ing vocational rehabilitation, benefits may be continued in proportion to loss of wage-earning capacity. Death If an employee dies as a result of a work injury or disease, even if he leaves no legal dependent, the family will be assured of necessary burial expenses up to $400. If death occurs away from his official station, the Bureau will pay for transporting his remains from the place of death to his home. The cost of returning the remains, including the cost of a hermetically sealed casket, will be paid in addition to the necessary burial expenses. Persons eligible to receive monthly compensation for death include the widow who will receive regularly 45 percent of the monthly pay not to exceed $525 per month until her death or remarriage, provided she is the sole dependent. If the decedent is survived by a widow and unmarried children under 18 years of age, the widow will receive 40 percent of the monthly pay as her own share and 15 percent for each unmarried child under 18 years of age up to a maximum of 75 percent for all dependents. For example, a widow and two children would receive monthly compensation equal to 70 percent of the monthly salary of the decedent. The total may never exceed 75 percent of the monthly pay, or $525 per month. If children are the sole dependents, 35 percent of the monthly pay is authorized for one child, plus 15 percent for each additional child subject to the above limitation of 75 percent and $525 per month. The children share equally in the award. The law also makes provisions for dependent grandparents, parents, brothers, sisters, grandchildren, and others. Compensation Act Exclusive A Federal employee who is injured at work has no right of action against the United States for the effects of his injury other than the right to receive the benefits provided by the Federal Employees' Compensation Act. The Act is an exclusive remedy. The exclusive provision does not apply to a master or a member of the crew of any vessel. Neither does it prevent the employee from electing to receive the benefits of the Civil Service Retirement Act if he so desires but he cannot receive compensation benefits for disability and a disability retirement annuity concurrently. Where the employee has the choice of benefits, he should be advised to secure through his Personnel Office information as to the measure of benefits available to him under the respective laws. Injuries Caused by a Third Party If an injury is caused by the negligence of some person other than the United States under circumstances creating a legal liability on such person for the payment of damages, the Bureau may require the employee to assign to the Government his right of action against such person or to prosecute action against the third party. If damages are recovered in excess of benefits paid by the Bureau, such excess is retained by the employee. Particular attention is directed to the regulations for handling such cases. Seven Simple Steps to Follow 1. Know the employee's rights under the compensation law. He, his family, and his family's welfare may be dependent upon your knowledge of the law. 2. Report every occupational injury without delay. If others were present at the time of the accident, get their names and statements as witnesses. 3. Arrange first-aid treatment first. Infection is painful and costly to the employee. Even under compensation he will lose at least onefourth of his pay check. 4. See that you keep available the proper forms needed to secure adequate medical treatment, including Form CA-1 upon which to file a notice of injury. 5. Claim Form CA-4 for compensation should be submitted promptly whenever any loss of pay is involved. Although technically the employee may have a year in which to present his claim, the payment in which he is interested is dependent upon prompt completion of Form CA-4. No compensation is paid without it. 6. A safe workman draws full pay regularly. Show him how to avoid the accident that causes the injury but, if he is injured, abide by the rules that assure full protection to him and his family. 7. When in doubt, write to the Bureau of Employees' Compensation, Washington 25, D. C. Subchapter B-United States Employees' Compensation Act 1 Claims for compensation and administrative procedure. Furnishing of medical treatment. Cases involving the liability of a third party. 25 Compensation for disability and death of non-citizens outside the United 1 Title of "Federal Employees' Compensation Act" established by 1949 Amendments to the Act, approved October 14, 1949 (ch. 691, 63 Stat. 854) (X) SUBCHAPTER A-PROCEDURES Part 01-Statement of Procedures Subpart A-United States Employees' Compensation Act and Extensions Thereof AUTHORITY: 88 01.1 to 01.52 issued under sec. 32, 39 Stat. 749; 5 U. S. C. 783. Statutory provisions interpreted or applied are cited to text in parentheses. SOURCE: §§ 01.1 to 01.52 appear at 11 F. R. 177A-524, redesignated at 13 F. R. 7668. SUBPART A-UNITED STATES EMPLOYEES' COMPENSATION ACT AND EXTENSIONS THEREOF § 01.1 Processing of claims. (a) Claims for compensation for disability and death are processed by claims examiners in the Claims Division of the Bureau whose duty is to apply the law to the facts as reported, received, or obtained upon investigation. The act requires determination of a claim, with findings of fact and an award for or against the payment of compensation, upon consideration of the claim presented by the beneficiary, and the report furnished by the immediate superior and the completion of such investigation as the Bureau may deem necessary. Hearings are not provided for by the act, nor is there any required procedure for the production of evidence. Evidence in written form is accepted. The final authority in the Bureau in the determination of a claim is vested in the Director or Acting Director of the Bureau. His final order is subject to review by the Employees' Compensation Appeals Board, Office of Special Services, Federal Security Agency, on questions of law and fact. (b) The field employees of the Bureau are employed in accordance with procedures prescribed by the United States Civil Service Commission and the applicable forms are those prescribed by such Commission (see 5 CFR, Chapter I). 801.2 Review of decisions. Compensation cases are subject to review by the Bureau as specified in the act. No formal application for review is required, but request for review in writing stating the ground for review is necessary to invoke action. (Sec. 37, 39 Stat. 749, as amended; 5 U. S. C. 787.) 801.3 Forms. The following forms are used under such act and extensions thereof: CA-1 Employee's Notice of Injury and Original Claim for Compensation and Medical Treatment. (See also Forms 124.) CA-2 Official Superior's Report of Injury. (See also Forms 124.) CA-3 Official Superior's Report of Termination of Total or Partial Disability; Report of Death. CA-4 Employee's (or someone on his behalf) Claim for Compensation on Account of Injury. (See also Forms 124.) CA-4A Application for Augmented Compensation for Disability. CA-4B Application for Award for Disfigurement. CA-5 Beneficiary's Claim for Compensation on Account of Death. CA-5A Application for Balance of Schedule Due when Death is from Causes Other Than the Injury. CA-8 Employee's Claim for Continuance of Compensation on Account of Disability. CA-10 Placard for posting (containing instructions to employees on reporting injuries). CA-11 Pamphlet containing résumé of employee's rights to compensation benefits. CA-12 Widow or Widower's Claim for Continued Compensation on Account of Death. CA-13 Claim of Guardian of Minor Children for Continued Compensation on Account of Death. CA-13A Dependents who are Physically Incapable of Self-support Claim for Continued Compensation on Account of Death. CA-14 Dependent Parents or Grandparents Request for Continued Compensation on Account of Death. CA-16 Official Superior's Authorization and Request (addressed to U. S. Hospital, U. S. Medical Officer or Designated Physician) that injured employee be provided medical treatment. CA-17 Official Superior's Authorization and Request (addressed to U. S. CA-32 Employee's Report of Hernia (with physician's certificate). CA-42 Affidavit Relating to Representatives of Deceased Beneficiaries (to be used where no administration of deceased employee's estate contemplated). CA-43 Affidavit of Undertaker re Burial Expenses. CA-53 Employee's Instructions for submitting Vouchers for Travel Expenses (to accompany Standard Form 1012). CA-69 Employee's Claim for Continuance of Compensation on Account of Disability when case carried on Automatic Roll. CA-76 Physicians and Hospitals approved by Bureau which are available to injured employees. CA-83 Employee's notice of compensation payment by Bureau. CA-86 Official Superior's notice of compensation payment by Bureau. CA-95 Employee's Claim for Continuance of Compensation. CA-96 Employee's Affidavit disclosing earnings, if any, during disability. CS-124 Combination of Forms CA-1, CA-2 and CA-4 for use in reporting cases arising in the Far East and Southwest Pacific Areas. ETO-124 Same, for use in reporting cases arising in the European Theater of Operations. Std. 69 Voucher for Services and Supplies of Hospitals and Physicians. Std. 1012 Voucher for per diem or reimbursement of expenses incidental to travel. Std. 1034. Voucher for Purchases and Services other than personal (burial expenses); for use by undertaking establishments. US-205 Physician's Report on Permanent Eye Disabilities. (Sec. 19, 39 Stat. 746; 5 U. S. C. 769) Part 02-Statement Relative to Substantive Rules § 02.1 Statement relative to substantive rules. (a) The principal function of the Bureau and its subordinate parts is that of adjudicating claims for workmen's compensation. This function is quasi judicial in character and involves the application of statutes and principles of law to resolved factual situations. The field of activity is within the specialized branch of the law generally referred to as "workmen's compensation". This branch of the law has its own par |