[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: 20CFR61.4]



[Page 139-140]

 

                      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.  61.4  Definitions and use of terms.



    For the purpose of this part--

    (a) The Act means the War Hazards Compensation Act, 42 U.S.C. 1701 

et seq., as amended.

    (b) Office or OWCP means the Office of Workers' Compensation 

Programs, Employment Standards Administration, United States Department 

of Labor.

    (c) Contractor with the United States includes any contractor, 

subcontractor or subordinate subcontractor.



[[Page 140]]



    (d) Carrier means any payer of benefits for which reimbursement is 

requested under the Act, and includes insurance carriers, self-insured 

employers and compensation funds.

    (e) War-risk hazard means any hazard arising during a war in which 

the United States is engaged; during an armed conflict in which the 

United States is engaged, whether or not war has been declared; or 

during a war or armed conflict between military forces of any origin, 

occurring within any country in which a person covered by the Act is 

serving; from--

    (1) The discharge of any missile (including liquids and gas) or the 

use of any weapon, explosive, or other noxious thing by a hostile force 

or person or in combating an attack or an imagined attack by a hostile 

force or person;

    (2) Action of a hostile force or person, including rebellion or 

insurrection against the United States or any of its allies;

    (3) The discharge or explosion of munitions intended for use in 

connection with a war or armed conflict with a hostile force or person 

(except with respect to employees of a manufacturer, processor, or 

transporter of munitions during the manufacture, processing, or 

transporting of munitions, or while stored on the premises of the 

manufacturer, processor, or transporter);

    (4) The collision of vessels in convoy or the operation of vessels 

or aircraft without running lights or without other customary peacetime 

aids to navigation; or

    (5) The operation of vessels or aircraft in a zone of hostilities or 

engaged in war activities.

    (f) Hostile force or person means any nation, any subject of a 

foreign nation, or any other person serving a foreign nation--

    (1) Engaged in a war against the United States or any of its allies;

    (2) Engaged in armed conflict, whether or not war has been declared, 

against the United States or any of its allies; or

    (3) Engaged in a war or armed conflict between military forces of 

any origin in any country in which a person covered by the Act is 

serving.

    (g) Allies means any nation with which the United States is engaged 

in a common military effort or with which the United States has entered 

into a common defensive military alliance.

    (h) War activities includes activities directly relating to military 

operations.

    (i) Continental United States means the States and the District of 

Columbia.

    (j) Injury means injury resulting from a war-risk hazard, as defined 

in this section, whether or not such injury occurred in the course of 

the person's employment, and includes any disease proximately resulting 

from a war-risk hazard.

    (k) Death means death resulting from an injury, as defined in this 

section.

    (l) The terms compensation, physician, and medical, surgical, and 

hospital services and supplies when used in subparts D and E are 

construed and applied as defined in the Federal Employees' Compensation 

Act, as amended (5 U.S.C. 8101 et seq.).

    (m) The terms disability, wages, child, grandchild, brother, sister, 

parent, widow, widower, student, adoption or adopted are construed and 

applied as defined in the Longshore and Harbor Workers' Compensation 

Act, as amended (35 U.S.C. 901 et seq.).