
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: 5USC8124]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8124. Findings and award; hearings

    (a) The Secretary of Labor shall determine and make a finding of 
facts and make an award for or against payment of compensation under 
this subchapter after--
        (1) considering the claim presented by the beneficiary and the 
    report furnished by the immediate superior; and
        (2) completing such investigation as he considers necessary.

    (b)(1) Before review under section 8128(a) of this title, a claimant 
for compensation not satisfied with a decision of the Secretary under 
subsection (a) of this section is entitled, on request made within 30 
days after the date of the issuance of the decision, to a hearing on his 
claim before a representative of the Secretary. At the hearing, the 
claimant is entitled to present evidence in further support of his 
claim. Within 30 days after the hearing ends, the Secretary shall notify 
the claimant in writing of his further decision and any modifications of 
the award he may make and of the basis of his decision.
    (2) In conducting the hearing, the representative of the Secretary 
is not bound by common law or statutory rules of evidence, by technical 
or formal rules of procedure, or by section 554 of this title except as 
provided by this subchapter, but may conduct the hearing in such manner 
as to best ascertain the rights of the claimant. For this purpose, he 
shall receive such relevant evidence as the claimant adduces and such 
other evidence as he determines necessary or useful in evaluating the 
claim.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545; Pub. L. 90-83, Sec. 1(58), 
Sept. 11, 1967, 81 Stat. 210.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 786.                 Sept. 7, 1916, ch.
                                                    458, Sec.  36, 39
                                                    Stat. 749.
------------------------------------------------------------------------

    The last sentence of former section 786 is omitted as surplusage 
because it is covered by section 8147.
    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)
------------------------------------------------------------------------
8124(b)............  5 App.: 786(b).               July 4, 1966, Pub. L.
                                                    89-488, Sec.  11(b),
                                                    80 Stat. 255.
------------------------------------------------------------------------

    In subsection (b)(1), the words ``section 8128(a) of this title'' 
are substituted for ``section 37'' to reflect the codification of 
section 37 in title 5, United States Code. The words ``a claimant * * * 
is entitled * * * to a hearing'' are substituted for ``any claimant * * 
* shall * * * be afforded an opportunity for a hearing''. The words 
``under subsection (a) of this section'' are substituted for ``under 
this section'' for clarity. In the second sentence, the words ``is 
entitled to present evidence'' are substituted for ``shall be afforded 
an opportunity to present evidence''.
    In subsection (b)(2), the words ``section 554 of this title * * * 
this subchapter'' are substituted for ``section 5 of the Administrative 
Procedure Act * * * this Act'' to reflect the codification of the cited 
section and act in title 5. In the second sentence, the words ``shall, 
in addition, receive'' are omitted as unnecessary.


                 Personnel Not Affected by 1967 Increase

    Increases authorized under amendment by section 1(58) of Pub. L. 90-
83 not applicable to specified personnel, see section 7 of Pub. L. 90-
83, set out as a note under section 8103 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 8149 of this title.
