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5 U.S.C. § 8104 — Vocational rehabilitation

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

5 U.S.C. § 8104 — Vocational rehabilitation

**(a)** The Secretary of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Secretary of Health, Education, and Welfare in carrying out the purposes of chapter 4 of title 29, except to the extent that the Secretary of Labor provides for furnishing these services under [section 8103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8103&num=0&edition=prelim). The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees’ Compensation Fund. However, in reimbursing a State or corresponding agency under an arrangement pursuant to this section the cost to the agency reimbursable in full under [section 32(b)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section32/b/1&num=0&edition=prelim) is excluded. **(b)** Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive compensation at the rate provided in sections 8105 and 8110 of this title, less the amount of any earnings received from remunerative employment, other than employment undertaken pursuant to such rehabilitation.

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Source location: Title 5, Chapter 81, § 8104; chapter-081-compensation-for-work-injuries.md

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

5 U.S.C. § 8101 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States; (B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual; (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation; (D) an individual employed by the government of the District of Columbia; (E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and (G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; but does not include— (i) a commissioned officer of the Regular Corps of the Public Health Service; (ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty; (iii) a commissioned officer of the Environmental Science Services Administration; or (iv) a member of the Metropolitan Police or the Fire D

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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

20 U.S.C. § 3441 — Transfers from Department of Health, Education, and Welfare

**(a) Functions transferred to Secretary** There are transferred to the Secretary— (1) all functions of the Assistant Secretary for Education and of the Commissioner of Education of the Department of Health, Education, and Welfare, and all functions of the Office of such Assistant Secretary and of the Education Division of the Department of Health, Education, and Welfare and of any officer or component of such Office or Division; (2) all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under— (A) the General Education Provisions Act [[20 U.S.C. 1221](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1221&num=0&edition=prelim) et seq.]; (B) the Elementary and Secondary Education Act of 1965; (C) the Higher Education Act of 1965 [[20 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) et seq.]; (D) the Education Amendments of 1978; (E) the Act of August 30, 1890 ([7 U.S.C. 321–328](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section321–328&num=0&edition=prelim)); (F) the National Defense Education Act of 1958; (G) the International Education Act of 1966; (H) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.]; (I) part B of title V of the Economic Opportunity Act of 1964 [[42 U.S.C. 2929](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2929&num=0&edition=prelim) et seq.]; (J) the National Commission on Libraries and Information Science Act; (K) the Vocational Education Act of 1963; (L) the Career Educatio

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

5 U.S.C. § 8111 — Additional compensation for services of attendants or vocational rehabilitation

**(a)** The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $1,500 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require constant attendance. **(b)** The Secretary may pay an individual undergoing vocational rehabilitation under [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8104&num=0&edition=prelim) additional compensation necessary for his maintenance, but not to exceed $200 a month.

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

5 U.S.C. § 8113 — Increase or decrease of basic compensation

**(a)** If an individual— (1) was a minor or employed in a learner’s capacity at the time of injury; and (2) was not physically or mentally handicapped before the injury; the Secretary of Labor, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity. **(b)** If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8104&num=0&edition=prelim), the Secretary, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.

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

5 U.S.C. § 8104 — Vocational rehabilitation

Page 933 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8104 proved by the Secretary, shall be paid from the Employees’ Compensation Fund. (b) The Secretary, under such limitations or conditions as he considers necessary, may au- thorize the employing agencies to provide for the initial furnishing of medical and other bene- fits under this section. The Secretary may cer- tify vouchers for these expenses out of the Em- ployees’ Compensation Fund when the imme- diate 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 con- tent of the certificate. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 90–83, § 1(49), Sept. 11, 1967, 81 Stat. 209; Pub. L. 93–416, § 2, Sept. 7, 1974, 88 Stat. 1144.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 759(a). Sept. 7, 1916, ch. 458, § 9, 39 Stat. 743. June 26, 1926, ch. 695, § 1, 44 Stat. 772. Oct. 14, 1949, ch. 691, § 202(b), 63 Stat. 862. Sept. 13, 1960, Pub. L. 86–767, § 203, 74 Stat. 907. In subsection (b), the words ‘‘when the immediate su- perior 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 defi- nitions applicable and the style of this title as outlined in the preface to the report.

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