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parent or grandparent of the decedent ceases to be dependent, or when a posthumous child of the decedent is born.*+
21.17 Burial expenses. (a) When the death of an employee results from an injury occurring within the time limitations prescribed in the law, the Commission may in its discretion pay reasonable burial expenses in an amount not to exceed $200, provided that if any part of the burial expenses has been paid by another department of the Government, the amount paid by the Commission shall not exceed the difference between the amount so paid by the other department and $200. Payment will be made to the duly appointed executor or administrator of the estate of the deceased employee upon the submission of competent evidence of such appointment. If there is no legal representative of the estate, the Commission may upon application pay to the undertaker the amount of any burial expenses remaining unpaid, not exceeding the amount payable by the Commission, or may upon application reimburse the person who has paid such burial expenses and
may be entitled to such reimbursement. (b) Where in the case of an enrollee of the Civilian Conservation Corps such death occurs after the enrollee has been discharged from the Corps, and after
he has been discharged from any hospitalization authorized by the War Department, such burial expenses may be paid by the Commission. If the death occurs before the enrollee is discharged from the Corps, or after such discharge and while the enrollee is hospitalized under the authorization of the War Department, the payment of burial expenses shall be governed by the regulations of the War Department relating to the Civilian Conservation Corps.**
Cross REFERENCE: For War Department regulations relating to burial expenses of CCO enrollees, see 45 CFR Part 203.
21.18 Embalming and transportation of bodies of deceased employees. (a) In the case of an employee whose home is within the United States, if such death occurs away from his home office or outside the United States, and if the relatives desire that the body be embalmed and transported in a hermetically sealed casket to the home of the employee, the Commission may upon application pay the reasonable and necessary expenses of such embalming and transportation, in addition to the allowance for burial expenses.
(b) In the cases of enrollees of the Civilian Conservation Corps where death occurs after the enrollee is discharged from the Corps, and after
he has been discharged from hospitalization authorized by the War Department, the provisions of paragraph (a) of this section shall apply. In such cases where death occurs before the enrollee is discharged from the Corps, or after such discharge and while the enrollee is hospitalized under the authorization of the War Department, the payment of burial expenses shall be governed by the regulations of the War Department relating to the Civilian Conservation Corps.**
CROSS REFERENCE: For War Department regulations relating to burial ex. penses of CCC enrollees, see 45 CFR Part 203.
21.19 Payments by mistake. If any compensation is paid under a mistake of law or of fact, the Commission shall immediately cancel
**For statutory and source citations, see note to $ 21.1.
Page 23 **For statutory and source citations, see note to $ 21.1.,
any award under which such compensation has been paid and shall recover, so far as practicable, any amount which has been so paid. Any person who has received any payment from the Commission, or on whose behalf the Commission has made any payment, under a mistake of law or of fact shall, as soon as the mistake is discovered or his attention is called to the same, refund to the Commission any amount so paid. If the payee of any check covering any payment made under the provisions of said Act shall die before the check is presented for payment, the check shall be returned to the office from which it was received, together with a statement of the reason for its return.**
21.20 Approval of claims for legal and other services. (a) No claim for legal services or for any other services rendered in respect of a claim or award for compensation, to or on account of any person, shall be valid unless approved by the Commission; and any person who receives any fee, other consideration, or any gratuity on account of services so rendered, unless such consideration
or gratuity is approved by the Commission, or who makes it a business to solicit employment for a lawyer or for himself in respect of any claim or award for compensation, shall be liable upon conviction for such offense to the penalty provided in the Act of February 15, 1934 (48 Stat. 351; 5 U.S.C. 796). The Commission can not pay any claim so approved by it nor can it assist in the collection of any sum as so approved.
(b) Every claim for legal and other services rendered in respect of a claim or award for compensation shall be submitted in the form of a written statement for approval of the claim for such services which shall set forth in itemized form the separate services performed and the separate amounts charged for each such service. Commission will consider for approval only the necessary services performed by applicant on behalf of the compensation beneficiary.
(c) The Commission will not recognize any contract for the payment of an agreed sum, or any contingent contract, with respect to legal and other services rendered in respect of a claim or award for compensation.*i (48 Stat. 351; 5 U.S.C. 796)
21.21 Confidential nature of records and papers relating to injury or death of employees. (a) All records, medical and other reports, statements of witnesses and other papers relating to the disability or death of a civil employee of the United States or other person entitled to compensation benefits from the United States under said Act and all amendments or extensions thereof, are the official records of the Commission and are not records of the agency, establishment or department making or having the care or use of such records. Such records and papers pertaining to any such injury or death are confidential and no official or employee of a Government establishment who has investigated or secured statements from witnesses and others pertaining to a claim for compensation, or any person having the care or use of such reports, shall disclose information from or pertaining to such records to any person, except upon the written approval of the Commission.
(b) Any person having any such record shall assume no control over same, nor shall such person be vested with any discretion relative to the production of same in court, as such discretion shall remain in the Commission to whose business such records appertain. Any such person is prohibited from presenting such records or information in court, whether in answer to a subpoena duces tecum or otherwise. When a subpoena shall have been served upon such person, he shall appear in court and respectfully decline to present such records or to divulge the information called for, basing his refusal upon this section and upon the fact that such person is not the custodian of such records.
(c) Information with respect to an injury or death which may be necessary for the official purpose of any department, agency, or other establishment of the United States may be disclosed upon the responsibility of the official superior to see that such information will be used exclusively for such official purpose.** (R.S. 161; 5 U.S.C. 22)
PART 22-FURNISHING OF MEDICAL TREATMENT
Sec. 221 Medical treatment, hospital serv. 22.9 Furnishing of orthopedic and ice, transportation, etc.
prosthetic appliances, and dental 22.2 Medical treatment in emergency
22.10 Recording and submission of 22.3 Official authorization for treat
medical reports. ment.
22.11 Submission of bills for medical 22.4 Medical treatment for recurrence
and hospital services, for appli. of disability.
ances and supplies. 22.5 Medical treatment in doubtful 22.12 Reimbursement for medical or cases,
hospital expense, transportation 22.6 Authority for dental treatment.
costs, loss of wages, and inci. 22.7 Medical examinations.
dental expenses. 22.8 Medical referee examination.
Section 22.1 Medical treatment, hospital service, transportation, etc. (a) Medical treatment needed on account of a compensable injury shall, where practicable, be furnished by United States medical officers and hospitals. In localities where such medical facilities are not available, or are inadequate to furnish the services required, the official superior shall refer the injured employee to a duly qualified physician whom the official superior has found to be fully qualified by training and experience to render services in industrial accident cases. Advice as to suitability of local hospitals may be obtained from medical or hospital councils or associations.
(b) In the cases of enrollees of the Civilian Conservation Corps, medical treatment and hospital care needed on account of a compensable injury during the period of enrollment therein shall be rendered in accordance with the regulations of the War Department relating to the Civilian Conservation Corps. After discharge therefrom, such medical treatment and hospital care shall be furnished by the Commission, unless it is being furnished by the said Corps under regulations issued by the War Department. Authority for such medical treatment and hospital care should in every such case be requested of the Commission by the injured enrollee.
**For statutory and source citations, see note to f 21.1.
Page 25 Page 26
(c) The term "physician" as used in the regulations in this subchapter includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law. The term “medical, surgical, and hospital services, and supplies" as used in the regulations in this subchapter includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law.
(d) In cases of an emergency nature or cases involving unusual circumstances the Commission may in its discretion authorize treatment otherwise than as provided for herein, or it may approve pay. ment for medical expenses incurred otherwise than as authorized herein.*+
*$$ 22.1 to 22.12, inclusive, issued under the authority contained in sec. 32, 39 Stat. 749; 5 U.S.C. 783 as made applicable to the persons referred to in § 21.1: apply sec. 1, 48 Stat. 351; 5 U.S.C. 798. Sec. 1, 48 Stat. 1056; 16 U.S.C. 587a. Sec. 2, 49 Stat. 117, 49 Stat. 1610, sec. 500, 49 Stat. 2035, sec. 8, 50 Stat. 356.
+In $8 22.1 to 22.12, inclusive, the numbers correspond with the respective section numbers in the Regulations under the United States Employees' Com. pensation Act (as extended to emergency relief employees and others), United States Employees' Compensation Commission, effective June 1, 1938.
CROSS REFERENCE: For War Department regulations relating to medical treatment, see 45 CFR Part 203.
22.2 Medical treatment in emergency cases. In all cases of injury requiring immediate emergency treatment, where the services of a United States medical officer or hospital or of a physician selected as prescribed in $ 22.1 are not readily available, any duly qualified physician may render first aid treatment. Further treatment, if necessary, should be obtained as soon as practicable from a medical officer of the United States or from a physician selected as prescribed in $ 22.1. It shall be the duty of the official superior to see that the regulations in this subchapter are carried out; if he should be unable to obtain treatment and care as provided for by the regulations in this subchapter, he shall communicate immediately by telegraph with the Commission for instructions, stating all of the pertinent facts in his communication.** 22.3 Official authorization for treatment. (a) When an em
( ployee is injured under circumstances entitling him to medical treatment or hospital care, his official superior shall issue promptly to him an authorization for such treatment or care. Special Form C. A. 16 has been provided by the Commission for use in authorizing medical treatment or in authorizing hospital care in cases in which there is no doubt concerning the right of the employee to receive such treatment or care. Special Form C. A. 17 is intended for use in all hernia cases and in all other cases in which there may be doubt whether the disability of the employee is due to an injury as defined in $ 21.1; also see $ 22.5.
(b) Authorization may be given for emergency treatment before the issuance of special Form°C. A. 16, provided that this form is issued within 48 hours thereafter.
(c) In every case in which special Form C. A. 16 or special Form C. A. 17 is used, a copy of such form shall be transmitted to the Commission, together with the reports required by § 21.3.**
**For statutory and source citations, see note to 8 22.1. **For statutory and source citations, see note to $ 22.1.
22.4 Medical treatment for recurrence of disability. If, after having been recently discharged from medical treatment, an injured employee complains of a recurrence of disability (whether or not he is disabled for work) on account of an injury recognized as compensable by the Commission, and from the circumstances it may reasonably be inferred that such disability is the result of such injury, the official superior in his discretion may issue official authorization for medical treatment, as authorized by $ 22.3, provided that not more than 6 months shall have elapsed since the final action of the Commission upon the case. In any case in which the employee complains of a recurrence of disability with respect to which there may be a doubt that the disability is the result of the injury, or in cases in which the final action of the Commission shall have been taken more than 6 months prior to complaint, the official superior should communicate with the Commission using telegraph if urgent and request instructions, stating all of the pertinent facts in his communication.**
22.5 Medical treatment in doubtful cases. In cases of a doubtful nature, so far as compensability is concerned, medical examination shall be authorized by use of special Form C. A. 17. Where such form has been furnished, a statement of all pertinent facts relating to the case, together with a statement of the reason for considering such case to be doubtful, shall be forwarded immediately to the Commission for consideration. Special Form C. A. 17 for the purpose of authorizing necessary emergency treatment pending receipt of instructions from the Commission shall be used in all hernia cases and in all other cases where there may be doubt whether the disability of the employee is due to an injury as defined in § 21.1. In hernia cases, where medical examination is authorized by use of special Form C. A. 17, such form shall not be used as authority for an operation unless the hernia is strangulated or incarcerated. If the medical examination or other information received subsequent to the issuance of special Form C. A. 17 discloses that the condition for which the treatment was rendered is not due to an injury as defined in § 21.1, the person issuing special Form C. A. 17 shall immediately notify the physician or hospital that no further treatment shall be rendered for the account of the Commission. In cases handled by Federal establishment other than the Works Progress Administration, where there may be doubt as to whether the injured employee is entitled to receive benefits, the official superior shall by telegraph communicate all the facts to the Commission for its consideration. In cases handled by the Works Progress Administration, the official superior shall request advice in this respect from the State Compensation Officer. If the State Compensation Officer is unable to advise the official superior as to the right of the employee to receive such benefit, he should communicate by telegraph all of the facts to the Commission for its consideration. In cases of an emergency nature or cases involving unusual circumstances the Commission may on the exercise of its discretion authorize treatment otherwise than as provided for herein, or it may approve payment for medical expenses incurred otherwise than as authorized herein.