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A32 v.38

Material contained in this publication is in the public domain and may be reproduced, fully or partially, without permission of the Federal Government. Source credit is requested but not required. Permission is required only to reproduce any copyrighted material contained herein.

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington, DC 20402

Stacks DOS-USA 22-89

PREFACE

The Employees' Compensation Appeals Board was established in 1946 as a threemember, quasi-judicial body within the Federal Security Agency in accordance with the provisions of Reorganization Plan No. 2 of 1946, effective July 16, 1946.

Reorganization Plan No. 19 of 1950, effective May 24, 1950, provided for the transfer of the Board and its functions to the Department of Labor, and the transfer to the Secretary of Labor of the functions of the Federal Security Administrator with respect to the Board.

The Board has authority to hear and, subject to applicable law, make final decisions on appeals taken from determinations and awards with respect to claims of employees of the Federal Government arising out of the Federal Employees' Compensation Act of 1916, as amended and extended.1 The Board's jurisdiction is strictly appellate in nature and extends to questions of law and fact and to questions concerning the exercise of discretion. The review is made upon the case record. New evidence is neither received nor considered by the Board.

The administration of the Federal Employees' Compensation Act is the responsibility of the Office of Workers' Compensation Programs which, prior to July 2, 1974, was known as the Office of Federal Employees' Compensation.2

The decisions reported in this volume were issued during the period from October 1, 1986 to September 30, 1987. This volume contains only those cases having precedential value. Routine cases which follow earlier established precedents have not been included. Likewise, most of the Board's orders (decisions issued without opinions) have been excluded. The majority of these orders set aside the decision of the Office of Workers' Compensation Programs in the particular case and remanded it, either on the Board's own initiative or on motion of the Office, to correct legal or procedural error or for further development from an evidentiary standpoint.

The Board has continued the practice begun in Volume 35 of combining the decisions and index digest into a single, consolidated volume. The current index digest section follows as closely as possible the format and topic headings of the original index digest. This section is composed of headnotes to the printed decisions. These headnotes are not to be regarded as adding to or modifying the result or text of the decisions in any manner. They are intended merely as a tool to assist in the use of the volume.

Docket numbers are assigned on a fiscal year basis. Thus 87-1 was the first case filed in fiscal year 1987, which commenced on October 1, 1986.

1 Title 5, United States Code, section 8101 et seq. With respect to employees of the District of Columbia Government, effective May 3, 1979, all functions previously performed by the Secretary of Labor and the Employees' Compensation Appeals Board under the Federal Employees' Compensation Act, 5 U.S.C. 8101 et seq., were transferred to the Mayor of the District of Columbia.

2 In the case of employees of the Canal Zone Government and of the Panama Canal Company, the administrator was the Governor of the Canal Zone. However, effective October 4, 1979, Title 5 United States Code 8101 et seq. became inapplicable to any individual (1) who is not a citizen of the United States, (2) whose initial appointment by the Commission occurs after October 1, 1979; and (3) who is covered by the Social Security System of the Republic of Panama pursuant to any provision of the Panama Canal Treaty of 1977 and related agreements. Sec. 1209(a), P.L. 96-70; 93 Stat. 463.

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