42 U.S.C. § 1704: Reimbursement

Summary

Employers, their insurers, or compensation funds that pay benefits because of a war-related injury, detention, or death can be repaid. This covers three kinds of payments: benefits under workers’ compensation laws, certain contractor agreements that existed on December 2, 1942 (including payments for deaths not covered by workers’ comp or for failure to provide return transportation), and agreements approved by the United States for detention by a hostile force or war-risk injuries or deaths. Repayable items include funeral, medical, hospital, and other similar costs and reasonable claims expenses. The payer must file a claim with the Secretary under his rules, and allowed claims are paid from the compensation fund in section 8147 of title 5. The Secretary may pay people directly instead of repaying the payer and may use private or government facilities for care; if the employer or insurer is insolvent, beneficiaries can still get payment directly. No repayment will be made if the Secretary finds the war-risk loss was covered by a premium or extra charge for that hazard. These rules do not apply to injuries or deaths that occur within any State.

Title 42, §1704

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

(a)Payments reimbursable; filing claim for reimbursement; 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 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;

such employer, carrier, or fund shall be entitled to be reimbursed for all benefits so paid or payable, including funeral and burial expenses, medical, hospital, or other similar costs for treatment 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 reimbursement, 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 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 reimbursement

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)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.

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