§8149 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Secretary of Labor may make rules to enforce this part, including hearings under section 8124. The rules must create a three-member Appeals Board to decide employee benefit appeals. For claims under section 8146, the Secretary sets what evidence is needed, regardless of the injury or death date.

Title 5, §8149

Government Organization and Employees — Source: USLM XML via OLRC

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. 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, 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.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 783 (less last 9 words).Sept. 7, 1916, ch. 458, § 32 (less last 9 words), 39 Stat. 749. [Uncodified].1946 Reorg. Plan No. 2, § 3 (2d sentence), eff.

July 16, 1946, 60 Stat. 1095. [Uncodified].1950 Reorg. Plan No. 19, § 2, eff.

May 24, 1950, 64 Stat. 1272. The words “administration and” are added for clarity. 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). The first sentence of section 2 of 1950 Reorg. Plan No. 19 is omitted as executed. The word “employees” is coextensive with and substituted for “employees of the Federal Government or of the District of Columbia” in view of the definition of “employee” in section 8101. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 81495 App.: 783.

July 4, 1966, Pub. L. 89–488, §§ 11(a), 12, 80 Stat. 255. In the first sentence, the words “section 8124 of this title” are substituted for “section 36” to reflect the codification of that section in title 5, United States Code. In the second sentence, the word “adjudicating” is substituted for “in the adjudication of”. The words “section 8146 of this title” and “this subchapter” are substituted for “section 42 of this Act” and “this Act”, respectively, to reflect the codification of the Federal Employees’ Compensation Act in title 5, United States Code.

Statutory Notes and Related Subsidiaries

Personnel Not Affected by 1967 IncreaseIncreases authorized under amendment by section 1(71) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8149 Regulations

Summary

Title 5, §8149

Notes & Related Subsidiaries

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata