[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR61.1] [Page 138-139] TITLE 20--EMPLOYEES' BENEFITS CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR PART 61_CLAIMS FOR COMPENSATION UNDER THE WAR HAZARDS COMPENSATION ACT, AS AMENDED--Table of Contents Subpart A_General Provisions Sec. 61.1 Statutory provisions Subpart A_General Provisions Sec. 61.1 Statutory provisions. 61.2 Administration of the Act and this chapter. 61.3 Purpose and scope of this part. 61.4 Definitions and use of terms. Subpart B_Reimbursement of Carriers 61.100 General reimbursement provisions. 61.101 Filing a request for reimbursement. 61.102 Disposition of reimbursement requests. 61.103 Examination of records of carrier. 61.104 Reimbursement of claims expense. 61.105 Direct payment of benefits. Subpart C_Compensation for Injury, Disability or Death 61.200 Entitlement to benefits. 61.201 Filing of notice and claim. 61.202 Time limitations for filing notice and claim. 61.203 Limitations on and deductions from benefits. 61.204 Furnishing of medical treatment. 61.205 Burial expense. 61.206 Reports by employees and dependents. Subpart D_Detention Benefits 61.300 Payment of detention benefits. 61.301 Filing a claim for detention benefits. 61.302 Time limitations for filing a claim for detention benefits. 61.303 Determination of detention status. 61.304 Limitations on and deductions from detention benefits. 61.305 Responsibilities of dependents receiving detention benefits. 61.306 Transportation of persons released from detention and return of employees. 61.307 Transportation of recovered bodies of missing persons. Subpart E_Miscellaneous Provisions 61.400 Custody of records relating to claims under the War Hazards Compensation Act. 61.401 Confidentiality of records. 61.402 Protection, release, inspection and copying of records. 61.403 Approval of claims for legal and other services. 61.404 Assignments; creditors. Authority: 1950 Reorg. Plan No. 19, sec. 1, 3 CFR, 1949-1953 Comp., p. 1010, 64 Stat. 1271; 5 U.S.C. 8145, 8149; 42 U.S.C. 1704, 1706; Secretary's Order 7-87, 52 FR 48466; Employment Standards Order 78-1, 43 FR 51469. Source: 53 FR 3679, Feb. 8, 1988, unless otherwise noted. (a) The War Hazards Compensation Act, as amended (42 U.S.C. 1701 et seq.) provides for reimbursement of workers' compensation benefits paid under the Defense Base Act (42 U.S.C. 1651 et seq.), or under other workers' compensation laws as described in Sec. 61.100(a), for injury or death causally related to a war-risk hazard. (b) If no benefits are payable under the Defense Base Act or other applicable workers' compensation law, compensation is paid to the employee or survivors for the war-risk injury or death of-- (1) Any person subject to workers' compensation coverage under the Defense Base Act; (2) Any person engaged by the United States under a contract for his or her personal services outside the continental United States; (3) Any person subject to workers' compensation coverage under the Nonappropriated Fund Instrumentalities Act (5 U.S.C. 8171 et seq.); (4) Any person engaged for personal services outside the continental United States under a contract approved and financed by the United States under the Mutual Security Act of 1954, as amended (other than title II of chapter II unless the Secretary of Labor, upon the recommendation of the head of any department or other agency of the U.S. Government, determines a contract financed under a successor provision of [[Page 139]] any successor Act should be covered by this subchapter), except that in cases where the United States is not a formal party to contracts approved and financed under the Mutual Security Act of 1954, as amended, the Secretary, upon the recommendation of the head of any department or agency of the United States, may waive the application of the Act; or (5) Any person engaged for personal services outside the continental United States by an American employer providing welfare or similar services for the benefit of the Armed Forces under appropriate authorization by the Secretary of Defense. (c) The Act also provides for payment of detention benefits to an employee specified in paragraph (a) of this section who-- (1) If found to be missing from his or her place of employment under circumstances supporting a reasonable inference that the absence is due to the belligerent action of a hostile force or person; (2) Is known to have been taken by a hostile force or person as a prisoner or hostage; or (3) Is not returned to his or her home or to the place of employment due to the failure of the United States or its contractor to furnish transportation.