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42 U.S.C. § 1705 — Receipt of workmen’s compensation benefits

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1705 — Receipt of workmen’s compensation benefits

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Stable record: federal_law:legal_authorities:record_usc_9d61a2142e8a22596aeabcb5
Source file: Laws/federal/codes/united-states-code/title-42/section-1705-receipt-of-workmens-compensation-benefits--bf488f55d4.md
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Source location: Title 42, Chapter 12, § 1705; chapter-012-compensation-for-injury-death-or-detention-of-employees-of-contractors-with-united-states-outside-united-states.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8147&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1701/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1701/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8147&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8147 — Employees’ Compensation Fund

**(a)** There is in the Treasury of the United States the Employees’ Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, “administrative expenses” does not include expenses for legal services performed by or for the Secretary under sections 8131 and 8132 of this title. **(b)** Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees’ Compensation Fund during the preceding July 1 through June 30 expense period on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not depen

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8147

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1711 — Definitions

When used in this chapter— **(a)** The term “Secretary” means the Secretary of Labor. **(b)** The term “war-risk hazard” means any 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 within any country in which a person covered by this chapter is serving; from— (1) the discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by a hostile force or person or in combating an attack or an imagined attack by a hostile force or person; or (2) action of a hostile force or person, including rebellion or insurrection against the United States or any of its Allies; or (3) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or person as defined herein (except with respect to employees of a manufacturer, processor, or transporter of munitions during the manufacture, processing, or transporting thereof, or while stored on the premises of the manufacturer, processor, or transporter); or (4) the collision of vessels in convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or (5) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities. **(c)** The term “hostile force or person” means any nation, any subject of a foreign nation, or any other person serving a foreign nation (1) engaged in a war against the United States or any of its allies, (2) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1711

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4104 — Internees

**(a) “Civilian American citizen” defined** As used in subsections (b) and (f) of this section, the term “civilian American citizen” means any person who, being then a citizen of the United States, was captured by the Imperial Japanese Government on or after December 7, 1941, at Midway, Guam, Wake Island, the Philippine Islands, or any Territory or possession of the United States attacked or invaded by such government, or while in transit to or from any such place, or who went into hiding at any such place in order to avoid capture or internment by such government; except (1) a person who at any time voluntarily gave aid to, collaborated with, or in any manner served such government, or (2) a person who at the time of his capture or entrance into hiding was a regularly appointed, enrolled, enlisted, or inducted member of any military or naval force. **(b) Payment of detention benefits** The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to December 6, 1941, during which he was held by the Imperial Japanese Government as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid being captured or interned by such Imperial Japanese Government. **(c) Amount of detention benefits** The detention benefit allowed to any person under the provisions of subsection (b) shall be at the rate of $60 for each calendar month during which such person was at least eighteen years of age and at the rate of $25 per month for each calendar month during which such person was less than eighteen years of age. **(d) Persons entitled to detention benefits** The detention benefits allowed under

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4104

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1705 — Receipt of workmen’s compensation bene-

Page 4874 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1705 such regulations as he shall prescribe, use any private facilities, or such Government facilities as may be available, for the treatment or care of any person entitled thereto. (b) Charging of premiums as prohibiting reim- bursement No reimbursement shall be made under this subchapter in any case in which the Secretary finds that the benefits paid or payable were on account of injury, detention, or death which arose from a war-risk hazard for which a pre- mium (which included an additional charge or loading for such hazard) was charged. (c) Injury or death occurring within any State The provisions of this section shall not apply with respect to benefits on account of any injury or death occurring within any State. (Dec. 2, 1942, ch. 668, title I, § 104, 56 Stat. 1031; Pub. L. 85–608, title I, § 104, Aug. 8, 1958, 72 Stat. 537; Pub. L. 86–70, § 42(b), June 25, 1959, 73 Stat. 151.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 8147 of title 5’’ substituted for ‘‘section 35 of such Act of September 7, 1916, as amend- ed’’, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1959—Subsec. (c). Pub. L. 86–70 added subsec. (c). 1958–Subsec. (a)(3). Pub. L. 85–608 substituted ‘‘a hos- tile force or person’’ for ‘‘the enemy’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–70 effective June 25, 1959, see section 47(g) of Pub. L. 86–70, set out as a note under section 1651 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–608 effective June 30, 1958, see section 402 of Pub. L. 85–608, set out as a note

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1705

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