
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1705]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
CHAPTER 12--COMPENSATION FOR INJURY, DEATH, OR DETENTION OF EMPLOYEES OF 
          CONTRACTORS WITH UNITED STATES OUTSIDE UNITED STATES
 
 SUBCHAPTER I--COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF LABOR
 
Sec. 1705. Receipt of workmen's compensation benefits


(a) Receipt of benefits under other provisions

    No benefits shall be paid or furnished under the provisions of this 
subchapter for injury or death to any person who recovers or receives 
workmen's compensation benefits for the same injury or death under any 
other law of the United States, or under the law of any State, 
Territory, possession, foreign country, or other jurisdiction, or 
benefits in the nature of workmen's compensation benefits payable under 
an agreement approved or authorized by the United States pursuant to 
which a contractor with the United States has undertaken to provide such 
benefits.

(b) Lien and right of recovery against compensation payable under other 
        provisions

    The Secretary shall have a lien and a right of recovery, to the 
extent of any payments made under this subchapter on account of injury 
or death, against any compensation payable under any other workmen's 
compensation law on account of the same injury or death; and any amounts 
recovered under this subsection shall be covered into the fund 
established under section 8147 of title 5.

(c) Receipt of wages as credit against payment under this subchapter; 
        intervention by Secretary in proceeding to recover wages, etc.

    Where any person specified in section 1701(a) of this title, or the 
dependent, beneficiary, or allottee of such person, receives or claims 
wages, payments in lieu of wages, insurance benefits for disability or 
loss of life (other than workmen's compensation benefits), and the cost 
of such wages, payments, or benefits is provided in whole or in part by 
the United States, the amount of such wages, payments, or benefits shall 
be credited, in such manner as the Secretary shall determine, against 
any payments to which any such person is entitled under this subchapter.
    Where any person specified in section 1701(a) of this title, or any 
dependent, beneficiary, or allottee of such person, or the legal 
representative or estate of any such entities, after having obtained 
benefits under this subchapter, seeks through any proceeding, claim, or 
otherwise, brought or maintained against the employer, the United 
States, or other person, to recover wages, payments in lieu of wages, or 
any sum claimed as for services rendered, or for failure to furnish 
transportation, or for liquidated or unliquidated damages under the 
employment contract, or any other benefit, and the right in respect 
thereto is alleged to have accrued during or as to any period of time in 
respect of which payments under this subchapter in such case have been 
made, and in like cases where a recovery is made or allowed, the 
Secretary shall have the right of intervention and a lien and right of 
recovery to the extent of any payments paid and payable under this 
subchapter in such case, provided the cost of such wages, payments in 
lieu of wages, or other such right, may be directly or indirectly paid 
by the United States; and any amounts recovered under this subsection 
shall be covered into the fund established under section 8147 of title 
5.

(d) Entitlement to benefits by national of a foreign government under 
        foreign laws

    Where a national of a foreign government is entitled to benefits on 
account of injury or death resulting from a war-risk hazard, under the 
laws of his native country or any other foreign country, the benefits of 
this subchapter shall not apply.

(e) Receipt of benefits for prior accident or disease

    If at the time a person sustains an injury coming within the purview 
of this subchapter said person is receiving workmen's compensation 
benefits on account of a prior accident or disease, said person shall 
not be entitled to any benefits under this subchapter during the period 
covered by such workmen's compensation benefits unless the injury from a 
war-risk hazard increases his disability, and then only to the extent 
such disability has been so increased.

(Dec. 2, 1942, ch. 668, title I, Sec. 105, 56 Stat. 1032; Dec. 23, 1943, 
ch. 380, title I, 57 Stat. 627.)

                          Codification

    In subsecs. (b) and (c), ``section 8147 of title 5'' was substituted 
for ``section 35 of such Act of September 7, 1916, as amended,'' on 
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the 
first section of which enacted Title 5, Government Organization and 
Employees.


                               Amendments

    1943--Subsec. (c). Act Dec. 23, 1943, added second par.


                    Effective Date of 1943 Amendment

    Act Dec. 23, 1943, provided that: ``The amendment in paragraph (a) 
[amending this section] shall become effective as of the effective date 
of title I of such Act of December 2, 1942 [sections 1701 to 1706 of 
this title].''

                          Transfer of Functions

    For transfer of functions to Secretary of Labor, see note set out 
under section 1711 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 50 App. section 2004.
