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5 U.S.C. § 8103 — Medical services and initial medical and other benefits

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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Stable record: federal_law:legal_authorities:record_usc_d85f93a7153f683931293d47
Source file: Laws/federal/codes/united-states-code/title-5/section-8103-medical-services-and-initial-medical-and-other-benefits--e0ec5b92d5.md
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Source location: Title 5, Chapter 81, § 8103; chapter-081-compensation-for-work-injuries.md

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**(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.

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

5 U.S.C. § 8110 — Augmented compensation for dependents

**(a)** For the purpose of this section, “dependent” means— (1) a wife, if— (A) she is a member of the same household as the employee; (B) she is receiving regular contributions from the employee for her support; or (C) the employee has been ordered by a court to contribute to her support; (2) a husband, if— (A) he is a member of the same household as the employee; or (B) he is receiving regular contributions from the employee for his support; or (C) the employee has been ordered by a court to contribute to his support; (3) an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is— (A) under 18 years of age; or (B) over 18 years of age and incapable of self-support because of physical or mental disability; and (4) a parent, while wholly dependent on and supported by the employee. Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by [section 8101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim) at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries. **(b)** A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented— (1) at the rate of 8⅓ percent of his monthly pay if that compensation is payable under section 8105 or 8107(a) of this title; and (2) at the rate of 8⅓ percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under [section 8106(a) of this title](https://uscode.house.gov

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8110

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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. § 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

5 U.S.C. § 8135 — Lump-sum payment

**(a)** The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4 percent true discount compounded annually if— (1) the monthly payment to the beneficiary is less than $50 a month; (2) the beneficiary is or is about to become a nonresident of the United States; or (3) the Secretary of Labor determines that it is for the best interest of the beneficiary. The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months’ compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded. **(b)** On remarriage before reaching age 55 a widow or widower entitled to compensation under [section 8133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133&num=0&edition=prelim), shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation on account of another individual) to which he was entitled immediately before the remarriage.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8135

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

5 U.S.C. § 8131 — Subrogation of the United States

**(a)** If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to— (1) assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or (2) prosecute the action in his own name. An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged. **(b)** A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter. **(c)** The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees’ Compensation Fund the amount of continuation of pay or compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted. **(d)** If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensatio

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8131

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

5 U.S.C. § 8146a — Cost-of-living adjustment of compensation

**(a)** Compensation payable on account of disability or death which occurred more than one year before March 1 of each year shall be annually increased on that date by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. **(b)** The regular periodic compensation payments after adjustment under this section shall be fixed at the nearest dollar. However, the regular periodic compensation after adjustment shall reflect an increase of at least $1. **(c)** This section shall be applicable to persons excluded by section 15 of the Federal Employees’ Compensation Act Amendments of 1966 (Public Law 89–488) under the following statutes: Act of February 15, 1934 (48 Stat. 351); Act of June 26, 1936 (49 Stat. 2035); Act of April 8, 1935 (49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); Public Law 84–955 (August 3, 1956); Public Law 77–784 (December 2, 1942); Public Law 84–879 (August 1, 1956); Public Law 80–896 (July 3, 1948); Act of September 8, 1959 (73 Stat. 469). Benefit payments to these persons shall initially be increased by the total percentage of the increases in the price index from the base month of July 1966, to the next most recent base month following the effective date of this subsection.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8146a

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

5 U.S.C. § 8132 — Adjustment after recovery from a third person

If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to continuation of pay or compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or on his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the United States the amount of continuation of pay or compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees’ Compensation Fund. If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8132

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

5 U.S.C. § 8107 — Compensation schedule

**(a)** If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 66⅔ percent of his monthly pay. The basic compensation is— (1) payable regardless of whether the cause of the disability originates in a part of the body other than that member; (2) payable regardless of whether the disability also involves another impairment of the body; and (3) in addition to compensation for temporary total or temporary partial disability. **(b)** With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by— (1) [section 8105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8105&num=0&edition=prelim) if the disability is total; or (2) [section 8106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8106&num=0&edition=prelim) if the disability is partial. **(c)** The compensation schedule is as follows: (1) Arm lost, 312 weeks’ compensation. (2) Leg lost, 288 weeks’ compensation. (3) Hand lost, 244 weeks’ compensation. (4) Foot lost, 205 weeks’ compensation. (5) Eye lost, 160 weeks’ compensation. (6) Thumb lost, 75 weeks’ compensation. (7) First finger lost, 46 weeks’ compensation. (8) Great toe lost, 38 weeks’ compensation. (9) Second finger lost, 30 weeks’ compensation. (10) Third finger lost, 25 weeks’ compensation. (11) Toe other than great toe lost, 16 weeks’ compensation. (12) Fourth finger lost, 15 weeks’ compensation. (13) Loss of hearing— (A) complete loss of hearing of one ear

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8107

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