§ 8101. — Definitions.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC8101]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III--EMPLOYEES
Subpart G--Insurance and Annuities
CHAPTER 81--COMPENSATION FOR WORK INJURIES
SUBCHAPTER I--GENERALLY
Sec. 8101. Definitions
For the purpose of this subchapter--
(1) ``employee'' means--
(A) a civil officer or employee in any branch of the
Government of the United States, including an officer or
employee of an instrumentality wholly owned by the United
States;
(B) an individual rendering personal service to the United
States similar to the service of a civil officer or employee of
the United States, without pay or for nominal pay, when a
statute authorizes the acceptance or use of the service, or
authorizes payment of travel or other expenses of the
individual;
(C) an individual, other than an independent contractor or
an individual employed by an independent contractor, employed on
the Menominee Indian Reservation in Wisconsin in operations
conducted under a statute relating to tribal timber and logging
operations on that reservation;
(D) an individual employed by the government of the District
of Columbia; and
(E) an individual appointed to a position on the office
staff of a former President under section 1(b) of the Act of
August 25, 1958 (72 Stat. 838);
but does not include--
(i) a commissioned officer of the Regular Corps of the
Public Health Service;
(ii) a commissioned officer of the Reserve Corps of the
Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science
Services Administration; or
(iv) 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; and
(F) \1\ an individual selected pursuant to chapter 121 of
title 28, United States Code, and serving as a petit or grand
juror;
---------------------------------------------------------------------------
\1\ So in original. Pub. L. 93-416 added par. (F) immediately after
par. (iv), rather than after par. (E).
(2) ``physician'' includes surgeons, podiatrists, dentists,
clinical psychologists, optometrists, chiropractors, and osteopathic
practitioners within the scope of their practice as defined by State
law. The term ``physician'' includes chiropractors only to the
extent that their reimbursable services are limited to treatment
consisting of manual manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist, and subject to
regulation by the Secretary;
(3) ``medical, surgical, and hospital services and supplies''
includes services and supplies by podiatrists, dentists, clinical
psychologists, optometrists, chiropractors, osteopathic
practitioners and hospitals within the scope of their practice as
defined by State law. Reimbursable chiropractic services are limited
to treatment consisting of manual manipulation of the spine to
correct a subluxation as demonstrated by X-ray to exist, and subject
to regulation by the Secretary;
(4) ``monthly pay'' means the monthly pay at the time of injury,
or the monthly pay at the time disability begins, or the monthly pay
at the time compensable disability recurs, if the recurrence begins
more than 6 months after the injured employee resumes regular full-
time employment with the United States, whichever is greater, except
when otherwise determined under section 8113 of this title with
respect to any period;
(5) ``injury'' includes, in addition to injury by accident, a
disease proximately caused by the employment, and damage to or
destruction of medical braces, artificial limbs, and other
prosthetic devices which shall be replaced or repaired, and such
time lost while such device or appliance is being replaced or
repaired; except that eyeglasses and hearing aids would not be
replaced, repaired, or otherwise compensated for, unless the damages
or destruction is incident to a personal injury requiring medical
services;
(6) ``widow'' means the wife living with or dependent for
support on the decedent at the time of his death, or living apart
for reasonable cause or because of his desertion;
(7) ``parent'' includes stepparents and parents by adoption;
(8) ``brother'' and ``sister'' mean one who at the time of the
death of the employee is under 18 years of age or over that age and
incapable of self-support, and include stepbrothers and stepsisters,
half brothers and half sisters, and brothers and sisters by
adoption, but do not include married brothers or married sisters;
(9) ``child'' means one who at the time of the death of the
employee is under 18 years of age or over that age and incapable of
self-support, and includes stepchildren, adopted children, and
posthumous children, but does not include married children;
(10) ``grandchild'' means one who at the time of the death of
the employee is under 18 years of age or over that age and incapable
of self-support;
(11) ``widower'' means the husband living with or dependent for
support on the decedent at the time of her death, or living apart
for reasonable cause or because of her desertion;
(12) ``compensation'' includes the money allowance payable to an
employee or his dependents and any other benefits paid for from the
Employees' Compensation Fund, but this does not in any way reduce
the amount of the monthly compensation payable for disability or
death;
(13) ``war-risk hazard'' means a hazard arising during a war in
which the United States is engaged; during an armed conflict in
which the United States is engaged, whether or not war has been
declared; or during a war or armed conflict between military forces
of any origin, occurring in the country in which an individual to
whom this subchapter applies is serving; from--
(A) the discharge of a missile, including liquids and gas,
or the use of a weapon, explosive, or other noxious thing by a
hostile force or individual or in combating an attack or an
imagined attack by a hostile force or individual;
(B) action of a hostile force or individual, including
rebellion or insurrection against the United States or any of
its allies;
(C) the discharge or explosion of munitions intended for use
in connection with a war or armed conflict with a hostile force
or individual;
(D) the collision of vessels on convoy or the operation of
vessels or aircraft without running lights or without other
customary peacetime aids to navigation; or
(E) the operation of vessels or aircraft in a zone of
hostilities or engaged in war activities;
(14) ``hostile force or individual'' means a nation, a subject
of a foreign nation, or an individual serving a foreign nation--
(A) engaged in a war against the United States or any of its
allies;
(B) engaged in armed conflict, whether or not war has been
declared, against the United States or any of its allies; or
(C) engaged in a war or armed conflict between military
forces of any origin in a country in which an individual to whom
this subchapter applies is serving;
(15) ``allies'' means any nation with which the United States is
engaged in a common military effort or with which the United States
has entered into a common defensive military alliance;
(16) ``war activities'' includes activities directly relating to
military operations;
(17) ``student'' means an individual under 23 years of age who
has not completed 4 years of education beyond the high school level
and who is regularly pursuing a full-time course of study or
training at an institution which is--
(A) a school or college or university operated or directly
supported by the United States, or by a State or local
government or political subdivision thereof;
(B) a school or college or university which has been
accredited by a State or by a State-recognized or nationally
recognized accrediting agency or body;
(C) a school or college or university not so accredited but
whose credits are accepted, on transfer, by at least three
institutions which are so accredited, for credit on the same
basis as if transferred from an institution so accredited; or
(D) an additional type of educational or training
institution as defined by the Secretary of Labor.
Such an individual is deemed not to have ceased to be a student
during an interim between school years if the interim is not more
than 4 months and if he shows to the satisfaction of the Secretary
that he has a bona fide intention of continuing to pursue a full-
time course of study or training during the semester or other
enrollment period immediately after the interim or during periods of
reasonable duration during which, in the judgment of the Secretary,
he is prevented by factors beyond his control from pursuing his
education. A student whose 23rd birthday occurs during a semester or
other enrollment period is deemed a student until the end of the
semester or other enrollment period;
(18) ``price index'' means the Consumer Price Index (all items--
United States city average) published monthly by the Bureau of Labor
Statistics; and
(19) ``organ'' means a part of the body that performs a special
function, and for purposes of this subchapter excludes the brain,
heart, and back; and
(20) ``United States medical officers and hospitals'' includes
medical officers and hospitals of the Army, Navy, Air Force,
Department of Veterans Affairs, and United States Public Health
Service, and any other medical officer or hospital designated as a
United States medical officer or hospital by the Secretary of Labor.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 532; Pub. L. 90-83, Sec. 1(4),
(48), Sept. 11, 1967, 81 Stat. 196, 209; Pub. L. 93-416, Sec. 1, Sept.
7, 1974, 88 Stat. 1143; Pub. L. 96-499, title IV, Sec. 421(b), Dec. 5,
1980, 94 Stat. 2608; Pub. L. 97-463, Sec. 4, Jan. 12, 1983, 96 Stat.
2532; Pub. L. 102-54, Sec. 13(b)(1), June 13, 1991, 105 Stat. 274.)
Historical and Revision Notes
1966 Act
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
(1)-(5), (12)-(16). 5 U.S.C. 790. Sept. 7, 1916, ch.
458, Sec. 40, 39
Stat. 750.
June 5, 1924, ch.
261, Sec. 2, 43
Stat. 389.
............................ May 31, 1938, ch.
293, 52 Stat. 586.
............................ Apr. 11, 1940, ch.
79, Sec. 1, 54
Stat. 105.
............................ July 1, 1944, ch.
373, Sec. 605(b),
58 Stat. 712.
............................ Aug. 13, 1946, ch.
958, Sec. 5, 60
Stat. 1049.
............................ Oct. 14, 1949, ch.
691, Sec. 108, 63
Stat. 860.
............................ July 30, 1956, ch.
779, Sec. 3(b), 70
Stat. 721.
............................ Aug. 1, 1956, ch.
837, Sec. 501(e),
70 Stat. 883.
............................ Aug. 8, 1958, Pub. L.
85-608, Sec. 302,
72 Stat. 539.
............................ Sept. 13, 1960, Pub.
L. 86-767, Sec.
208, 74 Stat. 908.
............................ Sept. 4, 1964, Pub.
L. 88-581, Sec.
4(b), 78 Stat. 919.
5 U.S.C. 794 (1st sentence). July 11, 1919, ch. 7,
Sec. 11 (1st
sentence), 41 Stat.
104.
[Uncodified]. Aug. 25, 1958, Pub.
L. 85-745, Sec.
1(b) (last sentence,
as applicable to the
Federal Employees'
Compensation Act),
72 Stat. 838.
(6)-(10)........... 5 U.S.C. 760(H). Sept. 7, 1916, ch.
458, Sec. 10(H), 39
Stat. 745.
............................ Feb. 12, 1927, ch.
110, Sec. 2, 44
Stat. 1087.
(11)............... 5 U.S.C. 760(B) (last 23 Sept. 7, 1916, ch.
words of 1st sentence). 458, Sec. 10(B)
(last 15 words of
1st sentence), 39
Stat. 744.
............................ Oct. 14, 1949, ch.
691, Sec. 106(c)
``(B) (last 23 words
of 1st sentence)'',
63 Stat. 859.
------------------------------------------------------------------------
Former section 790(a) is omitted as unnecessary in view of section 1
of title 1, United States Code.
Former section 790(c) is omitted as unnecessary as the term
``commission'' is not used in this subchapter.
Former section 790(i) is omitted as unnecessary as the title
``Secretary of Labor'' (substituted for ``Federal Security
Administrator'' by 1950 Reorg. Plan No. 19, Sec. 1, eff. May 24, 1950,
64 Stat. 1271) is fully set out the first time it is used in each
section.
In paragraph (1)(B), the words ``to the United States'' are
substituted for ``to any department, independent establishment, or
agency thereof (including instrumentalities of the United States wholly
owned by it)''.
In paragraph (1)(C), the words ``subsequent to September 7, 1916''
are omitted as obsolete.
In paragraph (1)(iv), the words ``under sections 521-535 of title 4,
District of Columbia Code'' are substituted for ``under the provisions
of the District of Columbia Appropriation Act approved September 1,
1916''.
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
------------------------------------------------------------------------
Source (Statutes at
Section of title 5 Source (U.S.Code) Large)
------------------------------------------------------------------------
8101(17)........... 5 App.: 760(M). July 4, 1966, Pub. L.
8101(18)........... 5 App.: 793a(c)(1). 89-488, Secs. 7(c),
8101(19)........... 5 App.: 793a(c)(2). 14 ``Sec. 43(c)'',
80 Stat. 254, 256.
------------------------------------------------------------------------
Paragraph (17) is reorganized and restated for clarity and to
conform to the style of title 5, United States Code. In clause (D), the
words ``Secretary of Labor'' are substituted for ``Secretary'' on
authority of section 40(i) of the Federal Employees' Compensation Act.
In paragraph (19), the words ``July 1966 and each later month'' are
substituted for ``the month this section becomes effective and each
month thereafter''. The words ``section 8146a of this title'' are
substituted for ``this section'' to reflect the codification of section
43 in title 5.
References in Text
Act of August 25, 1958, 72 Stat. 838, referred to in par. (1)(E), is
set out as a note under section 102 of Title 3, The President.
Amendments
1991--Par. (20). Pub. L. 102-54 substituted ``Department of Veterans
Affairs'' for ``Veterans' Administration''.
1983--Par. (1)(F). Pub. L. 97-463 struck out ``and who is otherwise
an employee for the purposes of this subchapter as defined by paragraph
(A), (B), (C), (D), and (E) of this subsection'' after ``petit or grand
juror''.
1980--Pars. (19) to (21). Pub. L. 96-499 struck out par. (19) which
defined ``base month'' as the month of July 1966 and each later month
which was used as a basis for calculating an increase under section
8146a of this title, and redesignated pars. (20) and (21) as (19) and
(20), respectively.
1974--Par. (1)(D). Pub. L. 93-416, Sec. 1(g), struck out ``and''
after the semicolon.
Par. (1)(F). Pub. L. 93-416, Sec. 1(a), added par. (1)(F).
Par. (2). Pub. L. 93-416, Sec. 1(b), expanded definition of
``physician'' to include podiatrists, dentists, clinical psychologists,
optometrists, and chiropractors and inserted provision limiting the
extent to which chiropractors are included.
Par. (3). Pub. L. 93-416, Sec. 1(c), included within ``medical,
surgical, and hospital services and supplies'' those supplied by
podiatrists, dentists, clinical psychologists, optometrists, and
chiropractors and limited the reimbursable services of chiropractors.
Par. (5). Pub. L. 93-416, Sec. 1(d), added to definition of
``injury'' damage to or destruction of medical braces, artificial limbs,
and other prosthetic devices and excepted eyeglasses and hearing aids
unless damage or destruction is incidental to a personal injury
requiring medical services.
Par. (11). Pub. L. 93-416, Sec. 1(e), substituted ``the husband
living with or dependent for support on the decedent at the time of her
death, or living apart for reasonable cause because of her desertion''
for ``one who, because of physical or mental disability, was wholly
dependent for support on the employee at the time of her death'' as
definition of ``widower''.
Pars. (20), (21). Pub. L. 93-416, Sec. 1(f), added pars. (20) and
(21).
1967--Par. (1)(iii). Pub. L. 90-83, Sec. 1(4), substituted
``Environmental Science Services Administration'' for ``Coast and
Geodetic Survey''. See Historical and Revision Notes under section 2101
of this title.
Effective Date of 1980 Amendment
Section 422 of Pub. L. 96-499 provided that: ``The amendments made
by section 421 [amending this section and section 8146a of this title]
shall take effect on the date of the enactment of this Act [Dec. 5,
1980] with respect to any adjustments which are to be made on or after
that date; except that the period specified in such section as extending
from December to December shall, with respect to the adjustment to be
made on March 1, 1981, extend instead from the last month in which the
price index resulted in an adjustment prior to enactment to December of
1980.''
Effective Date of 1974 Amendment
Section 28(a) of Pub. L. 93-416 provided that: ``Except as otherwise
provided by this section this Act [enacting section 8151 of this title,
amending this section and sections 8103, 8104, 8107, 8110, 8111, 8113,
8116, 8117, 8118, 8119, 8121, 8122, 8132, 8135, 8142, 8143, 8146a of
this title, repealing section 3315a of this title, and enacting
provisions set out as notes under this section and section 8116 of this
title] shall take effect on the date of enactment [Sept. 7, 1974] and be
applicable to any injury or death occurring on or after such effective
date [Sept. 7, 1974]. The amendments made by sections 1(b) and (c)
[amending this section], 2 [amending section 8103 of this title], 3
[amending section 8104 of this title], 7(a) and (b) [amending section
8111 of this title], 8(a) [amending section 8113 of this title], 8(b)
[amending section 8143 of this title], 9 [amending section 8116 of this
title], 16(a) [amending section 8133 of this title], 16(b) [amending
section 8135 of this title], 17 [amending section 8133 of this title],
19 [amending section 8135 of this title], 20 [amending section 8135 of
this title], 21 [amending section 8146a of this title], 22 [enacting
section 8151 of this title], 24 [amending section 8146a of this title],
and 25 [amending section 8147 of this title], shall be applicable to
cases where the injury or death occurred prior to the date of enactment
[Sept. 7, 1974] but the provisions of these sections shall be applicable
only to a period beginning on or after the date of enactment [Sept. 7,
1974].''
Short Title of 1990 Amendment
Pub. L. 101-534, Sec. 1, Nov. 7, 1990, 104 Stat. 2352, provided
that: ``This Act [amending section 8111 of this title and enacting
provisions set out as a note under section 8111 of this title] may be
cited as the `Attendant Allowance Adjustment Act'.''
Transfer of Functions
Environmental Science Services Administration in Department of
Commerce, including offices of Administrator and Deputy Administrator
thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, set out in the Appendix to this title, which
created National Oceanic and Atmospheric Administration in Department of
Commerce and transferred personnel, property, records, and unexpended
balances of funds of Environmental Science Services Administration to
such newly created National Oceanic and Atmospheric Administration.
Components of Environmental Science Services Administration thus
transferred included Weather Bureau [now National Weather Service],
Coast and Geodetic Survey [now National Ocean Survey], Environmental
Data Services, National Environmental Satellite Center, and ESSA
Research Laboratories.
Functions of Public Health Service, Surgeon General of Public Health
Service, and all other officers and employees of Public Health Service,
and functions of all agencies of or in Public Health Service,
transferred to Secretary of Health, Education, and Welfare by 1966
Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966,
set out in the Appendix to this title. Secretary of Health, Education,
and Welfare redesignated Secretary of Health and Human Services by
section 3508 of Title 20, Education.
Processing of Claims Filed by District of Columbia Employees
Pub. L. 93-198, title II, Sec. 204(e), Dec. 24, 1973, 87 Stat. 783,
provided that: ``All functions of the Secretary under chapter 81 of
title 5 of the United States Code, with respect to the processing of
claims filed by employees of the government of the District for
compensation for work injuries, are transferred to and shall be
exercised by the Commissioner, effective the day after the day on which
the District establishes an independent personnel system or systems.''
An independent personnel system was established for the District by D.C.
Law 2-139, Mar. 3, 1979, 25 DCR 5740.
Study and Report to Congress by Secretary of Labor of Provisions and
Programs Under Subchapter
Section 27 of Pub. L. 93-416 directed Secretary of Labor to conduct
a study of the provisions of this subchapter and its programs which was
to include: hearings, research, and other activities necessary to
formulate recommendations; an examination of need for authority to
increase allowances for services of attendants above the maximum fixed
by section 8111 of this title in exceptional circumstances; an
examination of the effectiveness of this subchapter; and recommendations
as to survivor benefits; report results of the study together with his
findings and recommendations not later than 12 months after Sept. 7,
1974.
Section Referred to in Other Sections
This section is referred to in sections 3373, 3374, 3704, 7902,
8110, 8118, 8133, 8191, 8192 of this title; title 16 sections 1a-6, 18i,
558c, 670c, 742f, 773a, 4604; title 20 section 76l; title 22 section
3973; title 29 section 2897; title 30 section 902; title 42 sections
3796b, 5055, 7142c, 7384l, 12620, 12651g, 12655n; title 43 section 373b.