
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: 5USC8103]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8103. Medical services and initial medical and other 
        benefits
        
    (a) The United States shall furnish to an employee who is injured 
while in the performance of duty, the services, appliances, and supplies 
prescribed or recommended by a qualified physician, which the Secretary 
of Labor considers likely to cure, give relief, reduce the degree or the 
period of disability, or aid in lessening the amount of the monthly 
compensation. These services, appliances, and supplies shall be 
furnished--
        (1) whether or not disability has arisen;
        (2) notwithstanding that the employee has accepted or is 
    entitled to receive benefits under subchapter III of chapter 83 of 
    this title or another retirement system for employees of the 
    Government; and
        (3) by or on the order of United States medical officers and 
    hospitals, or, at the employee's option, by or on the order of 
    physicians and hospitals designated or approved by the Secretary.

The employee may initially select a physician to provide medical 
services, appliances, and supplies, in accordance with such regulations 
and instructions as the Secretary considers necessary, and may be 
furnished necessary and reasonable transportation and expenses incident 
to the securing of such services, appliances, and supplies. These 
expenses, when authorized or approved by the Secretary, shall be paid 
from the Employees' Compensation Fund.
    (b) The Secretary, under such limitations or conditions as he 
considers necessary, may authorize the employing agencies to provide for 
the initial furnishing of medical and other benefits under this section. 
The Secretary may certify vouchers for these expenses out of the 
Employees' Compensation Fund when the immediate superior of the employee 
certifies that the expense was incurred in respect to an injury which 
was accepted by the employing agency as probably compensable under this 
subchapter. The Secretary shall prescribe the form and content of the 
certificate.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 90-83, Sec. 1(49), 
Sept. 11, 1967, 81 Stat. 209; Pub. L. 93-416, Sec. 2, Sept. 7, 1974, 88 
Stat. 1144.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 759(a).              Sept. 7, 1916, ch.
                                                    458, Sec.  9, 39
                                                    Stat. 743.
                     ............................  June 26, 1926, ch.
                                                    695, Sec.  1, 44
                                                    Stat. 772.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  202(b),
                                                    63 Stat. 862.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    203, 74 Stat. 907.
------------------------------------------------------------------------

    In subsection (b), the words ``when the immediate superior of the 
employee certifies'' are substituted for ``upon certification by the 
person required by section 774 of this title to make reports of 
injury''.
    The last sentence of former section 759(a) is omitted as executed.
    Administration of this subchapter was transferred to the Secretary 
of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see 
section 8145).
    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)
------------------------------------------------------------------------
8103(a)(2).........  5 App.: 759(a).               July 4, 1966, Pub. L.
                                                    89-488, Sec.  5(b),
                                                    80 Stat. 253.
------------------------------------------------------------------------

    The words ``another retirement system for employees of the 
Government'' are substituted for ``any other Federal Act or program 
providing retirement benefits for employees''.


                               Amendments

    1974--Subsec. (a). Pub. L. 93-416 substituted ``at the employee's 
option'' for ``when this is not practicable'', struck out ``private'' 
before ``physicians and hospitals'' in par. (3), and, in provision 
following par. (3), added authorization for the employee to initially 
select a physician in accordance with such regulations and instructions 
considered necessary by the Secretary.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-416 applicable to cases where injury or 
death occurred prior to Sept. 7, 1974, but only to a period beginning on 
or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set out as 
a note under section 8101 of this title.


                 Personnel Not Affected by 1967 Increase

    Section 7 of Pub. L. 90-83 provided that: ``Nothing in this or any 
other Act makes the increases authorized by section 1(49)--(52) 
[amending this section and sections 8107, 8108, and 8109 of this title], 
53(B) and (C) [amending section 8110 of this title], (54)--(58) 
[amending section 8111, 8112, 8116, 8122, and 8124 of this title], (60) 
[amending section 8131 of this title], (61) [amending section 8132 of 
this title], (62) (B) [amending section 8133(e) of this title], (63) 
[amending section 8135 of this title], (67) [adding section 8146a of 
this title], (68) [amending section 8147 of this title], and (71) 
[amending section 8149 of this title] of this Act applicable to--
        ``(1) an employee or individual not within the definition of 
    `employee' in section 8101(1)(A), (B), or (D) of title 5, United 
    States Code;
        ``(2) 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; or
        ``(3) a member of a uniformed service.''

                  Section Referred to in Other Sections

    This section is referred to in sections 8104, 8117, 8146 of this 
title.
