal liability 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 Columbia, or a foreign country, [compensation](/usc/5/8101.md?p=12) is not payable until the individual entitled to [compensation](/usc/5/8101.md?p=12)—
  - (1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or
  - (2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company.

# §8132. Adjustment after recovery from a third person


If an [injury](/usc/5/8101.md?p=5) or death for which continuation of pay or [compensation](/usc/5/8101.md?p=12) 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 beneficiary entitled to continuation of pay or [compensation](/usc/5/8101.md?p=12) from the United States for that [injury](/usc/5/8101.md?p=5) or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or on his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the United States the amount of continuation of pay or [compensation](/usc/5/8101.md?p=12) paid by the United States and credit any surplus on future payments of [compensation](/usc/5/8101.md?p=12) payable to him for the same [injury](/usc/5/8101.md?p=5). 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](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund. If continuation of pay or [compensation](/usc/5/8101.md?p=12) has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or [compensation](/usc/5/8101.md?p=12) payable to him by the United States for the same [injury](/usc/5/8101.md?p=5). 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 distribution, an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the United States.


# §8133. Compensation in case of death

- (a) If death results from an [injury](/usc/5/8101.md?p=5) sustained in the performance of duty, the United States shall pay a monthly [compensation](/usc/5/8101.md?p=12) equal to a percentage of the [monthly pay](/usc/5/8101.md?p=4) of the deceased [employee](/usc/5/8101.md?p=1) in accordance with the following schedule:
  - (1) To the [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11), if there is no [child](/usc/5/8101.md?p=9), 50 percent.
  - (2) To the [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11), if there is a [child](/usc/5/8101.md?p=9), 45 percent and in addition 15 percent for each [child](/usc/5/8101.md?p=9) not to exceed a total of 75 percent for the [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) and children.
  - (3) To the children, if there is no [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11), 40 percent for one [child](/usc/5/8101.md?p=9) and 15 percent additional for each additional [child](/usc/5/8101.md?p=9) not to exceed a total of 75 percent, divided among the children share and share alike.
  - (4) To the [parents](/usc/5/8101.md?p=7), if there is no [widow](/usc/5/8101.md?p=6), [widower](/usc/5/8101.md?p=11), or [child](/usc/5/8101.md?p=9), as follows—
    - (A) 25 percent if one [parent](/usc/5/8101.md?p=7) was wholly dependent on the [employee](/usc/5/8101.md?p=1) 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 Secretary of Labor if one or both were partly dependent.

    If there is a [widow](/usc/5/8101.md?p=6), [widower](/usc/5/8101.md?p=11), or [child](/usc/5/8101.md?p=9), so much of the percentages are payable as, when added to the total percentages payable to the [widow](/usc/5/8101.md?p=6), [widower](/usc/5/8101.md?p=11), and children, will not exceed a total of 75 percent.

  - (5) To the brothers, sisters, grandparents, and grandchildren, if there is no [widow](/usc/5/8101.md?p=6), [widower](/usc/5/8101.md?p=11), [child](/usc/5/8101.md?p=9), or dependent [parent](/usc/5/8101.md?p=7), as follows—
    - (A) 20 percent if one was wholly dependent on the [employee](/usc/5/8101.md?p=1) 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](/usc/5/8101.md?p=6), [widower](/usc/5/8101.md?p=11), [child](/usc/5/8101.md?p=9), or dependent [parent](/usc/5/8101.md?p=7), so much of the percentages are payable as, when added to the total percentages payable to the [widow](/usc/5/8101.md?p=6), [widower](/usc/5/8101.md?p=11), children, and dependent [parents](/usc/5/8101.md?p=7), will not exceed a total of 75 percent.

- (b) The [compensation](/usc/5/8101.md?p=12) payable under [subsection (a)](#a) of this section is paid from the time of death until—
  - (1) a [widow](/usc/5/8101.md?p=6), or [widower](/usc/5/8101.md?p=11) dies or remarries before reaching age 55;
  - (2) a [child](/usc/5/8101.md?p=9), a brother, a sister, or a [grandchild](/usc/5/8101.md?p=10) 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](/usc/5/8101.md?p=7) or grandparent dies, marries, or ceases to be dependent.

  Notwithstanding paragraph (2) of this subsection, [compensation](/usc/5/8101.md?p=12) payable to or for a [child](/usc/5/8101.md?p=9), a brother or sister, or [grandchild](/usc/5/8101.md?p=10) that would otherwise end because the [child](/usc/5/8101.md?p=9), brother or sister, or [grandchild](/usc/5/8101.md?p=10) has reached 18 years of age shall continue if he is a [student](/usc/5/8101.md?p=17) as defined by [section 8101 of this title](/usc/5/8101.md) at the time he reaches 18 years of age for so long as he continues to be such a [student](/usc/5/8101.md?p=17) or until he marries. A [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) who has entitlements to benefits under this title derived from more than one husband or wife shall elect one entitlement to be utilized.

- (c) On the cessation of [compensation](/usc/5/8101.md?p=12) under this section to or on [account](/usc/5/8401.md?p=1) of an individual, the [compensation](/usc/5/8101.md?p=12) of the remaining individuals entitled to [compensation](/usc/5/8101.md?p=12) for the unexpired part of the period during which their [compensation](/usc/5/8101.md?p=12) is payable, is that which they would have received if they had been the only individuals entitled to [compensation](/usc/5/8101.md?p=12) at the time of the death of the [employee](/usc/5/8101.md?p=1).
- (d) When there are two or more classes of individuals entitled to [compensation](/usc/5/8101.md?p=12) under this section and the apportionment of [compensation](/usc/5/8101.md?p=12) under this section would result in injustice, the Secretary may modify the apportionment to meet the requirements of the case.
- (e) In computing [compensation](/usc/5/8101.md?p=12) under this section, the [monthly pay](/usc/5/8101.md?p=4) is deemed not less than the minimum rate of basic pay for GS–2. However, the total monthly [compensation](/usc/5/8101.md?p=12) may not exceed—
  - (1) the [monthly pay](/usc/5/8101.md?p=4) computed under [section 8114 of this title](/usc/5/8114.md), except for increases authorized by [section 8146a of this title](/usc/5/8146a.md); or
  - (2) 75 percent of the [monthly pay](/usc/5/8101.md?p=4) of the maximum rate of basic pay for GS–15.
- (f) Notwithstanding any funeral and burial expenses paid under [section 8134](/usc/5/8134.md), there shall be paid a sum of $200 to the personal representative of a deceased [employee](/usc/5/8101.md?p=1) within the meaning of [section 8101(1) of this title](/usc/5/8101.md?p=1) for reimbursement of the costs of termination of the decedent’s status as an [employee](/usc/5/8101.md?p=1) of the United States.

# §8134. Funeral expenses; transportation of body

- (a) If death results from an [injury](/usc/5/8101.md?p=5) sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Secretary of Labor.
- (b) The body of an [employee](/usc/5/8101.md?p=1) whose home is in the United States, in the discretion of the Secretary, may be embalmed and transported in a hermetically sealed casket to his home or last place of residence at the expense of the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund if—
  - (1) the [employee](/usc/5/8101.md?p=1) dies from—
    - (A) the [injury](/usc/5/8101.md?p=5) while away from his home or official station or outside the United States; or
    - (B) from other causes while away from his home or official station for the purpose of receiving medical or other [services](/usc/5/8331.md?p=12), appliances, supplies, or examination under this subchapter; and
  - (2) the relatives of the [employee](/usc/5/8101.md?p=1) request the return of his body.

  If the relatives do not request the return of the body of the [employee](/usc/5/8101.md?p=1), the Secretary may provide for its disposition and incur and pay from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund the necessary and reasonable transportation, funeral, and burial expenses.


# §8135. Lump-sum payment

- (a) The liability of the United States for [compensation](/usc/5/8101.md?p=12) to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of [compensation](/usc/5/8101.md?p=12) computed at 4 percent true discount compounded annually if—
  - (1) the monthly payment to the beneficiary is less than $50 a month;
  - (2) the beneficiary is or is about to become a nonresident of the United States; or
  - (3) the Secretary of Labor determines that it is for the best interest of the beneficiary.

  The probability of the death of the beneficiary before the expiration of the period during which he is entitled to [compensation](/usc/5/8101.md?p=12) 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](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) of the deceased [employee](/usc/5/8101.md?p=1) may not exceed 60 months’ [compensation](/usc/5/8101.md?p=12). The probability of the happening of any other contingency affecting the amount or duration of [compensation](/usc/5/8101.md?p=12) shall be disregarded.

- (b) On remarriage before reaching age 55 a [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) entitled to [compensation](/usc/5/8101.md?p=12) under [section 8133 of this title](/usc/5/8133.md), shall be paid a lump sum equal to twenty-four times the monthly [compensation](/usc/5/8101.md?p=12) payment (excluding [compensation](/usc/5/8101.md?p=12) on [account](/usc/5/8401.md?p=1) of another individual) to which he was entitled immediately before the remarriage.

# §8136. Initial payments outside the United States


If an [employee](/usc/5/8101.md?p=1) is injured outside the continental United States, the Secretary of Labor may arrange and provide for initial payment of [compensation](/usc/5/8101.md?p=12) and initial furnishing of other benefits under this subchapter by an [employee](/usc/5/8101.md?p=1) or agent of the United States designated by the Secretary for that purpose in the locality in which the [employee](/usc/5/8101.md?p=1) was employed or the [injury](/usc/5/8101.md?p=5) occurred.


# §8137. Compensation for noncitizens and nonresidents

- (a) When the Secretary of Labor finds that the amount of [compensation](/usc/5/8101.md?p=12) payable to an [employee](/usc/5/8101.md?p=1) who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an [employee](/usc/5/8101.md?p=1), is substantially disproportionate to [compensation](/usc/5/8101.md?p=12) for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the [employee](/usc/5/8101.md?p=1) is working at the time of [injury](/usc/5/8101.md?p=5), he may provide for payment of [compensation](/usc/5/8101.md?p=12) on a basis reasonably in accord with prevailing local payments in similar cases by—
  - (1) the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen’s [compensation](/usc/5/8101.md?p=12) provisions or other local statute, regulation, or custom applicable in cases of personal [injury](/usc/5/8101.md?p=5) or death; or
  - (2) establishing special schedules of [compensation](/usc/5/8101.md?p=12) for [injury](/usc/5/8101.md?p=5), death, and loss of use of [members](/usc/5/5531.md?p=1) and functions of the body for specific classes of [employees](/usc/5/8101.md?p=1), areas, and places.

  Irrespective of the basis adopted, the Secretary may at any time—

  - (A) modify or limit the maximum monthly and total aggregate payments for [injury](/usc/5/8101.md?p=5), death, and medical or other benefits;
  - (B) modify or limit the percentages of the wage of the [employee](/usc/5/8101.md?p=1) payable as [compensation](/usc/5/8101.md?p=12) for the [injury](/usc/5/8101.md?p=5) or death; and
  - (C) modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.
- (b) In a case under this section, the Secretary or his designee may—
  - (1) make a lump-sum award in the manner prescribed by [section 8135 of this title](/usc/5/8135.md) when he or his designee considers it to be for the best interest of the United States; and
  - (2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.

  [Compensation](/usc/5/8101.md?p=12) paid under this subsection is instead of all other [compensation](/usc/5/8101.md?p=12) from the United States for the same [injury](/usc/5/8101.md?p=5) or death, and a payment made under this subsection is deemed [compensation](/usc/5/8101.md?p=12) under this subchapter and is satisfaction of all liability of the United States in respect to the particular [injury](/usc/5/8101.md?p=5) or death.

- (c) The Secretary may delegate to an [employee](/usc/5/8101.md?p=1) or [agency](/usc/5/500.md?p=a-1) of the United States, with such limitations and right of review as he considers advisable, [authority](/usc/5/7103.md?p=a-6) to process, adjudicate, commute by lump-sum award, compromise, and pay a claim or class of claims for [compensation](/usc/5/8101.md?p=12), and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter.
- (d) The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that—
  - (1) conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or
  - (2) claimants under this section are alien enemies.
- (e) The Secretary may apply this section retrospectively with adjustment of [compensation](/usc/5/8101.md?p=12) and benefits as he considers necessary and proper.

# §8138. Minimum limit modification for noncitizens and aliens

- (a) Except as provided by [subsection (b)](#b) of this section, the minimum limit on monthly [compensation](/usc/5/8101.md?p=12) for disability under [section 8112 of this title](/usc/5/8112.md) and the minimum limit on [monthly pay](/usc/5/8101.md?p=4) on which death [compensation](/usc/5/8101.md?p=12) is computed under [section 8133 of this title](/usc/5/8133.md) do not apply in the case of a noncitizen [employee](/usc/5/8101.md?p=1), or a class or classes of noncitizen [employees](/usc/5/8101.md?p=1), who sustain [injury](/usc/5/8101.md?p=5) outside the continental United States. The Secretary of Labor may establish a minimum [monthly pay](/usc/5/8101.md?p=4) on which death [compensation](/usc/5/8101.md?p=12) is computed in the case of a class or classes of such noncitizen [employees](/usc/5/8101.md?p=1).
- (b) The President may remove or modify the minimum limit on monthly [compensation](/usc/5/8101.md?p=12) for disability under [section 8112 of this title](/usc/5/8112.md) and the minimum limit on [monthly pay](/usc/5/8101.md?p=4) on which death [compensation](/usc/5/8101.md?p=12) is computed under [section 8133 of this title](/usc/5/8133.md) in the case of an alien [employee](/usc/5/8101.md?p=1), or a class or classes of alien [employees](/usc/5/8101.md?p=1), of the Canal Zone Government or the Panama Canal Company.

# §8139. Employees of the District of Columbia


[Compensation](/usc/5/8101.md?p=12) awarded to an [employee](/usc/5/8101.md?p=1) of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the government of the District of Columbia.


# §8140. Members of the Reserve Officers’ Training Corps

- (a) Subject to the provisions of this section, this subchapter applies to a [member](/usc/5/5531.md?p=1) of, or [applicant for membership](#g) in, the Reserve Officers’ Training Corps of the Army, Navy, or Air Force who suffers an [injury](/usc/5/8101.md?p=5), disability, or death incurred, or an illness contracted, in line of duty—
  - (1) while engaged in a flight or in flight instruction under [chapter 103](/usc/10/chstA-ptIII-ch103.md) of title 10; or
  - (2) during the period of the [member](/usc/5/5531.md?p=1)’s attendance at training or a practice cruise under [chapter 103](/usc/10/chstA-ptIII-ch103.md) of title 10, United States Code, beginning when the authorized travel to the training or practice cruise begins and ending when authorized travel from the training or practice cruise ends.
- (b) For the purpose of this section, an [injury](/usc/5/8101.md?p=5), disability, death, or illness of a [member](/usc/5/5531.md?p=1) referred to in [subsection (a)](#a) may be considered as incurred or contracted in line of duty only if the [injury](/usc/5/8101.md?p=5), disability, or death is incurred, or the illness is contracted, by the [member](/usc/5/5531.md?p=1) during a period described in that subsection. Subject to review by the Secretary of Labor, the Secretary of the military department concerned (under regulations prescribed by that Secretary), shall determine whether an [injury](/usc/5/8101.md?p=5), disability, or death was incurred, or an illness was contracted, by a [member](/usc/5/5531.md?p=1) in line of duty.
- (c) In computing the [compensation](/usc/5/8101.md?p=12) payable under this section, the [monthly pay](/usc/5/8101.md?p=4) received by the injured or deceased individual, in cash and kind, is deemed $150.
- (d) The Secretary of the military department concerned shall cooperate fully with the Department of Labor in the prompt investigation and prosecution of a case involving the legal liability of a third party other than the United States.
- (e) An individual may not receive disability benefits under this section while on active duty with the [armed forces](/usc/5/2101.md?p=2), but these benefits may be reinstated when the individual is released from that active duty.
- (f) Expenses incurred by a military department in providing hospitalization, medical and surgical care, necessary transportation incident to that hospitalization or medical and surgical care, or in connection with a funeral and burial on behalf of an individual covered by [subsection (a)](#a) of this section shall be reimbursed by the Secretary of Labor from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund in accordance with this subchapter. However, reimbursement may not be made for hospitalization or medical or surgical care provided an individual by a military department in a facility of a military department.
- (g) For purposes of this section, the term “applicant for membership” includes a [student](/usc/5/8101.md?p=17) enrolled, during a semester or other enrollment term, in a course which is part of Reserve Officers’ Training Corps instruction at an educational institution.

# §8141. Civil Air Patrol volunteers

- (a) Subject to the provisions of this section, this subchapter applies to a volunteer civilian [member](/usc/5/5531.md?p=1) of the Civil Air Patrol, except a Civil Air Patrol Cadet under 18 years of age.
- (b) In administering this subchapter for a [member](/usc/5/5531.md?p=1) of the Civil Air Patrol covered by this section—
  - (1) the [monthly pay](/usc/5/8101.md?p=4) of a [member](/usc/5/5531.md?p=1) is deemed the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under [section 5332 of this title](/usc/5/5332.md) for the purpose of computing [compensation](/usc/5/8101.md?p=12) for disability or death;
  - (2) the percentages applicable to payments under [section 8133 of this title](/usc/5/8133.md) are—
    - (A) 45 percent for [section 8133(a)(2) of this title](/usc/5/8133.md?p=a-2), if the [member](/usc/5/5531.md?p=1) dies fully or currently insured under subchapter II of [chapter 7](/usc/42/ch7.md) of title 42, with no additional payments for a [child](/usc/5/8101.md?p=9) or children while the [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) remains eligible for payments under [section 8133(a)(2) of this title](/usc/5/8133.md?p=a-2);
    - (B) 20 percent for [section 8133(a)(3) of this title](/usc/5/8133.md?p=a-3) for one [child](/usc/5/8101.md?p=9) and 10 percent additional for each additional [child](/usc/5/8101.md?p=9), but not to exceed a total of 75 percent, if the [member](/usc/5/5531.md?p=1) died fully or currently insured under subchapter II of [chapter 7](/usc/42/ch7.md) of title 42; and
    - (C) 25 percent for [section 8133(a)(4) of this title](/usc/5/8133.md?p=a-4), if one [parent](/usc/5/8101.md?p=7) was wholly dependent on the deceased [member](/usc/5/5531.md?p=1) at the time of his death and the other was not dependent to any extent; 16 percent to each, if both were wholly dependent; and if one was or both were partly dependent, a proportionate amount in the discretion of the Secretary of Labor;
  - (3) a payment may not be made under [section 8133(a)(5) of this title](/usc/5/8133.md?p=a-5);
  - (4) “performance of duty” means only active [service](/usc/5/8331.md?p=12), and travel to and from that [service](/usc/5/8331.md?p=12), rendered in performance or support of operational missions of the Civil Air Patrol under direction of the Department of the Air Force and under written authorization by competent [authority](/usc/5/7103.md?p=a-6) covering a specific assignment and prescribing a time limit for the assignment; and
  - (5) the Secretary of Labor or his designee shall inform the Commissioner of Social Security when a claim is filed and eligibility for [compensation](/usc/5/8101.md?p=12) is established under section [8133(a)(2)](/usc/5/8133.md?p=a-2) or [(3)](/usc/5/8133.md?p=a-3) of this title, and the Commissioner of Social Security shall certify to the Secretary of Labor as to whether or not the [member](/usc/5/5531.md?p=1) concerned was fully or currently insured under subchapter II of [chapter 7](/usc/42/ch7.md) of title 42 at the time of his death.
- (c) The Secretary of Labor or his designee may inform the Secretary of the Air Force or his designee when a claim is filed. The Secretary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the [injury](/usc/5/8101.md?p=5) and whether or not the [member](/usc/5/5531.md?p=1) was rendering [service](/usc/5/8331.md?p=12), or engaged in travel to or from [service](/usc/5/8331.md?p=12), in performance or support of an operational mission of the Civil Air Patrol at the time of [injury](/usc/5/8101.md?p=5). This subsection does not dispense with the report of the immediate superior of the [member](/usc/5/5531.md?p=1) required by [section 8120 of this title](/usc/5/8120.md), or other reports agreed on under that section.

# §8142. Peace Corps volunteers

- (a) For the purpose of this section, “volunteer” means—
  - (1) a volunteer enrolled in the Peace Corps under [section 2504 of title 22](/usc/22/2504.md);
  - (2) a volunteer leader enrolled in the Peace Corps under [section 2505 of title 22](/usc/22/2505.md); and
  - (3) an applicant for enrollment as a volunteer or volunteer leader during a period of training under [section 2507(a) of title 22](/usc/22/2507.md?p=a) before enrollment.
- (b) Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability [compensation](/usc/5/8101.md?p=12) payments does not commence until the day after the date of termination of his [service](/usc/5/8331.md?p=12) as a volunteer.
- (c) For the purpose of this subchapter—
  - (1) a volunteer is deemed receiving [monthly pay](/usc/5/8101.md?p=4) at the minimum rate for GS–7;
  - (2) a volunteer leader referred to by [section 2505 of title 22](/usc/22/2505.md), or a volunteer with one or more minor children as defined in [section 2504 of title 22](/usc/22/2504.md), is deemed receiving [monthly pay](/usc/5/8101.md?p=4) at the minimum rate for GS–11;
  - (3) an [injury](/usc/5/8101.md?p=5) suffered by a volunteer when he is outside the several States and the District of Columbia is deemed proximately caused by his employment, unless the [injury](/usc/5/8101.md?p=5) or disease is—
    - (A) caused by willful misconduct of the volunteer;
    - (B) caused by the volunteer’s intention to bring about the [injury](/usc/5/8101.md?p=5) or death of himself or of another; or
    - (C) proximately caused by the intoxication of the injured volunteer; and
  - (4) the period of [service](/usc/5/8331.md?p=12) of an individual as a volunteer includes—
    - (A) any period of training under [section 2507(a) of title 22](/usc/22/2507.md?p=a) before enrollment as a volunteer; and
    - (B) the period between enrollment as a volunteer and the termination of [service](/usc/5/8331.md?p=12) as a volunteer by the President or by death or resignation.
- (d)
  - (1) The Secretary shall authorize the Director of the Peace Corps to furnish medical benefits to a volunteer, who is injured during the volunteer’s period of [service](/usc/5/8331.md?p=12), for a period of 120 days following the termination of such [service](/usc/5/8331.md?p=12) if the Director certifies that the volunteer’s [injury](/usc/5/8101.md?p=5) probably meets the requirements under [subsection (c)(3)](#c-3). The Secretary may then certify vouchers for these expenses for such volunteer out of the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund.
  - (2) The Secretary shall prescribe the form and content of the certification required under [paragraph (1)](#d-1).
  - (3) A certification under [paragraph (1)](#d-1) will cease to be effective if the volunteer sustains compensable disability in connection with volunteer [service](/usc/5/8331.md?p=12).
  - (4) Nothing in this subsection may be construed to authorize the furnishing of any medical benefit that the Secretary of Labor is not otherwise authorized to reimburse for former Peace Corps volunteers who receive treatment for [injury](/usc/5/8101.md?p=5) or disease proximately caused by their [service](/usc/5/8331.md?p=12) in the Peace Corps in accordance with this chapter.

# §8143. Job Corps enrollees; volunteers in service to America

- (a) Subject to the provisions of this subsection, this subchapter applies to an enrollee in the Job Corps, except that [compensation](/usc/5/8101.md?p=12) for disability does not begin to accrue until the day after the date on which the injured enrollee is terminated. In administering this subchapter for an enrollee covered by this subsection—
  - (1) the [monthly pay](/usc/5/8101.md?p=4) of an enrollee is deemed that received at the minimum rate for GS–2;
  - (2) [section 8113(a) of this title](/usc/5/8113.md?p=a) applies to an enrollee; and
  - (3) “performance of duty” does not include an act of an enrollee while absent from his assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of the Job Corps.
- (b) This subchapter applies to a volunteer in [service](/usc/5/8331.md?p=12) to America who receives either a living allowance or a stipend under part A of subchapter VIII of [chapter 34](/usc/42/ch34.md) of title 42, with respect to that [service](/usc/5/8331.md?p=12) and training, to the same extent as enrollees of the Job Corps under [subsection (a)](#a) of this section. However, for the purpose of the computation described in [subsection (a)(1)](#a-1) of this section, the [monthly pay](/usc/5/8101.md?p=4) of a volunteer is deemed that received at the minimum rate for GS–5 of the General Schedule under [section 5332 of title 5](/usc/5/5332.md), United States Code.

# §8143a. Members of the National Teacher Corps


Subject to the provisions of this section, this subchapter applies to a [member](/usc/5/5531.md?p=1) of the National Teacher Corps. In administering this subchapter for a [member](/usc/5/5531.md?p=1) covered by this section—

- (1) “performance of duty” does not include an act of a [member](/usc/5/5531.md?p=1) while—
  - (A) on authorized leave; or
  - (B) absent from his assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Commissioner of Education; and
- (2) in computing [compensation](/usc/5/8101.md?p=12) for disability or death, the [monthly pay](/usc/5/8101.md?p=4) of a [member](/usc/5/5531.md?p=1) is deemed his actual pay or that received at the minimum rate for GS–6, whichever is greater.

# §8143b. Employees in fire protection activities

- (a) **Definitions.—** In this section:
  - (1) **Employee in fire protection activities.—** The term “employee in fire protection activities” means an [employee](/usc/5/8101.md?p=1) employed as a firefighter (including a wildland firefighter), paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker who—
    - (A) is trained in fire suppression;
    - (B) has the legal [authority](/usc/5/7103.md?p=a-6) and responsibility to engage in fire suppression;
    - (C) is engaged in the prevention, control, or extinguishment of fires or response to emergency situations in which life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and
    - (D) performs the activities described in [subparagraph (C)](#a-1-C) as a primary responsibility of the job of the [employee](/usc/5/8101.md?p=1).
  - (2) **Rule.—** The term “rule” has the meaning given the term in [section 804](/usc/5/804.md).
  - (3) **Secretary.—** The term “Secretary” means the Secretary of Labor.
- (b) **Certain Illnesses and Diseased[^1] Deemed to Be Proximately Caused by Employment in Fire Protection Activities.—**
  - (1) **In general.—** For a claim under this subchapter of disability or death of an [employee](/usc/5/8101.md?p=1) who has been employed for not less than 5 years in aggregate as an [employee in fire protection activities](#a-1), an illness or disease specified on the list established under [paragraph (2)](#b-2) shall be deemed to be proximately caused by the employment of that [employee](/usc/5/8101.md?p=1), if the [employee](/usc/5/8101.md?p=1) is diagnosed with that illness or disease not later than 10 years after the last activedate[^2] of employment as an [employee in fire protection activities](#a-1).
  - (2) **Establishment of initial list.—** There is established under this section the following list of illnesses and diseases:
    - (A) Bladder cancer.
    - (B) Brain cancer.
    - (C) Chronic obstructive pulmonary disease.
    - (D) Colorectal cancer.
    - (E) Esophageal cancer.
    - (F) Kidney cancer.
    - (G) Leukemias.
    - (H) Lung cancer.
    - (I) Mesothelioma.
    - (J) Multiple myeloma.
    - (K) Non-Hodgkin lymphoma.
    - (L) Prostate cancer.
    - (M) Skin cancer (melanoma).
    - (N) A sudden cardiac event or stroke suffered while, or not later than 24 hours after, engaging in the activities described in [subsection (a)(1)(C)](#a-1-C).
    - (O) Testicular cancer.
    - (P) Thyroid cancer.
  - (3) **Additions to the list.—**
    - (A) **In general.—**
      - (i) **Periodic review.—** The [Secretary](#a-3) shall—
        - (I) in consultation with the Director of the National Institute for Occupational Safety and Health and any advisory committee determined appropriate by the [Secretary](#a-3), periodically review the list established under [paragraph (2)](#b-2); and
        - (II) if the [Secretary](#a-3) determines that the weight of the best available scientific evidence warrants adding an illness or disease to the list established under [paragraph (2)](#b-2), as described in subparagraph (B) of this paragraph, make such an addition through a rule that clearly identifies that scientific evidence.
      - (ii) **Classification.—** A rule issued by the [Secretary](#a-3) under [clause (i)](#b-3-A-i) shall be considered to be a major rule for the purposes of [chapter 8](/usc/5/chptI-ch8.md).
    - (B) **Basis for determination.—** The [Secretary](#a-3) shall add an illness or disease to the list established under [paragraph (2)](#b-2) based on the weight of the best available scientific evidence that there is a significant risk to [employees](/usc/5/8101.md?p=1) in fire protection activities of developing that illness or disease.
    - (C) **Available expertise.—** In determining significant risk for purposes of [subparagraph (B)](#b-3-B), the [Secretary](#a-3) may accept as authoritative, and may rely upon, recommendations, risk assessments, and scientific studies (including analyses of National Firefighter Registry data pertaining to Federal firefighters) by the National Institute for Occupational Safety and Health, the National Toxicology Program, the National Academies of Sciences, Engineering, and Medicine, and the International [Agency](/usc/5/500.md?p=a-1) for Research on Cancer.

# §8144. Student-employees


A [student](/usc/5/8101.md?p=17)-[employee](/usc/5/8101.md?p=1) as defined by [section 5351 of this title](/usc/5/5351.md) who suffers disability or death as a result of personal [injury](/usc/5/8101.md?p=5) arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an [employee](/usc/5/8101.md?p=1) who incurred the [injury](/usc/5/8101.md?p=5) in the performance of duty.


# §8145. Administration


The Secretary of Labor shall administer, and decide all questions arising under, this subchapter. He may—

- (1) appoint [employees](/usc/5/8101.md?p=1) to administer this subchapter; and
- (2) delegate to any [employee](/usc/5/8101.md?p=1) of the Department of Labor any of the powers conferred on him by this subchapter.

# §8146. Administration for the Panama Canal Commission and The Alaska Railroad

- (a) The President, from time to time, may transfer the administration of this subchapter—
  - (1) so far as [employees](/usc/5/8101.md?p=1) of the Panama Canal Commission are concerned to the Commission; and
  - (2) so far as [employees](/usc/5/8101.md?p=1) of The Alaska Railroad are concerned to the general manager of The Alaska Railroad.
- (b) When administration is transferred under [subsection (a)](#a) of this section, the expenses incident to physical examinations which are payable under [section 8123 of this title](/usc/5/8123.md) shall be paid from appropriations for the Panama Canal Commission or for The Alaska Railroad, as the case may be, instead of from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund. The President may authorize the Panama Canal Commission and the general manager of The Alaska Railroad to pay the [compensation](/usc/5/8101.md?p=12) provided by this subchapter, including [medical, surgical, and hospital services and supplies](/usc/5/8101.md?p=3) under [section 8103 of this title](/usc/5/8103.md) and the transportation and burial expenses under sections [8103](/usc/5/8103.md) and [8134](/usc/5/8134.md) of this title, from appropriations for the Panama Canal Commission and for The Alaska Railroad, and these appropriations shall be reimbursed for the payments by transfer of funds from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund.
- (c) The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim required by [section 8121 of this title](/usc/5/8121.md) in the case of [compensation](/usc/5/8101.md?p=12) to an [employee](/usc/5/8101.md?p=1) of the Panama Canal Commission for temporary disability, either total or partial.
- (d) When administration is transferred under [subsection (a)](#a) of this section to the general manager of The Alaska Railroad, the Secretary of Labor is not divested of jurisdiction and a claimant is entitled to appeal from the decision of the general manager of The Alaska Railroad to the Secretary of Labor. The Secretary on receipt of an appeal shall, or on his own motion may, review the decision of the general manager of The Alaska Railroad, and in accordance with the facts found on review may proceed under [section 8128 of this title](/usc/5/8128.md). The Secretary shall provide the form and manner of taking an appeal.
- (e) The same right of appeal exists with respect to claims filed by [employees](/usc/5/8101.md?p=1) of the Panama Canal Commission or their dependents in case of death, as is provided with respect to the claims of other [employees](/usc/5/8101.md?p=1) to whom this subchapter applies, under [section 8149 of this title](/usc/5/8149.md). The [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Appeals [Board](/usc/5/8401.md?p=5) referred to by [section 8149 of this title](/usc/5/8149.md) has jurisdiction, under regulations prescribed by the Secretary, over appeals relating to claims of the [employees](/usc/5/8101.md?p=1) or their dependents.

# §8146a. Cost-of-living adjustment of compensation

- (a) [Compensation](/usc/5/8101.md?p=12) payable on [account](/usc/5/8401.md?p=1) of disability or death which occurred more than one year before March 1 of each year shall be annually increased on that date by the amount determined by the Secretary of Labor to represent the percent change in the [price index](/usc/5/8101.md?p=18) published for December of the preceding year over the [price index](/usc/5/8101.md?p=18) published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.
- (b) The regular periodic [compensation](/usc/5/8101.md?p=12) payments after adjustment under this section shall be fixed at the nearest dollar. However, the regular periodic [compensation](/usc/5/8101.md?p=12) after adjustment shall reflect an increase of at least $1.
- (c) This section shall be applicable to persons excluded by section 15 of the Federal [Employees](/usc/5/8101.md?p=1)’ Compensation Act Amendments of 1966 (Public Law 89–488) under the following statutes: Act of February 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](/usc/5/8101.md?p=18) from the base month of July 1966, to the next most recent base month following the effective date of this subsection.

# §8147. Employees’ Compensation Fund

- (a) There is in the Treasury of the United States the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of [compensation](/usc/5/8101.md?p=12) and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, “administrative expenses” does not include expenses for legal [services](/usc/5/8331.md?p=12) performed by or for the Secretary under sections [8131](/usc/5/8131.md) and [8132](/usc/5/8132.md) of this title.
- (b) Before August 15 of each year, the Secretary shall furnish to each [agency](/usc/5/500.md?p=a-1) and instrumentality of the United States having an [employee](/usc/5/8101.md?p=1) who is or may be entitled to [compensation](/usc/5/8101.md?p=12) benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund during the preceding July 1 through June 30 expense period on [account](/usc/5/8401.md?p=1) of the [injury](/usc/5/8101.md?p=5) or death of [employees](/usc/5/8101.md?p=1) or individuals under the jurisdiction of the [agency](/usc/5/500.md?p=a-1) or instrumentality. Each [agency](/usc/5/500.md?p=a-1) and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a request for an appropriation in an amount equal to the 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](/usc/5/500.md?p=a-1) or instrumentality not dependent on an annual appropriation shall make the deposit required by this subsection from funds under its control during the first fifteen days of October following the furnishing of the statement. If an [agency](/usc/5/500.md?p=a-1) or instrumentality (or part or function thereof) is transferred to another [agency](/usc/5/500.md?p=a-1) or instrumentality, the cost of [compensation](/usc/5/8101.md?p=12) benefits and other expenses paid from the Fund on [account](/usc/5/8401.md?p=1) of the [injury](/usc/5/8101.md?p=5) or death of [employees](/usc/5/8101.md?p=1) of the transferred [agency](/usc/5/500.md?p=a-1) or instrumentality (or part or function) shall be included in costs of the receiving [agency](/usc/5/500.md?p=a-1) or instrumentality.
- (c) In addition to the contributions for the maintenance of the [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Fund required by this section, the United States Postal [Service](/usc/5/8331.md?p=12), or a mixed ownership corporation as defined by [section 9101(2) of title 31](/usc/31/9101.md?p=2), or any other corporation or [agency](/usc/5/500.md?p=a-1) or instrumentality (or activity thereof) which is required by statute to submit an annual budget pursuant to or as provided by [chapter 91](/usc/31/chstVI-ch91.md) 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](/usc/5/500.md?p=a-1), and instrumentalities, the charges billed by the Secretary under this section shall include an additional amount for these costs, which shall be paid into the Treasury as miscellaneous receipts from the sources authorized and in the manner otherwise provided by this section.

# §8148. Forfeiture of benefits by convicted felons

- (a) Any individual convicted of a violation of [section 1920 of title 18](/usc/18/1920.md), or any other Federal or State criminal statute relating to fraud in the application for or receipt of any benefit under this subchapter or subchapter III of this chapter, shall forfeit (as of the date of such conviction) any entitlement to any benefit such individual would otherwise be entitled to under this subchapter or subchapter III for any [injury](/usc/5/8101.md?p=5) occurring on or before the date of such conviction. Such forfeiture shall be in addition to any action the Secretary may take under section [8106](/usc/5/8106.md) or [8129](/usc/5/8129.md).
- (b)
  - (1) Notwithstanding any other provision of this chapter (except as provided under [paragraph (3)](#b-3)), no benefits under this subchapter or subchapter III of this chapter shall be paid or provided to any individual during any period during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to that individual’s conviction of an offense that constituted a felony under applicable law.
  - (2) Such individual shall not be entitled to receive the benefits forfeited during the period of incarceration under [paragraph (1)](#b-1), after such period of incarceration ends.
  - (3) If an individual has one or more dependents as defined under [section 8110(a)](/usc/5/8110.md?p=a), the Secretary of Labor may, during the period of incarceration, pay to such dependents a percentage of the benefits that would have been payable to such individual computed according to the percentages set forth in [section 8133(a)(1) through (5)](/usc/5/8133.md?p=a-1..a-5).
- (c) Notwithstanding the provision of [section 552a of this title](/usc/5/552a.md), or any other provision of Federal or State law, any [agency](/usc/5/500.md?p=a-1) of the United States Government or of any State (or political subdivision thereof) shall make available to the Secretary of Labor, upon written request, the names and Social Security [account](/usc/5/8401.md?p=1) numbers of individuals who are confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such [agency](/usc/5/500.md?p=a-1), pursuant to such individuals’ conviction of an offense that constituted a felony under applicable law, which the Secretary of Labor may require to carry out the provisions of this section.

# §8149. Regulations


The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under [section 8124 of this title](/usc/5/8124.md). The rules and regulations shall provide for an [Employees](/usc/5/8101.md?p=1)’ [Compensation](/usc/5/8101.md?p=12) Appeals [Board](/usc/5/8401.md?p=5) of three individuals designated or appointed by the Secretary with [authority](/usc/5/7103.md?p=a-6) to hear and, subject to applicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with respect to claims of [employees](/usc/5/8101.md?p=1). In adjudicating claims under [section 8146 of this title](/usc/5/8146.md), the Secretary may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of [injury](/usc/5/8101.md?p=5) or death for which claim is made.


# §8150. Effect on other statutes

- (a) This subchapter does not affect the maritime rights and remedies of a master or [member](/usc/5/5531.md?p=1) of the crew of a vessel.
- (b) [Section 8141 of this title](/usc/5/8141.md) and [section 9491 of title 10](/usc/10/9491.md) do not confer military or [veteran](/usc/5/2108.md?p=1) status on any individual.

# §8151. Civil service retention rights

- (a) In the event the individual resumes employment with the Federal Government, the entire time during which the [employee](/usc/5/8101.md?p=1) was receiving [compensation](/usc/5/8101.md?p=12) under this chapter shall be credited to the [employee](/usc/5/8101.md?p=1) for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of [service](/usc/5/8331.md?p=12).
- (b) Under regulations issued by the Office of Personnel Management—
  - (1) the department or [agency](/usc/5/500.md?p=a-1) which was the last employer shall immediately and unconditionally accord the [employee](/usc/5/8101.md?p=1), if the [injury](/usc/5/8101.md?p=5) or disability has been overcome within one year after the date of commencement of [compensation](/usc/5/8101.md?p=12) or from the time compensable disability recurs if the recurrence begins after the injured [employee](/usc/5/8101.md?p=1) resumes regular full-time employment with the United States, the right to resume his former or an equivalent [position](/usc/5/5531.md?p=2), as well as all other attendant rights which the [employee](/usc/5/8101.md?p=1) would have had, or acquired, in his former [position](/usc/5/5531.md?p=2) had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and
  - (2) the department or [agency](/usc/5/500.md?p=a-1) which was the last employer shall, if the [injury](/usc/5/8101.md?p=5) or disability is overcome within a period of more than one year after the date of commencement of [compensation](/usc/5/8101.md?p=12), make all reasonable efforts to place, and accord priority to placing, the [employee](/usc/5/8101.md?p=1) in his former or equivalent [position](/usc/5/5531.md?p=2) within such department or [agency](/usc/5/500.md?p=a-1), or within any other department or [agency](/usc/5/500.md?p=a-1).

# §8152. Annual report


The Secretary of Labor shall, at the end of each fiscal year, prepare a report with respect to the administration of this chapter. Such report shall be submitted to Congress in accordance with the requirement with respect to submission under section 42 of the Longshore[^1] Harbor Workers’ Compensation Act ([33 U.S.C. 942](/usc/33/942.md)).


# §8171. Compensation for work injuries; generally

- (a) The Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 901](/usc/33/901.md) et seq.) applies with respect to disability or death resulting from injury, as defined by [section 2(2)](/usc/33/2.md) of such Act ([33 U.S.C. 902(2)](/usc/33/902.md?p=2)), occurring to an [employee](/usc/5/5361.md?p=1) of a [nonappropriated fund instrumentality](/usc/5/5595.md?p=h-6-C) described by [section 2105(c) of this title](/usc/5/2105.md?p=c), or to a volunteer providing such an instrumentality with [services](/usc/5/8331.md?p=12) accepted under [section 1588 of title 10](/usc/10/1588.md), who is—
  - (1) a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or
  - (2) employed inside the continental United States.

  However, that part of section 3(a) of such Act ([33 U.S.C. 903(a)](/usc/33/903.md?p=a)) which follows the second comma does not apply to such an [employee](/usc/5/5361.md?p=1).

- (b) For the purpose of this subchapter, the term “employer” in section 2(4) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 902(4)](/usc/33/902.md?p=4)) includes the [nonappropriated fund instrumentalities](/usc/5/5595.md?p=h-6-C) described by [section 2105(c) of this title](/usc/5/2105.md?p=c).
- (c) The Secretary of Labor may—
  - (1) extend compensation districts established under section 39(b) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 939(b)](/usc/33/939.md?p=b)), or establish new districts to include the areas outside the continental United States; and
  - (2) assign to each district one or more deputy commissioners as the Secretary considers advisable.
- (d) Judicial proceedings under sections 18 and 21 of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 918](/usc/33/918.md) and 921) with respect to an injury or death occurring outside the continental United States shall be instituted in the district court within the territorial jurisdiction of which is located the office of the deputy commissioner having jurisdiction with respect to the injury or death.

# §8172. Employees not citizens or residents of the United States


In case of disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 902(2)](/usc/33/902.md?p=2)), occurring to an [employee](/usc/5/5361.md?p=1) of a [nonappropriated fund instrumentality](/usc/5/5595.md?p=h-6-C) described by [section 2105(c) of this title](/usc/5/2105.md?p=c) who is—

- (1) not a citizen or permanent resident of the United States or a territory or possession of the United States; and
- (2) employed outside the continental United States;

compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of Transportation, as the case may be.


# §8173. Liability under this subchapter exclusive


The liability of the United States or of a [nonappropriated fund instrumentality](/usc/5/5595.md?p=h-6-C) described by [section 2105(c) of this title](/usc/5/2105.md?p=c), with respect to the disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 902(2)](/usc/33/902.md?p=2)), of an [employee](/usc/5/5361.md?p=1) referred to by sections [8171](/usc/5/8171.md) and [8172](/usc/5/8172.md) of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the United States or the instrumentality to the [employee](/usc/5/5361.md?p=1), his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a Federal tort liability statute.


# §8191. Determination of eligibility


The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as “eligible officers”) and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion—

- (1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person—
  - (A) for the commission of a crime against the United States, or
  - (B) who at that time was sought by a law enforcement [authority](/usc/5/7103.md?p=a-6) of the United States for the commission of a crime against the United States, or
  - (C) who at that time was sought as a material witness in a criminal proceeding instituted by the United States; or
- (2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a material witness in connection with such a crime; or
- (3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States;

and to have been on that occasion not an [employee](/usc/5/5361.md?p=1) as defined in [section 8101(1)](/usc/5/8101.md?p=1), and to have sustained on that occasion a personal injury for which the United States would be required under subchapter I of this chapter to pay compensation if he had been on that occasion such an [employee](/usc/5/5361.md?p=1) engaged in the performance of his duty. No person otherwise eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States.


# §8192. Benefits

- (a) **Benefits in Event of Injury.—** The Secretary of Labor shall furnish to any eligible officer the benefits to which he would have been entitled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had been an [employee](/usc/5/5361.md?p=1) as defined in [section 8101(1)](/usc/5/8101.md?p=1) engaged in the performance of his duty, reduced or adjusted as the Secretary of Labor in his discretion may deem appropriate to reflect comparable benefits, if any, received by the officer (or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that occasion. When an enforcement officer has contributed to a disability compensation fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of disability coverage for the individual officer.
- (b) **Benefits in Event of Death.—** The Secretary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the benefits to which that survivor would be entitled if the officer had been an [employee](/usc/5/5361.md?p=1) as defined in [section 8101(1)](/usc/5/8101.md?p=1) engaged in the performance of his duty on the occasion giving rise to his eligibility, and the comparable benefits, if any, received by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer’s actual employment on that occasion. When an enforcement officer has contributed to a survivor’s benefit fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears 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)](#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)](#b) of this section.
- (b) **Delegation.—**
  - (1) The [Attorney General](#a-1) may delegate to any division, officer, or [employee](/usc/5/5361.md?p=1) of the Department of Justice any function conferred upon the [Attorney General](#a-1) by this subchapter.
  - (2) The [Secretary of Labor](#a-2) may delegate to any bureau, officer, or [employee](/usc/5/5361.md?p=1) of the Department of Labor any function conferred upon the [Secretary of Labor](#a-2) by this subchapter.
- (c) **Applications.—** An application for any benefit under this subchapter may be made only—
  - (1) to the [Secretary of Labor](#a-2)
  - (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
    - (C) any association of law enforcement officers which is acting on behalf of an eligible officer or any of his survivors;
  - (3) within five years after the injury or death; and
  - (4) in such form as the [Secretary of Labor](#a-2) may require.
- (d) **Consultation With Attorney General and Other Agencies.—** The [Secretary of Labor](#a-2) may refer any application received by him pursuant to this subchapter to the [Attorney General](#a-1) for his assistance, comments and advice as to any determination required to be made pursuant to paragraph [(1)](/usc/5/8191.md?p=1), [(2)](/usc/5/8191.md?p=2), or [(3)](/usc/5/8191.md?p=3) of section 8191. To insure that all Federal assistance under this subchapter is carried out in a coordinated manner, the [Secretary of Labor](#a-2) is authorized to request any Federal department or [agency](/usc/5/500.md?p=a-1) to supply any statistics, data, or any other materials he deems necessary to carry out his functions under this subchapter. Each such department or [agency](/usc/5/500.md?p=a-1) is authorized to cooperate with the [Secretary of Labor](#a-2) and, to the extent permitted by law, to furnish such materials to him.
- (e) **Cooperation With State Agencies.—** The [Secretary of Labor](#a-2) shall cooperate fully with the appropriate State and local officials, and shall take all other practicable measures, to assure that the benefits of this subchapter are made available to eligible officers and their survivors with a minimum of delay and difficulty.
- (f) **Appropriations.—** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.