
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8101]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8101. Definitions

    For the purpose of this subchapter--
        (1) ``employee'' means--
            (A) a civil officer or employee in any branch of the 
        Government of the United States, including an officer or 
        employee of an instrumentality wholly owned by the United 
        States;
            (B) an individual rendering personal service to the United 
        States similar to the service of a civil officer or employee of 
        the United States, without pay or for nominal pay, when a 
        statute authorizes the acceptance or use of the service, or 
        authorizes payment of travel or other expenses of the 
        individual;
            (C) an individual, other than an independent contractor or 
        an individual employed by an independent contractor, employed on 
        the Menominee Indian Reservation in Wisconsin in operations 
        conducted under a statute relating to tribal timber and logging 
        operations on that reservation;
            (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 of the 
        Public Health Service;
            (ii) a commissioned officer of the Reserve Corps of the 
        Public Health Service on active duty;
            (iii) a commissioned officer of the Environmental Science 
        Services Administration; or
            (iv) a member of the Metropolitan Police or the Fire 
        Department of the District of Columbia who is pensioned or 
        pensionable under sections 521-535 of title 4, District of 
        Columbia Code; and
            (F) \1\ an individual selected pursuant to chapter 121 of 
        title 28, United States Code, and serving as a petit or grand 
        juror;
---------------------------------------------------------------------------
    \1\ So in original. Pub. L. 93-416 added par. (F) immediately after 
par. (iv), rather than after par. (E).

        (2) ``physician'' includes surgeons, podiatrists, dentists, 
    clinical psychologists, optometrists, chiropractors, and osteopathic 
    practitioners within the scope of their practice as defined by State 
    law. The term ``physician'' includes chiropractors only to the 
    extent that their reimbursable services are limited to treatment 
    consisting of manual manipulation of the spine to correct a 
    subluxation as demonstrated by X-ray to exist, and subject to 
    regulation by the Secretary;
        (3) ``medical, surgical, and hospital services and supplies'' 
    includes services and supplies by podiatrists, dentists, clinical 
    psychologists, optometrists, chiropractors, osteopathic 
    practitioners and hospitals within the scope of their practice as 
    defined by State law. Reimbursable chiropractic services are limited 
    to treatment consisting of manual manipulation of the spine to 
    correct a subluxation as demonstrated by X-ray to exist, and subject 
    to regulation by the Secretary;
        (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;
        (5) ``injury'' includes, in addition to injury by accident, a 
    disease proximately caused by the employment, and damage to or 
    destruction of medical braces, artificial limbs, and other 
    prosthetic devices which shall be replaced or repaired, and such 
    time lost while such device or appliance is being replaced or 
    repaired; except that eyeglasses and hearing aids would not be 
    replaced, repaired, or otherwise compensated for, unless the damages 
    or destruction is incident to a personal injury requiring medical 
    services;
        (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;
        (7) ``parent'' includes stepparents and parents by adoption;
        (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;
        (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;
        (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;
        (11) ``widower'' means the husband living with or dependent for 
    support on the decedent at the time of her death, or living apart 
    for reasonable cause or because of her desertion;
        (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;
        (13) ``war-risk hazard'' means a hazard arising during a war in 
    which the United States is engaged; during an armed conflict in 
    which the United States is engaged, whether or not war has been 
    declared; or during a war or armed conflict between military forces 
    of any origin, occurring in the country in which an individual to 
    whom this subchapter applies is serving; from--
            (A) the discharge of a missile, including liquids and gas, 
        or the use of a weapon, explosive, or other noxious thing by a 
        hostile force or individual or in combating an attack or an 
        imagined attack by a hostile force or individual;
            (B) action of a hostile force or individual, including 
        rebellion or insurrection against the United States or any of 
        its allies;
            (C) the discharge or explosion of munitions 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 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 zone of 
        hostilities or engaged in war activities;

        (14) ``hostile force or individual'' means a nation, a subject 
    of a foreign nation, or an individual serving a foreign nation--
            (A) engaged in a war against the United States or any of its 
        allies;
            (B) engaged in armed conflict, whether or not war has been 
        declared, against the United States or any of its allies; or
            (C) engaged in a war or armed conflict between military 
        forces of any origin in a country in which an individual to whom 
        this subchapter applies is serving;

        (15) ``allies'' means any nation with which the 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 relating to 
    military operations;
        (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-recognized 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 or 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;
        (18) ``price index'' means the Consumer Price Index (all items--
    United States city average) published monthly by the Bureau of Labor 
    Statistics; and
        (19) ``organ'' means a part of the body that performs a special 
    function, and for purposes of this subchapter excludes the brain, 
    heart, and back; and
        (20) ``United States medical officers and hospitals'' includes 
    medical officers and hospitals of the Army, Navy, Air Force, 
    Department of Veterans Affairs, and United States Public Health 
    Service, and any other medical officer or hospital designated as a 
    United States medical officer or hospital by the Secretary of Labor.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 532; Pub. L. 90-83, Sec. 1(4), 
(48), Sept. 11, 1967, 81 Stat. 196, 209; Pub. L. 93-416, Sec. 1, Sept. 
7, 1974, 88 Stat. 1143; Pub. L. 96-499, title IV, Sec. 421(b), Dec. 5, 
1980, 94 Stat. 2608; Pub. L. 97-463, Sec. 4, Jan. 12, 1983, 96 Stat. 
2532; Pub. L. 102-54, Sec. 13(b)(1), June 13, 1991, 105 Stat. 274.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(1)-(5), (12)-(16).  5 U.S.C. 790.                 Sept. 7, 1916, ch.
                                                    458, Sec.  40, 39
                                                    Stat. 750.
                                                   June 5, 1924, ch.
                                                    261, Sec.  2, 43
                                                    Stat. 389.
                     ............................  May 31, 1938, ch.
                                                    293, 52 Stat. 586.
                     ............................  Apr. 11, 1940, ch.
                                                    79, Sec.  1, 54
                                                    Stat. 105.
                     ............................  July 1, 1944, ch.
                                                    373, Sec.  605(b),
                                                    58 Stat. 712.
                     ............................  Aug. 13, 1946, ch.
                                                    958, Sec.  5, 60
                                                    Stat. 1049.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  108, 63
                                                    Stat. 860.
                     ............................  July 30, 1956, ch.
                                                    779, Sec.  3(b), 70
                                                    Stat. 721.
                     ............................  Aug. 1, 1956, ch.
                                                    837, Sec.  501(e),
                                                    70 Stat. 883.
                     ............................  Aug. 8, 1958, Pub. L.
                                                    85-608, Sec.  302,
                                                    72 Stat. 539.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    208, 74 Stat. 908.
                     ............................  Sept. 4, 1964, Pub.
                                                    L. 88-581, Sec.
                                                    4(b), 78 Stat. 919.
                     5 U.S.C. 794 (1st sentence).  July 11, 1919, ch. 7,
                                                    Sec.  11 (1st
                                                    sentence), 41 Stat.
                                                    104.
                     [Uncodified].                 Aug. 25, 1958, Pub.
                                                    L. 85-745, Sec.
                                                    1(b) (last sentence,
                                                    as applicable to the
                                                    Federal Employees'
                                                    Compensation Act),
                                                    72 Stat. 838.
(6)-(10)...........  5 U.S.C. 760(H).              Sept. 7, 1916, ch.
                                                    458, Sec.  10(H), 39
                                                    Stat. 745.
                     ............................  Feb. 12, 1927, ch.
                                                    110, Sec.  2, 44
                                                    Stat. 1087.
(11)...............  5 U.S.C. 760(B) (last 23      Sept. 7, 1916, ch.
                      words of 1st sentence).       458, Sec.  10(B)
                                                    (last 15 words of
                                                    1st sentence), 39
                                                    Stat. 744.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  106(c)
                                                    ``(B) (last 23 words
                                                    of 1st sentence)'',
                                                    63 Stat. 859.
------------------------------------------------------------------------

    Former section 790(a) is omitted as unnecessary in view of section 1 
of title 1, United States Code.
    Former section 790(c) is omitted as unnecessary as the term 
``commission'' is not used in this subchapter.
    Former section 790(i) is omitted as unnecessary as the title 
``Secretary of Labor'' (substituted for ``Federal Security 
Administrator'' by 1950 Reorg. Plan No. 19, Sec. 1, eff. May 24, 1950, 
64 Stat. 1271) is fully set out the first time it is used in each 
section.
    In paragraph (1)(B), the words ``to the United States'' are 
substituted for ``to any department, independent establishment, or 
agency thereof (including instrumentalities of the United States wholly 
owned by it)''.
    In paragraph (1)(C), the words ``subsequent to September 7, 1916'' 
are omitted as obsolete.
    In paragraph (1)(iv), the words ``under sections 521-535 of title 4, 
District of Columbia Code'' are substituted for ``under the provisions 
of the District of Columbia Appropriation Act approved September 1, 
1916''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5        Source (U.S.Code)               Large)
------------------------------------------------------------------------
8101(17)...........  5 App.: 760(M).               July 4, 1966, Pub. L.
8101(18)...........  5 App.: 793a(c)(1).            89-488, Secs.  7(c),
8101(19)...........  5 App.: 793a(c)(2).            14 ``Sec. 43(c)'',
                                                    80 Stat. 254, 256.
------------------------------------------------------------------------

    Paragraph (17) is reorganized and restated for clarity and to 
conform to the style of title 5, United States Code. In clause (D), the 
words ``Secretary of Labor'' are substituted for ``Secretary'' on 
authority of section 40(i) of the Federal Employees' Compensation Act.
    In paragraph (19), the words ``July 1966 and each later month'' are 
substituted for ``the month this section becomes effective and each 
month thereafter''. The words ``section 8146a of this title'' are 
substituted for ``this section'' to reflect the codification of section 
43 in title 5.

                       References in Text

    Act of August 25, 1958, 72 Stat. 838, referred to in par. (1)(E), is 
set out as a note under section 102 of Title 3, The President.


                               Amendments

    1991--Par. (20). Pub. L. 102-54 substituted ``Department of Veterans 
Affairs'' for ``Veterans' Administration''.
    1983--Par. (1)(F). Pub. L. 97-463 struck out ``and who is otherwise 
an employee for the purposes of this subchapter as defined by paragraph 
(A), (B), (C), (D), and (E) of this subsection'' after ``petit or grand 
juror''.
    1980--Pars. (19) to (21). Pub. L. 96-499 struck out par. (19) which 
defined ``base month'' as the month of July 1966 and each later month 
which was used as a basis for calculating an increase under section 
8146a of this title, and redesignated pars. (20) and (21) as (19) and 
(20), respectively.
    1974--Par. (1)(D). Pub. L. 93-416, Sec. 1(g), struck out ``and'' 
after the semicolon.
    Par. (1)(F). Pub. L. 93-416, Sec. 1(a), added par. (1)(F).
    Par. (2). Pub. L. 93-416, Sec. 1(b), expanded definition of 
``physician'' to include podiatrists, dentists, clinical psychologists, 
optometrists, and chiropractors and inserted provision limiting the 
extent to which chiropractors are included.
    Par. (3). Pub. L. 93-416, Sec. 1(c), included within ``medical, 
surgical, and hospital services and supplies'' those supplied by 
podiatrists, dentists, clinical psychologists, optometrists, and 
chiropractors and limited the reimbursable services of chiropractors.
    Par. (5). Pub. L. 93-416, Sec. 1(d), added to definition of 
``injury'' damage to or destruction of medical braces, artificial limbs, 
and other prosthetic devices and excepted eyeglasses and hearing aids 
unless damage or destruction is incidental to a personal injury 
requiring medical services.
    Par. (11). Pub. L. 93-416, Sec. 1(e), substituted ``the husband 
living with or dependent for support on the decedent at the time of her 
death, or living apart for reasonable cause because of her desertion'' 
for ``one who, because of physical or mental disability, was wholly 
dependent for support on the employee at the time of her death'' as 
definition of ``widower''.
    Pars. (20), (21). Pub. L. 93-416, Sec. 1(f), added pars. (20) and 
(21).
    1967--Par. (1)(iii). Pub. L. 90-83, Sec. 1(4), substituted 
``Environmental Science Services Administration'' for ``Coast and 
Geodetic Survey''. See Historical and Revision Notes under section 2101 
of this title.


                    Effective Date of 1980 Amendment

    Section 422 of Pub. L. 96-499 provided that: ``The amendments made 
by section 421 [amending this section and section 8146a of this title] 
shall take effect on the date of the enactment of this Act [Dec. 5, 
1980] with respect to any adjustments which are to be made on or after 
that date; except that the period specified in such section as extending 
from December to December shall, with respect to the adjustment to be 
made on March 1, 1981, extend instead from the last month in which the 
price index resulted in an adjustment prior to enactment to December of 
1980.''


                    Effective Date of 1974 Amendment

    Section 28(a) of Pub. L. 93-416 provided that: ``Except as otherwise 
provided by this section this Act [enacting section 8151 of this title, 
amending this section and sections 8103, 8104, 8107, 8110, 8111, 8113, 
8116, 8117, 8118, 8119, 8121, 8122, 8132, 8135, 8142, 8143, 8146a of 
this title, repealing section 3315a of this title, and enacting 
provisions set out as notes under this section and section 8116 of this 
title] shall take effect on the date of enactment [Sept. 7, 1974] and be 
applicable to any injury or death occurring on or after such effective 
date [Sept. 7, 1974]. The amendments made by sections 1(b) and (c) 
[amending this section], 2 [amending section 8103 of this title], 3 
[amending section 8104 of this title], 7(a) and (b) [amending section 
8111 of this title], 8(a) [amending section 8113 of this title], 8(b) 
[amending section 8143 of this title], 9 [amending section 8116 of this 
title], 16(a) [amending section 8133 of this title], 16(b) [amending 
section 8135 of this title], 17 [amending section 8133 of this title], 
19 [amending section 8135 of this title], 20 [amending section 8135 of 
this title], 21 [amending section 8146a of this title], 22 [enacting 
section 8151 of this title], 24 [amending section 8146a of this title], 
and 25 [amending section 8147 of this title], shall be applicable to 
cases where the injury or death occurred prior to the date of enactment 
[Sept. 7, 1974] but the provisions of these sections shall be applicable 
only to a period beginning on or after the date of enactment [Sept. 7, 
1974].''


                      Short Title of 1990 Amendment

    Pub. L. 101-534, Sec. 1, Nov. 7, 1990, 104 Stat. 2352, provided 
that: ``This Act [amending section 8111 of this title and enacting 
provisions set out as a note under section 8111 of this title] may be 
cited as the `Attendant Allowance Adjustment Act'.''

                          Transfer of Functions

    Environmental Science Services Administration in Department of 
Commerce, including offices of Administrator and Deputy Administrator 
thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 
F.R. 15627, 84 Stat. 2090, set out in the Appendix to this title, which 
created National Oceanic and Atmospheric Administration in Department of 
Commerce and transferred personnel, property, records, and unexpended 
balances of funds of Environmental Science Services Administration to 
such newly created National Oceanic and Atmospheric Administration. 
Components of Environmental Science Services Administration thus 
transferred included Weather Bureau [now National Weather Service], 
Coast and Geodetic Survey [now National Ocean Survey], Environmental 
Data Services, National Environmental Satellite Center, and ESSA 
Research Laboratories.
    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees of Public Health Service, 
and functions of all agencies of or in Public Health Service, 
transferred to Secretary of Health, Education, and Welfare by 1966 
Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, 
set out in the Appendix to this title. Secretary of Health, Education, 
and Welfare redesignated Secretary of Health and Human Services by 
section 3508 of Title 20, Education.


      Processing of Claims Filed by District of Columbia Employees

    Pub. L. 93-198, title II, Sec. 204(e), Dec. 24, 1973, 87 Stat. 783, 
provided that: ``All functions of the Secretary under chapter 81 of 
title 5 of the United States Code, with respect to the processing of 
claims filed by employees of the government of the District for 
compensation for work injuries, are transferred to and shall be 
exercised by the Commissioner, effective the day after the day on which 
the District establishes an independent personnel system or systems.'' 
An independent personnel system was established for the District by D.C. 
Law 2-139, Mar. 3, 1979, 25 DCR 5740.


  Study and Report to Congress by Secretary of Labor of Provisions and 
                        Programs Under Subchapter

    Section 27 of Pub. L. 93-416 directed Secretary of Labor to conduct 
a study of the provisions of this subchapter and its programs which was 
to include: hearings, research, and other activities necessary to 
formulate recommendations; an examination of need for authority to 
increase allowances for services of attendants above the maximum fixed 
by section 8111 of this title in exceptional circumstances; an 
examination of the effectiveness of this subchapter; and recommendations 
as to survivor benefits; report results of the study together with his 
findings and recommendations not later than 12 months after Sept. 7, 
1974.

                  Section Referred to in Other Sections

    This section is referred to in sections 3373, 3374, 7902, 8110, 
8118, 8133, 8191, 8192 of this title; title 16 sections 1a-6, 18i, 558c, 
670c, 742f, 773a, 4604; title 20 section 76l; title 22 section 3973; 
title 29 section 2897; title 30 section 902; title 42 sections 3796b, 
5055, 12620, 12651g, 12655n.
