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5 U.S.C. § 8119 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8119. Notice of injury or death
An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in section 8133 of this title, or someone on his behalf. A notice of injury or death shall—
(a) be given within 30 days after the injury or death;
(b) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed;
(c) be in writing;
(d) state the name and address of the employee;
(e) state the year, month, day, and hour when and the particular locality where the injury or death occurred;
(f) state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and
(g) be signed by and contain the address of the individual giving the notice.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 12(a), Sept. 7, 1974, 88 Stat. 1146.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a)
5 U.S.C. 765.
Sept. 7, 1916, ch. 458, § 15, 39 Stat. 746.
5 U.S.C. 766.
Sept. 7, 1916, ch. 458, § 16, 39 Stat. 746.
(b)
5 U.S.C. 767.
Sept. 7, 1916, ch. 458, § 17, 39 Stat. 746.
Subsection (b)(2) is added on authority of former section 770, which is carried into section 8122, to complete the coverage of this section.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1974—Pub. L. 93–416 substituted “or death” for “; failure to give” in section catchline, struck out designation of subsec. (a), redesignated cls. (1) to (7) as (a) to (g), and, as so redesignated, inserted provisions relating to notice of death and substituted “30 days” for “48 hours” in cl. (a), and struck out subsec. (b) relating to allowance of compensation.
heading: Effective Date of 1974 Amendment
text: Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.
5 U.S.C. § 8120 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8120. Report of injury
Immediately after an injury to an employee 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 as are agreed on by the Secretary and the head of the employing agency.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543.)
text: Historical and Revision Notes
Derivation
U.S. Code
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Statutes at Large
5 U.S.C. 774(a).
Sept. 7, 1916, ch. 458, § 24, 39 Stat. 747.
5 U.S.C. 779.
Sept. 7, 1916, ch. 458, § 28a, 39 Stat. 748.
Oct. 14, 1949, ch. 691, § 205(b), 63 Stat. 864.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8121 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8121. Claim
Compensation 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;
(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 or someone on his behalf; and
(6) except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability.
The Secretary may waive paragraphs (3)–(6) of this section for reasonable cause shown.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 13, Sept. 7, 1974, 88 Stat. 1147.)
text: Historical and Revision Notes
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Revised Statutes and
Statutes at Large
5 U.S.C. 768.
Sept. 7, 1916, ch. 458, § 18, 39 Stat. 746.
5 U.S.C. 769.
Sept. 7, 1916, ch. 458, § 19, 39 Stat. 746.
The words “except as provided in section 788” in former section 768 are omitted as unnecessary as former section 788 dealt with recovery of overpayments after claims were made.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1974—Par. (3). Pub. L. 93–416 substituted “approved” for “furnished”.
heading: Effective Date of 1974 Amendment
text: Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after Sept. 7, 1974, see section 23(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.
5 U.S.C. § 8123 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8123. Physical examinations
(a) An employee shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the United States and the physician of the employee, the Secretary shall appoint a third physician who shall make an examination.
(b) An employee 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’ Compensation Fund.
(c) The Secretary shall fix the fees for examinations held under this section by physicians not employed by or under contract to the United States to furnish medical services to employees. The fees, when authorized or approved by the Secretary, are paid from the Employees’ Compensation Fund.
(d) If an employee refuses to submit to or obstructs an examination, his right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation 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 is payable to the employee.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 544.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 771.
Sept. 7, 1916, ch. 458, § 21, 39 Stat. 747.
June 26, 1926, ch. 695, § 2, 44 Stat. 772.
5 U.S.C. 772.
Sept. 7, 1916, ch. 458, § 22, 39 Stat. 747.
5 U.S.C. 773(a).
Sept. 7, 1916, ch. 458, § 23, 39 Stat. 747.
June 26, 1926, ch. 695, § 3, 44 Stat. 772.
Oct. 14, 1949, ch. 691, § 208 “Sec. 23(a)”, 63 Stat. 865.
In subsections (a) and (c), the words “duly qualified” in former sections 771 and 772 are omitted as unnecessary in view of the definition of “physician” in section 8101.
In subsection (c) the words “fees for examinations” in former section 773(a) are substituted for “fees or examinations” since the word “or” was erroneously in the 1949 amendment. The words “any sum payable to the employee under section 771 of this title” in former section 773(a) are omitted as unnecessary because the same provision appeared in former section 771, which is carried into subsection (b).
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8125 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)
text: Historical and Revision Notes
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Statutes at Large
5 U.S.C. 773(c).
Oct. 14, 1949, ch. 691, § 208 “Sec. 23(c)”, 63 Stat. 865.
The words “the district court of the United States for the District of Columbia” are omitted as included in “district court”. The words “under this subchapter” are added for clarity since this section which was formerly a subsection referred to the subsection preceding it which identified the proceedings.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8126 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 780.
Sept. 7, 1916, ch. 458, § 29, 39 Stat. 748.
Oct. 14, 1949, ch. 691, § 205(c)(2), 63 Stat. 864.
The words “under this subchapter” are added to preserve the original grant of power in the Act of Sept. 7, 1916.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8127 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 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 furnished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Secretary.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)
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Statutes at Large
5 U.S.C. 773(b) (less last sentence).
Oct. 14, 1949, ch. 691, § 208 “Sec. 23(b) (less last sentence)”, 63 Stat. 865.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8128 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8128. Review of award
(a) The Secretary of Labor may review an award for or against payment of compensation 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 previously awarded; or
(2) award compensation 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 of a certifying or disbursing official for payments in accordance with that action.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)
text: Historical and Revision Notes
Derivation
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Revised Statutes and
Statutes at Large
(a)
5 U.S.C. 787.
Sept. 7, 1916, ch. 458, § 37, 39 Stat. 749.
June 5, 1924, ch. 261, § 1, 43 Stat. 389.
(b)
5 U.S.C. 793 (penultimate sentence of 5th par.).
July 28, 1945, ch. 328, § 4 (penultimate sentence), 59 Stat. 504.
In subsection (a), the words “If the original claim for compensation has been made within the time specified in section 770 of this title” are omitted as surplusage. The words “an award for or against payment of compensation” are coextensive with and, for clarity and consistency with section 8124, substituted for “the award”. The second sentence of former section 787 is omitted as included in the penultimate sentence of former section 793, which is carried into subsection (b). The last sentence of former section 787 is omitted as executed.
In subsection (b), the word “official” is substituted for “officer” because of the definition of “officer” in section 2104 which excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
5 U.S.C. § 8129 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 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) of this section; or
(2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 788.
Sept. 7, 1916, ch. 458, § 38, 39 Stat. 749.
Oct. 14, 1949, ch. 691, § 206, 63 Stat. 864.
In subsection (a), the words “Subject to the provisions of sections 786 and 787 of this title” and “if any” are omitted as surplusage.
In subsection (c), the word “official” is substituted for “officer” as the definition of “officer” in section 2104 excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8130 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8130. Assignment of claim
An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.)
text: Historical and Revision Notes
Derivation
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Revised Statutes and
Statutes at Large
5 U.S.C. 775.
Sept. 7, 1916, ch. 458, § 25, 39 Stat. 747.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8136 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8136. Initial payments outside the United States
If an employee is injured outside the continental United States, the Secretary of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the United States designated by the Secretary for that purpose in the locality in which the employee was employed or the injury occurred.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 549.)
text: Historical and Revision Notes
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Statutes at Large
5 U.S.C. 793 (2d sentence of 4th par.)
July 29, 1942, ch. 533 (2d sentence), 56 Stat. 725.
The word “continental” is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8138 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8138. Minimum limit modification for noncitizens and aliens
(a) Except as provided by subsection (b) of this section, the minimum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title do not apply in the case of a noncitizen employee, or a class or classes of noncitizen employees, who sustain injury outside the continental United States. The Secretary of Labor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees.
(b) The President may remove or modify the minimum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title in the case of an alien employee, or a class or classes of alien employees, of the Canal Zone Government or the Panama Canal Company.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.)
text: Historical and Revision Notes
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(a)
5 U.S.C. 793 (4th par., less 2d sentence).
July 29, 1942, ch. 533 (less 2d sentence), 56 Stat. 725.
Sept. 13, 1960, Pub. L. 86–767, § 210, 74 Stat. 910.
(b)
5 U.S.C. 793 (2d sentence of 2d par.).
Sept. 7, 1916, ch. 458, § 42 (2d sentence of 2d par.), 39 Stat. 750.
Apr. 6, 1938, ch. 79 “Sec. 42 (2d sentence of 2d par.)”, 52 Stat. 201.
In subsection (a), the words “in his discretion” are omitted as unnecessary in view of the permissive nature of the authority. The word “continental” is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.
In subsection (b), the words “Canal Zone Government” and “Panama Canal Company” are substituted for “Panama Canal” and “Panama Railroad Company”, respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: References in Text
text: For definition of Canal Zone Government and Panama Canal Company, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.
5 U.S.C. § 8139 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8139. Employees of the District of Columbia
Compensation awarded to an employee 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.)
text: Historical and Revision Notes
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Statutes at Large
5 U.S.C. 794 (less 1st sentence).
July 11, 1919, ch. 7, § 11 (less 1st sentence), 41 Stat. 104.
The words “Compensation awarded” are substituted for “Such compensation as the Secretary may award”.
The last sentence of former section 794, requiring that the Commissioners of the District of Columbia submit to Congress through the Bureau of the Budget estimates of appropriations, is omitted as obsolete. The Budget and Accounting Act, 1921, as amended, 31 U.S.C. 2 et seq., prescribes the procedures for presenting all budget estimates for the government of the District of Columbia and provides that the budget submission to Congress be made by the President.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Processing of Claims Filed by District of Columbia Employees
text: See Pub. L. 93–198, title II, § 204(e), Dec. 24, 1973, 87 Stat. 783, set out as a note under section 8101 of this title.
5 U.S.C. § 8143a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8143a. Members of the National Teacher Corps
Subject to the provisions of this section, this subchapter applies to a member of the National Teacher Corps. In administering this subchapter for a member covered by this section—
(1) “performance of duty” does not include an act of a member 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 for disability or death, the monthly pay of a member is deemed his actual pay or that received at the minimum rate for GS–6, whichever is greater.
(Added Pub. L. 90–83, § 1(66)(A), Sept. 11, 1967, 81 Stat. 212.)
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Source (U.S. Code)
Source (Statutes at Large)
8143a
20: 1105(b).
Nov. 8, 1965, Pub. L. 89–329, § 515(b), 79 Stat. 1257.
The words “a member of the National Teacher Corps” are substituted for “such members” on authority of 20 U.S.C. 1102, 1105(a). In paragraph (1)(B), the words “Commissioner of Education” are substituted for “Commissioner” on authority of 20 U.S.C. 1141(f). In paragraph (2), the words “at the minimum rate for GS–6” are substituted for “under the entrance salary for grade 6,” and the reference to the General Schedule of the Classification Act of 1949 is omitted as unnecessary.
heading: Transfer of Functions
text: Functions of Commissioner of Education of Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(1) of Title 20, Education.