
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: 5USC8102]

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

    (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 areas and installations 
in the Republic of Panama made available to the United States pursuant 
to the Panama Canal Treaty of 1977 and related agreements (as described 
in section 3(a) of the Panama Canal Act of 1979), 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 hostile force or individual. This subsection 
does not apply to an individual--
        (1) whose residence is at or in the vicinity of the place of his 
    employment and who was not living there solely because of the 
    exigencies of his employment, unless he was injured or taken while 
    engaged in the course of his employment; or
        (2) who is a prisoner of war or a protected individual under the 
    Geneva Conventions of 1949 and is detained or utilized by the United 
    States.

This subsection does not affect the payment of compensation under this 
subchapter derived otherwise than under this subsection, but 
compensation for disability or death does not accrue for a period for 
which pay, other benefit, or gratuity from the United States accrues to 
the disabled individual or his dependents on account of detention by the 
enemy or because of the same disability or death, unless that pay, 
benefit, or gratuity is refunded or renounced.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 534; Pub. L. 96-70, title I, 
Sec. 1231(d), Sept. 27, 1979, 93 Stat. 470.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 751.                 Sept. 7, 1916, ch.
                                                    458, Sec.  1, 39
                                                    Stat. 742.
                                                   Aug. 8, 1958, Pub. L.
                                                    85-608, Sec.  301,
                                                    72 Stat. 538.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. 
(b), is classified to section 3602(a) of Title 22, Foreign Relations and 
Intercourse.


                               Amendments

    1979--Subsec. (b). Pub. L. 96-70 substituted ``areas and 
installations in the Republic of Panama made available to the United 
States pursuant to the Panama Canal Treaty of 1977 and related 
agreements (as described in section 3(a) of the Panama Canal Act of 
1979)'' for ``Canal Zone''.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 3691.
