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. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 8103(a)(2) ... 5 App.: 759(a). July 4, 1966, Pub. L. 89–488, § 5(b), 80 Stat. 253. The words ‘‘another retirement system for employees of the Government’’ are substituted for ‘‘any other Federal Act or program providing retirement benefits for employees’’. Editorial Notes AMENDMENTS 1974—Subsec. (a). Pub. L. 93–416 substituted ‘‘at the employee’s option’’ for ‘‘when this is not practicable’’, struck out ‘‘private’’ before ‘‘physicians and hospitals’’ in par. (3), and, in provision following par. (3), added au- thorization for the employee to initially select a physi- cian in accordance with such regulations and instruc- tions considered necessary by the Secretary. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–416 applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. PERSONNEL NOT AFFECTED BY 1967 INCREASE Pub. L. 90–83, § 7, Sept. 11, 1967, 81 Stat. 222, provided that: ‘‘Nothing in this or any other Act makes the in- creases authorized by section 1(49)—(52) [amending this section and sections 8107, 8108, and 8109 of this title], 53(B) and (C) [amending section 8110 of this title], (54)— (58) [amending section 8111, 8112, 8116, 8122, and 8124 of this title], (60) [amending section 8131 of this title], (61) [amending section 8132 of this title], (62) (B) [amending section 8133(e) of this title], (63) [amending section 8135 of this title], (67) [adding section 8146a of this title], (68) [amending section 8147 of this title], and (71) [amending section 8149 of this title] of this Act applicable to— ‘‘(1) an employee or individual not within the defi- nition of ‘employee’ in section 8101(1)(A), (B), or (D) of title 5, United States Code; ‘‘(2) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521—535 of title 4, District of Columbia Code; or ‘‘(3) a member of a uniformed service.’’ § 8104. Vocational rehabilitation (a) The Secretary of Labor may direct a per- manently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilita- tion services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and cor- responding 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 sec- tion 8103 of this title. The cost of providing these services to individuals undergoing voca- tional rehabilitation under this section shall be paid from the Employees’ Compensation Fund. However, in reimbursing a State or cor- responding agency under an arrangement pursu- ant to this section the cost to the agency reim- bursable in full under section 32(b)(1) of title 29 is excluded. (b) Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such reha- bilitation, receive compensation at the rate pro- vided in sections 8105 and 8110 of this title, less the amount of any earnings received from remu- nerative employment, other than employment undertaken pursuant to such rehabilitation. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 93–416, § 3, Sept. 7, 1974, 88 Stat. 1144.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 759(b). Oct. 14, 1949, ch. 691, § 202(a), 63 Stat. 862. In the third sentence, the words ‘‘the Secretary of Health, Education, and Welfare’’ are substituted for ‘‘him’’, referring to the Administrator, on authority of section 1 (proviso) of 1950 Reorg. Plan No. 19, 64 Stat. 1271, and section 5 of 1953 Reorg. Plan No. 1, 67 Stat. 632. The words ‘‘State agencies or corresponding agen- cies’’ are substituted for ‘‘State agencies (or cor- responding agencies in Territories or possessions)’’ as the agencies available for cooperation are set out in the Vocational Rehabilitation Act (chapter 4 of title 29). Page 934 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8105 The words ‘‘section 32(b)(1) of title 29’’ are sub- stituted for ‘‘section 33(a) (4) of title 29’’ on authority of the Act of Aug. 3, 1954, ch. 655, § 2, 68 Stat. 652. Ref- erence is limited to section 32(b)(1) since section 32(b) (2), (3) is obsolete. 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. Editorial Notes REFERENCES IN TEXT Chapter 4 of title 29, referred to in subsec. (a), refers to the Vocational Rehabilitation Act, act June 2, 1920, ch. 219, 41 Stat. 735, as amended. Section 32(b)(1) of title 29, also referred to in subsec. (a) (enacted Sept. 6, 1966), did not reflect amendment of section 32(b) by Pub. L. 89–333 § 2(a), Nov. 8, 1965, 79 Stat. 1282, which eliminated obsolete pars. (2) and (3) and redesignated par. (1) provi- sions as subsec. (b) and amended such subsection. Sec- tion 32(b) of title 29, refers to section 2(b) of act June 2, 1920, as amended. Such provisions were repealed by former section 500(a) of Pub. L. 93–112, title V, Sept. 26, 1973, 87 Stat. 390, and pursuant to former section 500(a) of Pub. L. 93–112, which also provided that references to the Vocational Rehabilitation Act in other provisions of law were to be deemed a reference to the Rehabilita- tion Act of 1973, and were covered by sections 701 et seq. and 731(a), respectively, of Title 29, Labor. AMENDMENTS 1974—Pub. L. 93–416 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–416 applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. TRANSFER OF FUNCTIONS For transfer of functions and offices (relating to Re- habilitation Act of 1973) of Secretary and Department of Health, Education, and Welfare to Secretary and De- partment of Education, see section 3441 of Title 20, Edu- cation. § 8105. Total disability (a) If the disability is total, the United States shall pay the employee during the disability monthly monetary compensation equal to 662⁄3 percent of his monthly pay, which is known as his basic compensation for total disability. (b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total dis- ability. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 753. Sept. 7, 1916, ch. 458, § 3, 39 Stat. 743. Oct. 14, 1949, ch. 691, § 102, 63 Stat. 855. In subsection (a), the words ‘‘Except as otherwise pro- vided in sections 751–756, 757–781, 783–791, and 793 of this title’’ are omitted as surplusage. In subsection (b), the words ‘‘Loss, or’’ are omitted as included in ‘‘loss of use of’’. The words ‘‘or the loss of sight of both eyes’’ are substituted for ‘‘or both eyes or the sight thereof’’. 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. § 8106. Partial disability (a) If the disability is partial, the United States shall pay the employee during the dis- ability monthly monetary compensation equal to 662⁄3 percent of the difference between his monthly pay and his monthly wage-earning ca- pacity after the beginning of the partial dis- ability, which is known as his basic compensa- tion for partial disability. (b) The Secretary of Labor may require a par- tially disabled employee to report his earnings from employment or self-employment, by affi- davit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who— (1) fails to make an affidavit or report when required; or (2) knowingly omits or understates any part of his earnings; forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under sec- tion 8129 of this title, unless recovery is waived under that section. (c) A partially disabled employee who— (1) refuses to seek suitable work; or (2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him; is not entitled to compensation. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 536.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 754. Sept. 7, 1916, ch. 458, § 4, 39 Stat. 743. Oct. 14, 1949, ch. 691, § 103(a), 63 Stat. 855. In subsection (a), the words ‘‘Except as otherwise pro- vided in sections 751–756, 757–781, 783–791, and 793 of this title’’ are omitted as surplusage. In subsection (b), the word ‘‘remuneration’’ is omit- ted as covered by the word ‘‘earnings’’. 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. § 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 em-