[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: 20CFR61.303]



[Page 145]

 

                      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 D_Detention Benefits

 

Sec.  61.303  Determination of detention status.



    A determination that an employee has been detained by a hostile 

force or person may be made on the basis that the employee has 

disappeared under circumstances that make detention appear probable. In 

making the determination, the Office will consider the information and 

the conclusion of the Department or agency of the United States having 

knowledge of the circumstances surrounding the absence of the employee 

as prima facie evidence of the employee's status. The presumptive status 

of total disability of the missing person shall continue during the 

period of the absence, or until death is in fact established or can be 

legally presumed to have occurred.