[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: 20CFR61.200]



[Page 143]

 

                      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 C_Compensation for Injury, Disability or Death

 

Sec.  61.200  Entitlement to benefits.





    (a) Compensation under section 101(a) of the Act is payable for 

injury or death due to a war-risk hazard of an employee listed in Sec.  

61.1(a), whether or not the person was engaged in the course of his or 

her employment at the time of the injury.

    (b) Compensation under this subpart is paid under the provisions of 

the Federal Employees' Compensation Act, as amended (5 U.S.C. 8101 et 

seq.), except that the determination of beneficiaries and the 

computation of compensation are made in accordance with sections 6, 8, 

9, and 10 of the Longshore and Harbor Workers' Compensation Act (33 

U.S.C. 901 et seq.).

    (c) The Office may not approve a claim for compensation if any of 

the following conditions are met:

    (1) The employee resides at or in the vicinity of the place of 

employment, does not live there solely due to the exigencies of the 

employment, and is injured outside the course of the employment.

    (2) The claim is filed due to the injury or death of a prisoner of 

war detained or utilized by the United States.

    (3) The person seeking benefits recovers or receives workers' 

compensation benefits from any other source for the same injury or 

death.

    (4) The person seeking benefits is a national of a foreign country 

and is entitled to compensation benefits from that or any other foreign 

country on account of the same injury or death.

    (5) The employee is convicted in a court of competent jurisdiction 

of any subversive act against the United States or any of its allies.