§8146 — Title 5 Government Organization and Employees | U.S. Code

Summary

The President can give the job of running this workers’ compensation program to the Panama Canal Commission for its workers, and to the general manager of The Alaska Railroad for its workers. If that happens, costs for physical exams under section 8123 will come out of the Commission’s or Railroad’s budget instead of the Employees’ Compensation Fund. The President can also let those agencies pay compensation and medical, surgical, hospital care under section 8103 and transportation and burial under sections 8103 and 8134 from their budgets, and then get repaid from the Employees’ Compensation Fund. The President can let the Panama Canal Commission skip the usual claim form under section 8121 for temporary disability. If the Alaska Railroad general manager handles a claim, a person can appeal the decision to the Secretary of Labor. The Secretary must review appeals (and can review on their own) and may act under section 8128. The same right to appeal in death cases exists for Panama Canal Commission employees or their dependents as under section 8149, and the Employees’ Compensation Appeals Board can hear those appeals under rules the Secretary sets.

Title 5, §8146

Government Organization and Employees — Source: USLM XML via OLRC

(a)The President, from time to time, may transfer the administration of this subchapter—

(1)so far as employees of the Panama Canal Commission are concerned to the Commission; and

(2)so far as employees of The Alaska Railroad are concerned to the general manager of The Alaska Railroad.

(b)When administration is transferred under subsection (a) of this section, the expenses incident to physical examinations which are payable under section 8123 of this title shall be paid from appropriations for the Panama Canal Commission or for The Alaska Railroad, as the case may be, instead of from the Employees’ Compensation Fund. The President may authorize the Panama Canal Commission and the general manager of The Alaska Railroad to pay the compensation provided by this subchapter, including medical, surgical, and hospital services and supplies under section 8103 of this title and the transportation and burial expenses under section 8103 and 8134 of this title, from appropriations for the Panama Canal Commission and for The Alaska Railroad, and these appropriations shall be reimbursed for the payments by transfer of funds from the Employees’ Compensation Fund.

(c)The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim required by section 8121 of this title in the case of compensation to an employee of the Panama Canal Commission for temporary disability, either total or partial.

(d)When administration is transferred under subsection (a) of this section to the general manager of The Alaska Railroad, the Secretary of Labor is not divested of jurisdiction and a claimant is entitled to appeal from the decision of the general manager of The Alaska Railroad to the Secretary of Labor. The Secretary on receipt of an appeal shall, or on his own motion may, review the decision of the general manager of The Alaska Railroad, and in accordance with the facts found on review may proceed under section 8128 of this title. The Secretary shall provide the form and manner of taking an appeal.

(e)The same right of appeal exists with respect to claims filed by employees of the Panama Canal Commission or their dependents in case of death, as is provided with respect to the claims of other employees to whom this subchapter applies, under section 8149 of this title. The Employees’ Compensation Appeals Board referred to by section 8149 of this title has jurisdiction, under regulations prescribed by the Secretary, over appeals relating to claims of the employees or their dependents.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 793 (1st 3 pars., less 2d sentence of 2d par.).Sept. 7, 1916, ch. 458, § 42 (less 2d sentence of 2d par.), 39 Stat. 750.Apr. 6, 1938, ch. 79 “Sec. 42 (less 2d sentence of 2d par.)”, 52 Stat. 200.Aug. 30, 1964, Pub. L. 88–508, 78 Stat. 666. In subsection (a), the words “in which cases the words ‘Secretary’ and ‘his’ wherever they appear in section 751–756, 757–781, 783–791, and 793 of this title shall, so far as necessary to give effect to such transfer, be read, ‘Governor of the Canal Zone’ or ‘the general manager of The Alaska Railroad’, as the case may be, and ‘his’ ” are omitted as surplusage. In subsection (b), the words “the Employees’ Compensation Fund” are substituted for “appropriation for the work of the Secretary” in view of former section 771, which is carried into section 8123, which provides that all such expenses shall be paid from the Fund. In subsections (b) and (c), the words “Canal Zone Government”, “Panama Canal Company”, and “Governor of the Canal Zone” are substituted for “Panama Canal”, “Panama Railroad Company”, and “Governor of the Panama Canal”, respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, § 2, 64 Stat. 1038. In subsection (e), the words “of other employees to whom this subchapter applies” are substituted for “of other employees of the Federal Government” for clarity and in view of the provisions of section 8149. The words “Employees’ Compensation Appeals Board” are substituted for “Appeals Board” to reflect the full title of the Board 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 definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1979—Pub. L. 96–70, § 3302(e)(9)(A), substituted “Panama Canal Commission” for “Canal Zone” in section catchline. Subsec. (a)(1). Pub. L. 96–70, § 3302(e)(9)(B), substituted “Panama Canal Commission are concerned to the Commission” for “Canal Zone Government and of the Panama Canal Company are concerned to the Governor of the Canal Zone”. Subsec. (b). Pub. L. 96–70, § 3302(e)(9)(C)–(E), substituted “Panama Canal Commission” for “Canal Zone Government” in two places and “Panama Canal Commission” for “Governor of the Canal Zone” and struck out “or from funds from the Panama Canal Company” after “The Alaska Railroad”. Subsec. (c). Pub. L. 96–70, § 3302(e)(9)(F), substituted “Panama Canal Commission” for “Governor of the Canal Zone” and “employee of the Panama Canal Commission” for “employee of the Canal Zone Government or the Panama Canal Company”. Subsec. (e). Pub. L. 96–70, § 3302(e)(9)(G), substituted “Panama Canal Commission” for “Canal Zone Government and of the Panama Canal Company”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an

Effective Date

note under section 3601 of Title 22, Foreign Relations and Intercourse.

§8146 Administration for the Panama Canal Commission and The Alaska Railroad

Summary

Title 5, §8146

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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