[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: 20CFR71.1]



[Page 148-149]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 71_GENERAL PROVISIONS--Table of Contents

 

Sec.  71.1  General administrative provisions.









Sec.

71.1 General administrative provisions.

71.2 Computation of benefits.

71.3 Deductions from benefits.

71.4 Limitation upon benefits.

71.5 Payment of benefits.

71.6 Notice of injury or death.

71.7 Claim filing, processing, adjudication and time limits.



    Authority: Sec. 32, 39 Stat. 749, as amended, sec. 106, 56 Stat. 

1033, as amended, sec. 5, 62 Stat. 1242, as amended; 5 U.S.C. 8145, 

8149, 42 U.S.C. 1706, 50 U.S.C. App., 2004.



    Source: 16 FR 2933, Apr. 4, 1951, unless otherwise noted.





    (a) Section 5(f) of the War Claims Act of 1948 (act of July 3, 1948; 

Pub. L. 896, 80th Cong., 62 Stat. 1240) makes provision for the payment 

of benefits with respect to the injury, disability or death resulting 

from injury of any civilian American citizen occurring while he was held 

by or in hiding from the Imperial Japanese Government to the same extent 

as if such civilian American citizen were an employee within the purview 

of the act of December 2, 1942 (Pub. L. 784, 77th Cong., 56 Stat. 1028, 

42 U.S.C. 1701, et seq.). Under section 5(f) of the said War Claims Act 

of 1948, the rights of individuals to benefits payable under this 

subchapter shall accrue from and after December 7, 1941, subject, 

however, to all of the provisions of said act and the regulations in 

this subchapter.

    (b) The regulations in part 61 of subchapter F of this chapter 

governing the administration of the benefits provided under titles I and 

II of the said act of December 2, 1942, as amended, shall, insofar as 

they are applicable and are not inconsistent with any of the provisions 

of this subchapter, govern the administration of the benefits payable 

under this subchapter. Provisions of such regulations relating to 

benefits for detention by the enemy, reimbursement to an employer or 

insurance carrier, and limitations on benefits in cases where workmen's 

compensation is payable are not applicable to the benefits provided in 

this subchapter nor are they within the purview of this subchapter. The 

provisions of sections 101(b), 104 and 105 of such act of December 2, 

1942, and the various provisions of part 61 of this chapter relating to 

such provisions, accordingly, are not applicable to the payment of 

benefits under this subchapter.

    (c) All rights or benefits under this subchapter which are 

determinable with reference to other provisions of law other than the 

said War Claims Act of 1948, shall be determined with reference to such 

provisions as they existed and were in force on January 3, 1948.

    (d) As used in this subchapter:

    (1) The term ``Bureau'' means the Bureau of Employees' Compensation, 

U.S. Department of Labor.

    (2) The term ``civilian American citizen'' means any person who, 

being then a citizen of the United States, was captured by the Imperial 

Japanese Government on or after December 7, 1941, at Midway, Guam, Wake 

Island, the Philippine Islands, or any Territory or possession of the 

United States attacked or invaded by such government or while in transit 

to or from any such place, or who went into hiding at any such place in 

order to avoid capture or internment by such government; except (i) a 

person who at any time voluntarily gave aid to, collaborated with, or in 

any manner served such government, or (ii) a person who at the time of 

his capture or entrance into hiding was within the purview of the 

Federal Employees' Compensation Act of September 7, 1918, as amended and 

extended, or the said act of December 2, 1942, as amended, or the 

Missing Persons Act of March 7, 1942 (56 Stat. 143), as amended, or who 

was a regularly appointed, enrolled, enlisted, or



[[Page 149]]



inducted member of any military or naval force.

    (3) The terms ``held by the Imperial Japanese Government'' or 

``captured by the Imperial Japanese Government'' mean a holding of such 

person as a prisoner, internee, hostage or in any other capacity.

    (4) The terms ``compensation'', ``physician'' and ``medical, 

surgical and hospital services and supplies'' shall be construed and 

applied as defined in the Federal Employees' Compensation Act of 

September 7, 1916, as amended.

    (5) The term ``benefit'' is construed as synonymous with the term 

``compensation''.

    (6) The terms ``disability'', ``wages'', ``child'', ``grandchild'', 

``brother'', ``sister'', ``parent'', ``widow'', ``widower'', 

``adoption'' or ``adopted'' shall be construed and applied as defined in 

the Longshoremen's and Harbor Workers' Compensation Act, as amended.