Central office.

01.61
01.62 Requests for information.
01.63 Types of applications.

AUTHORITY: §§ 01.1 to 01.63, inclusive, issued under sec. 32, 39 Stat. 749; 5 U.S.C. 783; sec. 3, Reorg. Plan 2 of 1946, Title 3, Chapter IV, supra.

SOURCE: §§ 01.1 to 01.63, inclusive, contained in Regulations, Commissioner for Special Services, Bureau of Employees' Compensation, Aug. 27, 1946, effective Sept. 11, 1946, 11 F.R. 177A-521, except as noted following provisions affected.

§ 01.1 Establishment of the Bureau. The Bureau of Employees' Compensation was created by the Federal Security Administrator as part of the Office of Special Services, Federal Security Agency (see 45 CFR, Subtitle A), to perform the functions performed by the United States Employees' Compensation Commission prior to the transfer of such functions to the Administrator by Reorganization Plan No. 2 of 1946 (Title 3, Chapter IV, supra). The Bureau administers workmen's compensation laws falling within two general categories, which are, respectively, the statutes providing workmen's compensation benefits in cases of persons employed by, or in the service of, the Government of the United States (including its instru

mentalities), and the statutes providing workmen's compensation benefits in cases of privately employed persons whose employments fall within the exclusive Federal jurisdiction. The central and field offices of the Bureau are organized in conformity with statutory requirements and functions, and with respect to the differences in the laws administered.

§ 01.2 Acts affecting employees in Federal service. In the first general category of acts administered by the Bureau is the United States Employees' Compensation Act of September 7, 1916 (39 Stat. 742; 5 U. S. C. 751, et seq.), which is applicable to civil employees of the United States suffering injury or death while in the performance of duty. This act has been extended from time to time, with and without limitations, to other groups which include the following: the employees of the Government of the District of Columbia (except members of the police and fire departments); members of the Naval Reserve, while on authorized training duty in time of peace; members of the Officers' Reserve Corps and of the Enlisted Reserve Corps of the Army while on authorized training duty in time of peace; members of the Coast Guard Reserve while on authorized training duty in time of peace, temporary members of the Reserve while on active duty, and members of the Auxiliary while on Coast Guard patrol; members of the Women's Army Auxiliary Corps (prior to the establishment of the Women's Army Corps); members of the Women's Reserve of the Navy while on active duty (prior to July 30, 1942); evacuees in the War Relocation Camps; persons employed on various Federal emergency relief projects; commissioned officers of the United States Public Health Service; Federal student nurses; National Youth Administration project workers; enrollees of the Civilian Conservation Corps; and others. Aside from administering the benefit provisions, the Bureau performs statutory functions in respect to the prevention of accidents.

§ 01.3 Acts affecting private employees. In the second general category of acts administered by the Bureau, under which privately employed persons subject to exclusive Federal jurisdiction may receive benefits, are the following acts: Longshoremen's and Harbor Workers' Compensation Act of March 4, 1927

(44 Stat. 1424; 33 U. S. C. 901, et seq.); the District of Columbia workmen's compensation law, act of May 17, 1928 (45 Stat. 600, D. C. Code, 1940, Title 36, Chapter 5, secs. 1 and 2); and the act of August 16, 1941, as amended (the socalled Defense Bases Act; 55 Stat. 622, 42 U. S. C. 1651). Aside from administering the benefit provisions of such acts, the Bureau performs statutory functions in respect (a) to the prevention of accidents, (b) the authorization of insurance carriers to write workmen's compensation insurance under the several laws, and (c) the authorization of employers as self-insurers under such laws.

§ 01.4 Act relating to war injuries and detentions. The Bureau administers a law which partakes of the nature of the laws referred to in §§ 01.2 and 01.3. This is the act of December 2, 1942 (56 Stat. 1028; 42 U.S.C., Sup., 1701) which is applicable (a) to employees of contractors with the United States, (b) to persons rendering service for the United States under personal service contracts, and (c) to employees of post exchanges or ship stores, where the employees are engaged for services outside the United States. Such act prescribes workmen's compensation benefits for injuries and deaths due to war-risk hazards, and benefits for persons detained by an enemy. Integrated in the plan of the act are the administrative features of the United States Employees' Compensation Act of September 7, 1916, and the benefit provisions of the Longshoremen's Harbor Workers' Compensation Act, with certain modifications applicable to cases of detained persons. In addition to the provisions of such act in respect to injury, death, and detention, there are further provisions authorizing the reimbursement of employers, insurance carriers, and compensation funds for losses attributable to certain war risks.

and

§ 01.5 Public inspection of final opinions and orders. All final orders or opinions issued by the Bureau or by any authority subordinate to the Bureau in respect to the adjudication of claims or any other public function are made available to public inspection. Those issued by the Bureau will be available for inspection at its central office located at 285 Madison Avenue, New York, N. Y. Those issued by its deputy commissioners or other subordinate authority will

be available for inspection in the district office in which filed, with copies available for inspection at the central office of the Bureau.

§ 01.6 Availability of official records. (a) The official records of the Bureau consist of case records relating to claims for benefits, to claims for reimbursement of benefits (sec. 104, 56 Stat. 1031; 42 U.S.C., Sup., 1704), to applications for certificates of authority to write insurance, and to applications for the grant of the self-insurance privilege.

(b) Such official records are made available to persons properly and directly concerned with a particular official record. Any official record or part thereof may be held confidential for good cause under particular circumstances found to exist, or as may be specified by applicable published regulation, and not be made available for inspection. Prompt notice of denial to inspect an official record or part thereof will be given, together with a statement of the ground for such refusal.

Subpart B-United States Employees' Compensation Act and Extensions Thereof

§ 01.11 Central office. (a) The Bureau is organized (in respect to laws referred to in § 01.2 dealing with persons rendering service for the United States) with the central office divisions and sections under the general administration of the Director or Acting Director of the Bureau, stated and functioning as follows:

(1) Administrative Office of the Director-(i) Personnel Section. Handles personnel matters. The Director or Acting Director may appoint field personnel and authorize travel by employees of the Bureau. Deputy Commissioners in charge of district offices outside the United States may appoint field personnel within their respective district offices.

(ii) Mail and Files Section. Receives, routes and files correspondence and forms.

(2) Audit and Accounting Division. Makes administrative examination and audit of all accounts certified to the Treasury Department for payment; maintains accounts of receipts and expenditures, and keeps accounts and records, including Budgetary controls.

all legal actions to recover damages in cases of third party liability.

(4) Medical Division. Directs the furnishing of medical services and examinations of claimants; audits and settles accounts submitted by public and private facilities for medical care of beneficiaries.

(5) Safety and Statistical Division. Compiles and summarizes factual data relative to the frequency, severity, cause and cost of injuries; makes actuarial computations and studies for the computation of certain awards; engages in studies and development of means for the prevention of occupational disabilities.

The Employees' Compensation Division of the General Counsel's Office, Federal Security Agency, handles the legal matters of the Bureau.

(b) The central office of the Bureau is located at 285 Madison Avenue, New York, N. Y., and at such place claims are processed to completion and payment in respect to cases arising under the laws referred to in § 01.2. The Director or Acting Director of the Bureau is the final authority within the Bureau in the adjudication of claims thereunder.

§ 01.12 Field offices and delegations of authority. Final authority to receive, process, and pay claims, as well as to authorize medical treatment, has been delegated by the Bureau to its deputy commissioner at Manila, P. I., for the western Pacific area (address: AFWESPAC, A. P. O. 707, c/o Postmaster, San Francisco, California), and to its deputy commissioner in France for the European area (address: c/o Headquarters, U. S. F. E. T. (Rear), A. P. O. 887, c/o Postmaster, New York, N. Y.). Authority to receive, process and pay claims, as well as to authorize medical treatment (but with limitation of payment of benefits to a period not to exceed 180 days) has been delegated by the Bureau to its deputy commissioner at Honolulu, T. H., for the Hawaiian Islands (address: 407-408 Hawaiian Trust Building), to its deputy commissioner at San Juan, Puerto Rico, for Puerto Rico and the West Indies (address:" "L" PRRA Buildings, Stop 8), to its Resident Claims Examiner in the Canal Zone for the Canal Zone and Panama (address: Balboa Heights, C. Z.-Building 705), and to Foreign Claims Commission No. 197, of the War Department, with headquarters

at Cairo, Egypt, for the area served by such Commission. Actions upon claims pursuant to such delegations of authority are subject to review and modification by the Bureau. Claims or applications for compensation, and other forms specified in the regulations of the Bureau (20 CFR, Chapter I, Subchapters A, B and F) may be filed at the central office of the Bureau, 285 Madison Avenue, New York, N. Y., or with the above specified officers or offices in any case arising within their respective areas.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 01.12 Field offices. (a) The following field offices of the Bureau serve in the administration of the United States Employees' Compensation Act and extensions thereof, to the extent of performing specific assignments as directed by the Bureau, or to the extent of processing claims under delegations of authority. For such delegations see § 04.11 of this chapter.

(1) The offices of the deputy commissioners as established under the Longshoremen's and Harbor Workers' Compensation Act; see § 01.22.

(2) The office of the deputy commissioner as established under the District of Columbia workmen's compensation law; see § 01.32.

(3) The offices of the deputy commissioners as established under the so-called Defense Bases Act (55 Stat. 622, as amended by 56 Stat. 1035; 42 U.S.C., Sup., 1651); see § 01.42

(4) The office of the deputy commissioner in France for the European area (address: c/o Headquarters, U. S. F. E. T. (Rear), A. P. O. 887, c/o Postmaster, New York, N. Y.).

(5) The office of the Resident Claims Examiner in the Canal Zone, for the Canal Zone and Panama (address: Balboa Heights, C. Z.-Building 705).

(b) For delegations of authority to process and pay claims, see § 04.11 of this chapter. [Reg., approved Oct. 21, 1946, 11 F.R. 12540]

§ 01.13 Requests for information. Requests for information in respect to the jurisdiction of the Bureau, the procedure in respect to claims, the forms required, or relating to any matter arising under such acts, including examination of case files by parties in interest, may be addressed to the central office of the Bureau, at the address stated in