42 U.S.C. § 1704 — Reimbursement

Page 4873 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1704 provided for in the original enactment of this chapter. (b) For the purpose of computing compensa- tion with respect to cases coming within the purview of section 1701 of this title, the provi- sions of sections 906 and 910 of title 33 shall be applicable: Provided, That the minimum limit on weekly compensation for disability, established by section 906(b) of title 33, and the minimum limit on the average weekly wages on which death benefits are to be computed, established by section 909(e) of title 33, shall not apply in computing compensation under this subchapter. (Dec. 2, 1942, ch. 668, title I, § 102, 56 Stat. 1031; July 3, 1948, ch. 826, § 4(c), 62 Stat. 1242; Pub. L. 85–608, title I, § 102, Aug. 8, 1958, 72 Stat. 536; Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.) Editorial Notes REFERENCES IN TEXT The Longshore and Harbor Workers’ Compensation Act, referred to in section catchline, is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Nav- igable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables. Subsection (m) of section 914 of title 33, referred to in subsec. (a), was repealed by Pub. L. 92–576, § 5(e), Oct. 27, 1972, 86 Stat. 1254. CODIFICATION ‘‘Subchapter I of chapter 81 of title 5’’ substituted for references to Act of September 7, 1916, as amended, known as the Federal Employees’ Compensation Act, 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 1984—Pub. L. 98–426 substituted ‘‘Longshore and Har- bor Workers’ Compensation Act’’ for ‘‘Longshoremen’s and Harbor Workers’ Compensation Act’’ wherever ap- pearing. 1958—Subsec. (a). Pub. L. 85–608 struck out proviso that required any amendment to the Longshoremen’s and Harbor Workers’ Compensation Act which in- creased the amount of benefits payable for injury or death to be applied in the administration of this sec- tion as if the amendment had been in effect at the time of the particular injury or death. 1948—Subsec. (a). Act July 3, 1948, inserted all text in proviso beginning ‘‘as fixed in section 914(m) of title 33’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters. 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 under section 1651 of this title. BENEFITS ADJUDICATED PRIOR TO AUGUST 8, 1958 Pub. L. 85–608, title I, § 102, Aug. 8, 1958, 72 Stat. 536, provided that the amendment made by that section shall not affect benefits adjudicated thereunder prior to Aug. 8, 1958. § 1703. ‘‘Contractor with the United States’’ de- fined As used in this subchapter, the term ‘‘con- tractor with the United States’’ includes any subcontractor or subordinate subcontractor with respect to the contract of such contractor. (Dec. 2, 1942, ch. 668, title I, § 103, 56 Stat. 1031.) § 1704. Reimbursement (a) Payments reimbursable; filing claim for reim- bursement; regulations for payment of direct benefits Where any employer or his insurance carrier or compensation fund pays or is required to pay benefits— (1) to any person or fund on account of in- jury or death of any person coming within the purview of this subchapter or chapter 11 of this title, if such injury or death arose from a war-risk hazard, which are payable under any workmen’s compensation law of the United States or of any State, Territory, or posses- sion of the United States, or other jurisdic- tion; or (2) to any person by reason of any agreement outstanding on December 2, 1942 made in ac- cordance with a contract between the United States and any contractor therewith to pay benefits with respect to the death of any em- ployee of such contractor occurring under cir- cumstances not entitling such person to bene- fits under any workmen’s compensation law or to pay benefits with respect to the failure of the United States or its contractor to furnish transportation upon the completion of the em- ployment of any employee of such contractor to his home or to the place where he was em- ployed; or (3) to any person by reason of an agreement approved or authorized by the United States under which a contractor with the United States has agreed to pay workmen’s com- pensation benefits or benefits in the nature of workmen’s compensation benefits to an in- jured employee or his dependents on account of detention by a hostile force or person or on account of injury or death arising from a war- risk hazard; such employer, carrier, or fund shall be entitled to be reimbursed for all benefits so paid or pay- able, including funeral and burial expenses, med- ical, hospital, or other similar costs for treat- ment and care; and reasonable and necessary claims expense in connection therewith. Claim for such reimbursement shall be filed with the Secretary under regulations promulgated by him, and such claims, or such part thereof as may be allowed by the Secretary, shall be paid from the compensation fund established under section 8147 of title 5. The Secretary may, under such regulations as he shall prescribe, pay such benefits, as they accrue and in lieu of reimburse- ment, directly to any person entitled thereto, and the insolvency of such employer, insurance carrier, or compensation fund shall not affect the right of the beneficiaries of such benefits to receive the compensation directly from the said compensation fund established under section 8147 of title 5. The Secretary may also, under 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 under section 1651 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Labor, see note set out under section 1711 of this title. § 1705. Receipt of workmen’s compensation bene- fits (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 work- men’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 compensa- tion 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 ac- count of the same injury or death; and any amounts recovered under this subsection shall be covered into the fund established under sec- tion 8147 of title 5. (c) Receipt of wages as credit against payment under this subchapter; intervention by Sec- retary in proceeding to recover wages, etc. Where any person specified in section 1701(a) of this title, or the dependent, beneficiary, or al- lottee 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 Sec- retary 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, or any dependent, beneficiary, or allottee of such person, or the legal representa- tive 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 un- liquidated damages under the employment con- tract, or any other benefit, and the right in re- spect 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 recov- ery 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, pro- vided 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 sec- tion 8147 of title 5. (d) Entitlement to benefits by national of a for- eign 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 for- eign country, the benefits of this subchapter shall not apply. (e) Receipt of benefits for prior accident or dis- ease If at the time a person sustains an injury com- ing within the purview of this subchapter said person is receiving workmen’s compensation benefits on account of a prior accident or dis- ease, said person shall not be entitled to any