§1704 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The federal government will pay back an employer, its insurer, or a compensation fund when they pay benefits for war-related injury, detention, or death in three situations: benefits under U.S. or State workers’ compensation laws; benefits under agreements that were in place on December 2, 1942 tied to U.S. contracts (for deaths not covered by workers’ compensation or for return transportation after employment); and benefits under U.S.-approved contractor agreements for detention by a hostile force or for war-risk injury or death. No repayment is allowed if the Secretary finds a premium (including any extra charge) was charged for the war-risk hazard. The rule does not cover benefits for injuries or deaths that happened inside any State.

Title 42, §1704

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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 injury 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 possession of the United States, or other jurisdiction; or

(2)to any person by reason of any agreement outstanding on December 2, 1942 made in accordance with a contract between the United States and any contractor therewith to pay benefits with respect to the death of any employee of such contractor occurring under circumstances not entitling such person to benefits 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 employment of any employee of such contractor to his home or to the place where he was employed; 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 compensation benefits or benefits in the nature of workmen’s compensation benefits to an injured 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;

(b)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 premium (which included an additional charge or loading for such hazard) was charged.

(c)The provisions of this section shall not apply with respect to benefits on account of any injury or death occurring within any State.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “section 8147 of title 5” substituted for “section 35 of such Act of September 7, 1916, as amended”, 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 hostile force or person” for “the enemy”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1959 AmendmentAmendment 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 AmendmentAmendment 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.

§1704 Reimbursement

Summary

Title 42, §1704

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata