War Hazards Act Entitlement to Benefits Title 20 Subpart B

[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR61.200]

[Page 144]

TITLE 20–EMPLOYEES’ BENEFITS

CHAPTER I–OFFICE OF WORKERS’ COMPENSATION PROGRAMS, DEPARTMENT OF LABOR

PART 61_CLAIMS FOR COMPENSATION UNDER THE WAR HAZARDS COMPENSATION ACT, AS

Subpart C_Compensation for Injury, Disability or Death

Sec. 61.200 Entitlement to benefits.

(a) Compensation under section 101(a) of the Act is payable for
injury or death due to a war-risk hazard of an employee listed in Sec.
61.1(a), whether or not the person was engaged in the course of his or
her employment at the time of the injury.
(b) Compensation under this subpart is paid under the provisions of
the Federal Employees’ Compensation Act, as amended (5 U.S.C. 8101 et
seq.), except that the determination of beneficiaries and the
computation of compensation are made in accordance with sections 6, 8,
9, and 10 of the Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 901 et seq.).
(c) The Office may not approve a claim for compensation if any of
the following conditions are met:
(1) The employee resides at or in the vicinity of the place of
employment, does not live there solely due to the exigencies of the
employment, and is injured outside the course of the employment.
(2) The claim is filed due to the injury or death of a prisoner of
war detained or utilized by the United States.
(3) The person seeking benefits recovers or receives workers’
compensation benefits from any other source for the same injury or
death.
(4) The person seeking benefits is a national of a foreign country
and is entitled to compensation benefits from that or any other foreign
country on account of the same injury or death.
(5) The employee is convicted in a court of competent jurisdiction
of any subversive act against the United States or any of its allies.