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5 U.S.C. § 8124 — Findings and award; hearings

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

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) 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.

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Source file: Laws/federal/codes/united-states-code/title-5/section-8124-findings-and-award-hearings--c2683c5001.md
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Source location: Title 5, Chapter 81, § 8124; chapter-081-compensation-for-work-injuries.md

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

5 U.S.C. § 554 — Adjudications

**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved— (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim); (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. **(b)** Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. **(c)** The agency shall give all interested parties opportunity for— (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and (2) to the extent that the parties are unable so to determine a controversy by consent, heari

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

5 U.S.C. § 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 u

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

5 U.S.C. § 8149 — Regulations

The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under [section 8124 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8124&num=0&edition=prelim). The rules and regulations shall provide for an Employees’ Compensation Appeals Board of three individuals designated or appointed by the Secretary with authority to hear and, subject to applicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with respect to claims of employees. In adjudicating claims under [section 8146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8146&num=0&edition=prelim), the Secretary may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death for which claim is made.

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

5 U.S.C. § 8124 — Findings and award; hearings

Page 945 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8124 agreement between the physician making the examination for the United States and the phy- sician of the employee, the Secretary shall ap- point a third physician who shall make an ex- amination. (b) An employee is entitled to be paid expenses incident to an examination required by the Sec- retary which in the opinion of the Secretary are necessary and reasonable, including transpor- tation and loss of wages incurred in order to be examined. The expenses, when authorized or ap- proved by the Secretary, are paid from the Em- ployees’ Compensation Fund. (c) The Secretary shall fix the fees for exami- nations held under this section by physicians not employed by or under contract to the United States to furnish medical services to employees. The fees, when authorized or approved by the Secretary, are paid from the Employees’ Com- pensation Fund. (d) If an employee refuses to submit to or ob- structs an examination, his right to compensa- tion under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or ob- struction is deducted from the period for which compensation is payable to the employee. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 544.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 771. Sept. 7, 1916, ch. 458, § 21, 39 Stat. 747. June 26, 1926, ch. 695, § 2, 44 Stat. 772. .................. 5 U.S.C. 772. Sept. 7, 1916, ch. 458, § 22, 39 Stat. 747. .................. 5 U.S.C. 773(a). Sept. 7, 1916, ch. 458, § 23, 39 Stat. 747. June 26, 1926, ch. 695, § 3, 44 Stat. 772. Oct. 14, 1949, ch. 691,

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