Under this subchapter submission to medical treatment under medical care program may reasonably be considered to be one of duties incident to federal employment. Id.

Injury to right shoulder and elbow sustained by federal employee when he fell from bed in public health service hospital in which he had had surgery performed because of injury sustained in course of his employment duties was compensable under this subchapter, even though it may have been caused by intervening treatment for original injury and was also so compensable as sustained while in performance of duty. Frieouf v. U. S., D.C.Cal.1960, 183 F.Supp.

439.

Injury sustained by plaintiff on street within limits of ordnance depot, in which he worked, while riding home from work after regular working hours in automobile of fellow employee, was an injury sustained by an employee while in performance of his duty. Stiffler v. U. S., D.C.Pa.1954, 122 F.Supp. 304.

Where a laborer employed by the United States in the construction of river and harbor work, while off duty went upon a bin to talk with the man emptying gravel about going home the following Sunday, and in the act of leaving, voluntarily and with no emergency 10. immcüinir aciium, altulpice to ompte a box of gravel, and in so doing fell overboard and was drowned, the accident is deemed not to have arisen within the course of his employment, and compensation therefor is unauthorized under this subchapter. 1912, 29 Op.Atty.Gen. 415.

The word "injury," as used in this subchapter, is in no sense suggestive of

§ 8102.

Ch. 81

disease, nor has it ordinarily any such significance. 1911, 29 Op.Atty.Gen. 21.

An artisan or laborer employed by the United States in the construction of river and harbor work, who contracted a se. vere cold in the course of his employ. ment resulting in pneumonia, and which incapacitated him for duty for a period lasting more than 15 days, is not entitled to compensation under this subchapter. 1910, 28 Op.Atty. Gen. 254.

The word "injury" in the section is employed comprehensively, to embrace all the cases of incapacity to continue work or employment, unless the injury is due to the negligence or misconduct of the employe injured, and includes all cases where as a result of the employe's occupation, and without any negligence or misconduct, he becomes unable to carry on his work, and the condition continues for more than fifteen days. 1909, 27 Op. Atty.Gen. 316.

The word "accident" is employed to denote the happening of some unusual event producing death or injury, which injury results in incapacity for work, lasting more than fifteen days. Id.

A plate printer in the Bureau of Engraving and Printing whose right wrist was sprained in the course of his employment, and without misconduct or negligence on his part, which injury was complicated he a runture of the synovial sac su rounding the ligaments leading from the back part of the forearm to the fingers, the injury continuing for more than fifteen days, suffered "an injury" within the meaning of this subchapter. Id.

An employe may be injured in the course of his employment without having suffered a definite accident. Id.

Compensation for disability or death of employee

(a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is―

(1) caused by willful misconduct of the employee;

(2) caused by the employee's intention to bring about the injury or death of himself or of another; or

(3) proximately caused by the intoxication of the injured employee.

(b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or

GOVERNMENT ORGANIZATION

(b) The Secretary, or a designee, shall Lerve as the Chairman of the Council, and shall prescribe such rules for the Fonduct of its business 88 he deems hecessary and appropriate.

(c) The Secretary shall make available ecessary office space and furnish the Council necessary equipment. supplies, and staff services, and shall perform such functions ith respect to the Council as may be equired by the Federal Advisory Committee Act [set out in the Appendix to this title].

Effect on Other Powers and Duties Sec. 5. Nothing in this order shall be Construed to impair or alter the powers and duties of the Secretary or the heads of other Federal agencies pursuant to section 19 of the Occupational Safety and Health Act of 1970 [section 668 of Title 9. Labor], sections 7901. 7902, and 7903 of title 5 of the United States Code [section 7901, this section and section 7903 of this title], or any other provision of law, nor shall it be construed to alter the provisions of Executive Order No. 11491,

5 § 8101

as amended, Executive Order No. 11636
[set out as a note under section 7301 of
this title]. or other provisions of law
providing for collective bargaining agree.
ments and procedures. Matters of official
leave for employee representatives in-
volved in activities pursuant to this or
der shall be determined between each
agency and these represtatives pursu
ant to the procedures under Executive
Order No. 11491, as amended, Executive
Order No. 11636 [set out as a note under
section 7301 of this title], or appiicable
collective bargaining agreements.

Termination of Existing Order
Sec. 6. Executive Order No. 11612 of
July 26, 1971, is hereby superseded.

Extension of Term of Federal Advisory
Council on Occupational Safety and
Health. Term of the Federal Advisory
Council on Occupational Safety and
Health extended until Dec. 31. 1978. see
Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R.
55705, set out as a note under section 14
of Appendix I of this title.
GERALD R. FORD

For the purpose of this subchapter

(1) "employee" means

[See main volume for text of (A) to (C)]

(D) an individual employed by the government of the District of Columbia;

(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) an individual selected pursuant to chapter 121 of title 28, United States Code, and serving as a petit or grand juror and who is otherwise an employee for the purposes of this subchapter

5 § 8101

GOVERNMENT ORGANIZATION

as defined by paragraphs (A), (B), (C), (D), and (E) of thi subsection.

(2) "physician" includes surgeons, podiatrists, dentists, clinica psychologists, optometrists, chiropractors, and osteopathic pract: tioners within the scope of their practice as defined by State law The term "physician" includes chiropractors only to the extent tha: their reimbursable services are limited to treatment consisting o manual manipulation of the spine to correct a subluxation as demon strated by X-ray to exist, and subject to regulation by the Secretary (3) "medical, surgical, and hospital services and supplies" include 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. Reim. bursable 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;

[See main volume for text of (4))

(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;

[See main volume for text of (6) to (10)]

idower" means the husband living with or dependem, foi sood. ; at the time of her death or Hring upait for

reasonable cause or because of her desertion;

[See main volume for text of (12) to (19)】

(20) “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

(21) "United States medical officers and hospitals" includes medical officers and hospitals of the Army, Navy, Air Force, Veterans' Administration, 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.

As amended Pub.L. 93-416, § 1, Sept. 7, 1974, 88 Stat. 1143.

1974 Amendment. Par. (1) (D). Pub. L. 93-416, 1(g), deleted the word "and" after the semicolon.

Par. (1) (F). Pub. L. 93-416, § 1(a), added par. (1)(F).

Par. (2). Pub. L. 93-416, § 1(b), expanded the definition of "physician" to include podiatrists. dentists, clinical psychologists, optometrists and chiropractors, and added the provision limiting the extent to which chiropractors are included.

Par. (3). Pub. L. 93-416, § 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, § 1(d), added to the 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, 1(e), substituted "the husband living with

ог

dependent for support on the decedent at the time of her death, or living apart for reasonable cause because of her de sertion", for "one who, because of physical or mental disability, was wholly dependent for support on the employee at the time of her death" as the definition of "widower".

Pars. (20), (21). Pub. L. 93-416, § 1(f), added pars. (20) and (21).

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

GOVERNMENT ORGANIZATION

§ 8102. Compensation for disability or death of employee

Generally 1

Coverage 3

Index to Notes

Remedy under other statutes 2

1. Generally

Where Job Corps members were killed
in collision while returning to Job Corps
camp on Job Corps bus from fair at
which they had spent the day as a part
of Job Corps activities program, any
claim against the United States for their
deaths lay exclusively under this chapter
and that remedy excluded any tort lia;
bility on behalf of the United States so
that driver and owner of tractor-trailer
Involved in the collision could not recover
Indemnity or contribution from United
States by way of third-party action in
tort suit. Scarbrough v. Murrow Trans-
2 Co., D.C.Tenn.1967, 211 5.2tipp. 94.

Where federal employee brought action
against the United States under the Fed-
eral Tort Claims Act, sections 1346(b)
and 2671 et seq. of Title 28, and there
was possibility that this chapter may
have provided employee's exclusive reme-
dy, district court should have held cause
in abeyance pending determination of the
Secretary of coverage under this chapter
rather than dismissing action, because of
potential statute of limitations problems
it Secretary denied coverage. Concordia
v. U. S. Postal Service, C.A. Fla.1978, 581
F.2d 439. rehearing denied 585 F.2d 731.

Plaintiff, а deputy federal marshal,
who had been assigned to accompany
second federal marshal on trip escorting
prisoners, could not sue second marshal's

estate for injuries sustained in automo-
bile accident, and this chapter was her
exclusive remedy. Gilliam v. U. S., C.A.
Ky.1969, 407 F.2d 818.

Where Congress has established com-
prehensive system to compensate injured
employees, such scheme should be pre-
sumed to be exclusive remedy against
government. Anthony v. Norfleet, D.C.
D.C.1971, 330 F.Supp. 1211.

Exclusionary provisions of this chapter
barred government employee who was in-
jured in collision on naval base between
inotorbike driven by him and automobile
owned by the United States and operated
by one of its employees from maintaining
suit against the United States under Fed-
eral Tort Claims Act, sections 1346(b) and
2671 et seq. of Title 28, for his injuries,
even though employee was on his way to
work at time of collision. Pittman v. U.
S.. D.C.Va.1970, 312 F.Sp 10
3. Coverage

Allegations that rederal employee lost
consciousness of his actions as a side ef-
fect of medication he was taking while
on the job, that his co-workers allowed
him access to his car knowing of his
helpless condition, and that on his way
home he lost control of his car, crashed,
and suffered injuries presented a sub-
stantial question of coverage_under_this
chapter. Concordia v. U. S. Postal Serv-
ice, C.A.Fla. 1978, 581 F.2d 439, rehearing
denied 585 F.2d 731.

Although location of accident resulting
in injury to federal employee is one fac-
tor to be considered in determining
whether there is substantial question of
coverage under this chapter, it is not the
sole criteria. Bailey v. U. S., Through
Dept. of Army, C.A.La.1971, 451 F.2d 963.

§ 8103. Medical services and initial medical and other benefits
(a) The United States shall furnish to an employee who is injured while
in the performance of duty, the services, appliances, and supplies pre-
scribed or recommended by a qualified physician, which the Secretary of
Labor considers likely to cure, give relief, reduce the degree or the period
of disability, or aid in lessening the amount of the monthly compensation.
These services, appliances, and supplies shall be furnished-

(1) whether or not disability has arisen;

(2) notwithstanding that the employee has accepted or is en-
titled to receive benefits under subchapter III of chapter 83 of this
title or another retirement system for employees of the Government;
and

(3) by or on the order of United States medical officers and hos-
pitals, or, at the employee's option, by or on order of physicians and
hospitals designated or approved by the Secretary.

The employee may initially select a physician to provide medical services,
appliances, and supplies, in accordance with such regulations and instruc-
tions as the Secretary considers necessary, and may be furnished necessary
and reasonable transportation and expenses incident to the securing of