TITLE 20-EMPLOYEES' BENEFITS

Chapter I-United States Employees' Compensation Commission...........
Chapter II-Railroad Retirement Board..........
Chapter III-Social Security Board...

CROSS REFERENCES

Employees' tax and the employers' tax under Title VIII of the Social Security
Act: See Internal Revenue, 26 CFR Part 401.

Employers' tax, employees' tax and employees' representatives tax under the
Carriers Taxing Act of 1937: See Internal Revenue, 26 CFR Part 410.
Excise tax on employers under Title IX of the Social Security Act: See
Internal Revenue, 26 CFR Part 400.

CHAPTER I-UNITED STATES EMPLOYEES'

COMPENSATION COMMISSION

SUBCHAPTER A-United States Em- 24 Compensation for disability and ployees' Compensation Act

Subchapter A-United States Employees'
Compensation Act

PART 1-CLAIMS FOR COMPENSATION AND
ADMINISTRATIVE PROCEDURE

Sec.

1.19 Payments by mistake.
1.20 Injuries to members of the Naval
Reserve.

Section 1.1 General provisions; definitions. The administration of the United States Employees' Compensation Act of September 7, 1916 (39 Stat. 742; 5 U.S.C. 751-793), as amended, is vested by said Act in the United States Employees' Compensation Commission. The said Act authorizes the Commission to make necessary rules and regulations for the enforcement of the Act and to decide all questions arising under the Act. The Commission is authorized by said Act, upon consideration of a claim presented by a beneficiary and official reports pertaining to injury or death sustained by a civil employee of the United States while in the performance of duty and upon completion of such investigation as it may deem necessary, to determine the facts and make an award for or against payment of the compensation provided for in said Act. The Commission has power, under the provisions of the said Act, to issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the Commission. In the absence of fraud or mistake in mathematical calculations, the finding of facts in, and the decision of the Commission upon, the merits of any claim presented under or authorized by said Act, if supported by competent evidence, shall not be subject to review by any other administrative or accounting officer, employee, or agent of the United States.

All employees of the United States and other persons who may claim or be entitled to claim benefits under the said Act, and the official superiors of all such persons, shall be bound by the regulations in this chapter and shall conform to the procedure prescribed in said Act and in the regulations under this chapter. The term "official superior," as used in this chapter includes all officers and employees having responsible supervision, direction or control of civil employees, members of the Naval Reserve, or others employed in the service of the Federal Government or the government of the District of Columbia. For the purposes of the regulations in this chapter the term "employee" as used in this chapter shall include, in addition to civil employees of the United States, employees of the government of the District of Columbia (except members of the Police and Fire Departments of the District of Columbia), officers and enlisted men of the United States Naval Reserve, and other persons performing service for the United States within the purview of said Act and all acts in amendment, substitution or extension thereof.

The term "Commission" as used in this chapter means the United States Employees' Compensation Commission. All definitions appearing in said Act, as amended, shall be applicable with respect to the regulations promulgated under this chapter.*+

*88 1.1 to 1.21, inclusive, issued under the authority contained in sec. 32, 39 Stat. 749; 5 U.S.C. 783.

tIn 88 1.1 to 1.21, inclusive, the numbers correspond with the respective section numbers in the Regulations under the United States Employees' Com

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pensation Act, United States Employees' Compensation Commission, effective June 1, 1938.

1.2 Notice of injury by employee. (a) Whenever any injury is sustained by an employee of the United States while in the performance of his duty, he shall immediately give written notice to his official superior. If the injured employee is unable to give such notice, it may be given by someone in his behalf. Form C. A. 1, Notice of Injury, is provided by the Commission for such purpose. Unless written notice of injury is given within 48 hours or unless the immediate superior has actual knowledge of the injury, compensation may be refused. For reasonable cause the Commission may accept written notice of injury given later than 48 hours, but not later than 1 year after the injury.

(b) Whenever such an injury comes to the knowledge of the injured employee's official superior, a record of the cause, nature, and extent of the injury shall be made by the official superior, who should call to the attention of the employee the necessity of submitting, within 48 hours, or as soon after injury as practicable, a notice of the injury on Form C. A. 1. The official superior shall secure the signed statements of witnesses to the occurrence, and shall retain the employee's notice of injury until the injury is reported to the Commission as required by § 1.3.*t

1.3 Reports by official superiors of injuries to employees. Every injury which is likely to result in any medical charge against the compensation fund or in any disability for work beyond the day, shift, or turn of the occurrence, or which appears likely to require prolonged treatment or to result in future disability, shall be reported by the official superior on Form C. A. 2, Report of Injury, provided by the Commission for this purpose, which shall be transmitted to the Commission without delay. The employee's original Notice of Injury, on Form C. A. 1, or otherwise, should accompany the Report of Injury together with report of any investigation made and such statements or other data as may properly relate to the circumstances surrounding the injury. If the disability is likely not to exceed three days, the report may be withheld until the employee has returned to work.*t

1.4 Claim for compensation for disability. Compensation for disability under said Act will not be paid unless written claim therefor is made by the employee or by someone in his behalf within the time limit prescribed by the said Act. If such claim is not submitted within 60 days after the injury, an explanation of the delay must accompany the claim. Form C. A. 4 is provided by the Commission for making the original claim. Such claim may be filed by delivering it at the offices of the Commission, or to any Commissioner or to any person designated by the Commission to receive it. The employee's official superior is so designated to receive claims on behalf of the Commission, and the injured employee should submit his claim to his official superior for transmission to the Commission unless special circumstances require different procedure. Any claim or paper purporting to claim compensation submitted by an employee to his official superior shall be transmitted promptly to the Commission. When

**For statutory and source citations, see note to § 1.1.

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ever an employee, as a result of an injury in the performance of duty, is disabled with loss of pay for more than 3 days, his official superior when practicable should furnish to him Form C. A. 4 for the purpose of claiming compensation, and should advise him of his rights under the said Act. Form C. A. 4 should be filed with the Commission upon termination of disability if the duration of disability should be less than 18 days, or at the expiration of 18 days from the date pay stops, if disability continues beyond that date. If no claim is filed by an injured employee or by someone on his behalf prior to his death, the right to claim compensation for disability ceases and does not survive.*t (Sec. 18, 39 Stat. 746; 5 U.S.C. 768)

1.5 Waiver not authorized. No official superior is authorized to require an employee to enter into any agreement, either before or after an injury, to waive his right to claim compensation.**

1.6 Report of termination of disability or return to work. Whenever an injured employee is able to return to work after a period of disability caused by an injury, his official superior shall immediately report that fact to the Commission on Form C. A. 3, which is provided by the Commission for this purpose, unless such report has been made on Form C. A. 2, or otherwise. Such report shall show the period of absence from work and shall show specifically the part of such period for which the employee has been or will be paid on account of leave or for any other reason, stating the basis of such wage payment.**

1.7 Recurrence of disability for work. When an injured employee, after returning to work, is again disabled and stops work as a result of the same injury, the official superior shall report the recurrence of disability promptly to the Commission, showing clearly when the employee again stopped work and for what part of the new absence he has been or will be paid on account of leave or for any other reason. If the recurrent disability has ended when the report is made, the date and hour of return to duty should be stated; if not, an additional report should be made when the employee returns to work or his disability ceases. If the employee has been examined or attended by a physician in connection with such recurrence of disability, a medical report, as required by § 2.10 should accompany the official superior's report of the recurrence, unless the physician has made his report to the Commission.*†

1.8 Claims for continued compensation for disability. An employee whose injury results in disability with loss of pay continuing beyond the time covered by the original claim on Form C. A. 4, may claim compensation for further periods of disability on Form C. A. 8, which is provided by the Commission for that purpose. Compensation will not be paid unless such claim for further compensation, properly executed, is received by the Commission. The certification of the attending physician as to the further disability should be obtained on the form and it should be submitted to the employee's official superior, who shall complete his portion of the certification thereon and forward the claim promptly to the Commission. Claims on Form C. A. 8 should be submitted semi-monthly if disability is continuous. An employee whose disability is such that medical eviPage 4

**For statutory and source citations, see note to § 1.1.

dence of continuation thereof is not immediately necessary may be provided by the Commission with Form C. A. 69 or Form C. A. 95 for use in submitting claim for continued compensation in lieu of Form C. A. 8.*†

1.9 Employee's obligation to return to work or to seek work when able. When total disability to perform work ceases and the employee is able to perform a part of his usual duties, or to perform work of a different nature, he must seek such suitable work as he is able to perform, either in Government or private employment, unless it has already been provided for him, and shall accept such work or offer of work secured for him. If a partially disabled employee refuses to seek suitable work or refuses or neglects to work after suitable work is offered to, procured by, or secured for him, he shall not be entitled to any compensation.**

1.10 Report by employee of employment and earnings. An employee claiming compensation on account of disability shall show in his claim any and all amounts which he has earned during the period covered by the claim, stating separately for each calendar month or part of a calendar month the amounts thereof, with the names and addresses of his employers, the nature of the work performed, and the rate or rates of pay. He shall include in his statement of earnings, as separate items, the value of housing, board, lodging, and other advantages he may have received as a part of his remuneration. Whenever required by the Commission, he shall make affidavit of his earnings and employment.**

1.11 Report of efforts to obtain employment. An employee who has not been regularly employed during the period covered by his claim, and who is only partially disabled, shall state in his claim what efforts he has made to obtain suitable employment, giving the names and addresses of persons or concerns to whom he has applied for work. If he has not been offered or has not been able to secure work which he is able to do, he shall so state. The Commission may require the employee to make affidavit with respect to his statements. If the employee, when required, fails to make such affidavit, he shall not be entitled to any compensation while such failure continues, and the period of such failure shall be deducted from the period during which compensation is payable to him.*†

1.12 Report of death. If an injury to an employee results in death, the official superior shall immediately report that fact to the Commission by telegraph. If a report of injury has not previously been submitted on Form C. A. 2, such form, together with a copy of the death certificate and a report of death on Form C. A. 3, provided by the Commission for such purpose, shall be forwarded to the Commission. If the death does not immediately follow the injury, the report on Form C. A. 3 should also show, on the upper half, the exact period of absence from work prior to the date and hour of death, and the part of such period, if any, during which the employee's wages have accrued, or for which they will be payable to his estate, on account of leave or for any other reason.*†

1.13 Original claims for death benefits. If the death of an employee results from an injury within 6 years, any person entitled **For statutory and source citations, see note to § 1.1.

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