Subchapter II 5 USC 8101-8150 SEC. 8101. DEFINITIONS For the purpose of this subchapter— (1) "employee" means— (A) a civil officer or employee in any branch of 40 (b) (1) (B) an individual rendering personal service 40 (b) (2) (C) an individual, other than an independent 40 (b) (3) 3 (D) an individual employed by the government of the District of Columbia; and • (E) an individual appointed to a position on the office staff of a former President under section 1 (b) of the Act of August 25, 1958 (72 Stat. 838); ' but does not include (i) a commissioned officer of the Regular Corps 40 (b) (1) of the Public Health Service;" (ii) a commissioned officer of the Reserve Corps 40 (b) (1) of the Public Health Service on active duty;" (iii) a commissioned officer of the Environ- 40 (b) (1) mental Science Services Administration; or 8 (iv) a member of the Metropolitan Police or (2) "physician" includes surgeons and osteopathic 40 (d) 1Act of Sept. 7. 1916, 39 Stat. 750; Act of June 5, 1924, 43 Stat. 389; Act of July 1, 1944, 58 Stat. 712; Act of Oct. 14, 1949, 63 Stat. 860. 2Act of Oct. 14, 1949, 63 Stat. 860. Act of April 11, 1940, 54 Stat. 105; Act of July 1, 1944, 58 Stat. 712; Act of Oct. 14, 1949, 63 Stat. 861. "Act of July 11, 1919, 41 Stat. 104. This referred to section provides Workmen's Compensation benefits, among other things. These were formerly included: Act of July 1, 1944, 58 Stat. 712; Act of Oct. 14, 1949, 63 Stat. 860. Excluded by Act of Aug. 1, 1956, 70 Stat. 883. "See note 6 supra. Act of Aug. 1, 1956, 70 Stat. 883. Changed from Coast and Geodetic Survey by Act of Sept. 11, 1967, 81 Stat. 196. See note 4 supra. 10Act of Sept. 7, 1916, 39 Stat. 750; Act of June 5, 1924, 43 Stat. 389; Act of May 31, 1938, 52 Stat. 586. *References in the margins are to sections in the Pamphlet Federal Employees' Compensation Act As Amended to September 13, 1960-published by the Bureau of Employees' Compensation in 1962. 40 (e) 40 (f) 40 (g) 10 (H) 10 (H) 10 (H) 10 (H) 10 (H) 10 (B) 40 (h) 40 (j) (3) "medical, surgical, and hospital services and supplies" includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law; 11 1 1 (4) "monthly pay" means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the United States, whichever is greater, except when otherwise determined under section 8113 of this title with respect to any period; 11 (5) "injury" includes, in addition to injury by accident, a disease proximately caused by the employment; 13 (6) "widow" means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion; i 1 (7) "parent" includes stepparents and parents by adoption; 1 15 (8) "brother" and "sister" mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters; 1 ́ 1 (9) "child" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children; 17 (10) "grandchild" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support; 18 (11) "widower" means one who, because of physical or mental disability, was wholly dependent for support on the employee at the time of her death. 19 (12) "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for from the Employees' Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death; 2 0 (13) "war-risk hazard" means a hazard arising during a war in which the United States is engaged; 11Act of May 31, 1938, 52 Stat. 586. 11Act of Sept. 7, 1916, 39 Stat. 750; Act of June 5, 1924, 43 Stat. 389; Act of Oct. 14, 1949, 63 Stat. 861; Act of Sept. 13, 1960, 74 Stat. 908, 909. 13Act of June 5, 1924, 43 Stat. 389. 14Act of Sept. 7, 1916, 39 Stat. 745; Act of Feb. 12, 1927, 44 Stat. 1087. 1 See note 14 supra. 1 See note 14 supra. 17See note 14 supra. 1 See note 14 supra. 1Act of Sept. 7, 1916, 39 Stat. 745. 10See note 13 supra. during an armed conflict in which the United States (A) the discharge of a missile, including liquids 40 ) (1) (B) action of a hostile force or individual, in- 40 (j) (2) cluding rebellion or insurrection against the United States or any of its allies; (C) the discharge or explosion of munitions 40 (j) (3) intended for use in connection with a war or armed conflict with a hostile force or individual; (D) the collision of vessels on convoy or the 40 (j) (4) operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or (E) the operation of vessels or aircraft in a 40 (j) (5) zone of hostilities or engaged in war activities; * 1 (14) "hostile force or individual" means a nation, 40 (k) a subject of a foreign nation, or an individual serving a foreign nation (A) engaged in a war against the United States 40 (k) (1) or any of its allies; (B) engaged in armed conflict, whether or not 40 (k) (2) war has been declared, against the United States or any of its allies; or (C) engaged in a war or armed conflict between 40 (k) (3) military forces of any origin in a country in which an individual to whom this subchapter applies is serving; 22 (15) "allies" means any nation with which the 40 (1) United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance; '; (16) "war activities" includes activities directly re- 40 (m) lating to military operations; 24 (17) "student" means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is (A) a school or college or university operated or directly supported by the United States, or by a State or local government or political subdivision thereof; (B) a school or college or university which has been accredited by a State or by a State-rec 11Act of Aug. 8, 1958, 72 Stat. 539. 21See note 21 supra. * See note 21 supra. 14See note 21 supra. 1 (a) 1 (b) ognized or nationally recognized accrediting agency or body; (C) a school or college or university not so accredited but whose credits are accepted, on transfer, by at least three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; or (D) an additional type of educational training institution as defined by the Secretary of Labor. Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period; 2 5 26 (18) "price index" means the Consumer Price Index (all items United States city average) published monthly by the Bureau of Labor Statistics; and (19) "base month” means the month of July 1966 and each later month which is used as a basis for calculating an increase under section 8146a of this title. 27 SEC. 8102. COMPENSATION FOR DISABILITY OR DEATH OF EMPLOYEE (a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is (1) caused by willful misconduct of the employee; (2) caused by the employee's intention to bring about the injury or death of himself or of another; or (3) proximately caused by the intoxication of the injured employee. 28 (b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in the Canal Zone, is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the 25Act of July 4, 1966, 80 Stat. 254; Act of Sept. 11, 1967, 81 Stat. 209. 26Act of July 4, 1966, 80 Stat. 256; Act of Sept. 11, 1967, 81 Stat. 209. 27See note 26 supra. 28Act of Sept. 7, 1916, 39 Stat. 742, 743; Act of Aug. 8, 1958, 72 Stat. 538. |