U.S. Department of Labor - Office of Workers' = Compensation Programs (OWCP) - Division of Federal Employees' = Compensation (DFEC) -

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DOL Home = > OWCP > DFEC > Federal = Employees'=20 Compensation Act

Division of Federal Employees' Compensation=20 (DFEC)

=A78101. 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=20 States, including an officer or employee of an instrumentality wholly = owned by=20 the United States;

(B) an individual rendering personal service to the United States = similar to=20 the service of a civil officer or employee of the United States, without = pay or=20 for nominal pay, when a statute authorizes the acceptance or use of the = service,=20 or authorizes payment of travel or other expenses of the individual;

(C) an individual, other than an independent contractor or an = individual=20 employed by an independent contractor, employed on the Menominee Indian=20 Reservation in Wisconsin in operations conducted under a statute = relating to=20 tribal timber and logging operations on that reservation;

(D) an individual employed by the government of the District of = Columbia;=20 and

(E) an individual appointed to a position on the office staff of a = former=20 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=20 Service;

(ii) a commissioned officer of the Reserve Corps of the Public Health = Service=20 on active duty;

(iii) a commissioned officer of the Environmental Science Services=20 Administration; or

(iv) a member of the Metropolitan Police or the Fire Department of = the=20 District of Columbia who is pensioned or pensionable under sections = 521-535 of=20 title 4, District of Columbia Code; and

(F) an individual selected pursuant to chapter 121 of title 28, = United States=20 Code, and serving as a petit or grand juror;

(2) "physician" includes surgeons, podiatrists, dentists, clinical=20 psychologists, optometrists, chiropractors, and osteopathic = practitioners within=20 the scope of their practice as defined by State law. The term = "physician"=20 includes chiropractors only to the extent that their reimbursable = services are=20 limited to treatment consisting of manual manipulation of the spine to = correct a=20 subluxation as demonstrated by X-ray to exist, and subject to regulation = by the=20 Secretary;

(3) "medical, surgical, and hospital services and supplies" includes = services=20 and supplies by podiatrists, dentists, clinical psychologists, = optometrists,=20 chiropractors, osteopathic practitioners and hospitals within the scope = of their=20 practice as defined by State law. Reimbursable chiropractic services are = limited=20 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=20 Secretary;

(4) "monthly pay" means the monthly pay at the time of injury, or the = monthly=20 pay at the time disability begins, or the monthly pay at the time = compensable=20 disability recurs, if the recurrence begins more than 6 months after the = injured=20 employee resumes regular full-time employment with the United States, = whichever=20 is greater, except when otherwise determined under section 8113 of this = title=20 with respect to any period;

(5) "injury" includes, in addition to injury by accident, a disease=20 proximately caused by the employment, and damage to or destruction of = medical=20 braces, artificial limbs, and other prosthetic devices which shall be = replaced=20 or repaired, and such time lost while such device or appliance is being = replaced=20 or repaired; except that eyeglasses and hearing aids would not be = replaced,=20 repaired, or otherwise compensated for, unless the damages or = destruction is=20 incident to a personal injury requiring medical services;

(6) "widow" means the wife living with or dependent for support on = the=20 decedent at the time of his death, or living apart for reasonable cause = or=20 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=20 employee is under 18 years of age or over that age and incapable of=20 self-support, and include stepbrothers and stepsisters, half brothers = and half=20 sisters, and brothers and sisters by adoption, but do not include = married=20 brothers or married sisters;

(9) "child" means one who at the time of the death of the employee is = under=20 18 years of age or over that age and incapable of self-support, and = includes=20 stepchildren, adopted children, and posthumous children, but does not = include=20 married children;

(10) "grandchild" means one who at the time of the death of the = employee is=20 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=20 decedent at the time of her death, or living apart for reasonable cause = or=20 because of her desertion;

(12) "compensation" includes the money allowance payable to an = employee or=20 his dependents and any other benefits paid for from the Employees' = Compensation=20 Fund, but this does not in any way reduce the amount of the monthly = compensation=20 payable for disability or death;

(13) "war-risk hazard" means a hazard arising during a war in which = the=20 United States is engaged; during an armed conflict in which the United = States is=20 engaged, whether or not war has been declared; or during a war or armed = conflict=20 between military forces of any origin, occurring in the country in which = an=20 individual to whom this subchapter applies is serving; from--

(A) the discharge of a missile, including liquids and gas, or the use = of a=20 weapon, explosive, or other noxious thing by a hostile force or = individual or in=20 combating an attack or an imagined attack by a hostile force or = individual;

(B) action of a hostile force or individual, including rebellion or=20 insurrection against the United States or any of its allies;

(C) the discharge or explosion of munitions intended for use in = connection=20 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=20 navigation; or

(E) the operation of vessels or aircraft in a zone of hostilities or = engaged=20 in war activities;

(14) "hostile force or individual" means a nation, a subject of a = foreign=20 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=20 the United States or any of its allies; or

(C) engaged in a war or armed conflict between military forces of any = origin=20 in a country in which an individual to whom this subchapter applies is=20 serving;

(15) "allies" means any nation with which the United States is = engaged in a=20 common military effort or with which the United States has entered into = a common=20 defensive military alliance;

(16) "war activities" includes activities directly relating to = military=20 operations;

(17) "student" means an individual under 23 years of age who has not=20 completed 4 years of education beyond the high school level and who is = regularly=20 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=20 United States, or by a State or local government or political = subdivision=20 thereof;

(B) a school or college or university which has been accredited by a = State or=20 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=20 accepted, on transfer, by at least three institutions which are so = accredited,=20 for credit on the same basis as if transferred from an institution so=20 accredited; or

(D) an additional type of educational or training institution as = defined by=20 the Secretary of Labor.

Such an individual is deemed not to have ceased to be a student = during an=20 interim between school years if the interim is not more than 4 months = and if he=20 shows to the satisfaction of the Secretary that he has a bona fide = intention of=20 continuing to pursue a full-time course of study or training during the = semester=20 or other enrollment period immediately after the interim or during = periods of=20 reasonable duration during which, in the judgment of the Secretary, he = is=20 prevented by factors beyond his control from pursuing his education. A = student=20 whose 23rd birthday occurs during a semester or other enrollment period = is=20 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=20 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=20 for purposes of this subchapter excludes the brain, heart, and back; = and

(20) "United States medical officers and hospitals" includes medical = officers=20 and hospitals of the Army, Navy, Air Force, Department of Veterans = Affairs, and=20 United States Public Health Service, and any other medical officer or = hospital=20 designated as a United States medical officer or hospital by the = Secretary of=20 Labor.

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