§ 8126. Subpenas; oaths; examination of witnesses

The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may

(1) issue subpenas for and compel the attendance of witnesses within a radius of 100 miles;

(2) administer oaths;

(3) examine witnesses; and

(4) require the production of books, papers, documents, and other evidence.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)

§ 8127. Representation; attorneys' fees

(a) A claimant may authorize an individual to represent him in any proceeding under this subchapter before the Secretary of Labor.

(b) A claim for legal or other services furnished in respect to a case, claim, or award for compensation under this subchapter is valid. only if approved by the Secretary. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)

§ 8128. Review of award

(a) The Secretary of Labor may review an award for or agains payment of compensation at any time on his own motion or on appli cation. The Secretary, in accordance with the facts found on review may

(1) end, decrease, or increase the compensation previously awarded; or

(2) award compensation previously refused or discontinued (b) The action of the Secretary or his designee in allowing or deny ing a payment under this subchapter is

(1) final and conclusive for all purposes and with respect t all questions of law and fact; and

(2) not subject to review by another official of the Unite States or by a court by mandamus or otherwise.

Credit shall be allowed in the accounts of a certifying or disbursin; official for payments in accordance with that action. (Pub. L. 89-55 Sept. 6, 1966, 80 Stat. 545.)

§ 8129. Recovery of overpayments

(a) When an overpayment has been made to an individual unde this subchapter because of an error of fact or law, adjustment sha be made under regulations prescribed by the Secretary of Labor b decreasing later payments to which the individual is entitled. If th individual dies before the adjustment is completed, adjustment sha be made by decreasing later benefits payable under this subchapte with respect to the individual's death.

(b) Adjustment or recovery by the United States may not be mac when incorrect payment has been made to an individual who is withou fault and when adjustment or recovery would defeat the purpose c this subchapter or would be against equity and good conscience. (c) A certifying or disbursing official is not liable for an amou certified or paid by him when

(1) adjustment or recovery of the amount is waived und subsection (b) of this section; or

1

(2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.

Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546.)

8130. Assignment of claim

An assignment of a claim for compensation under this subchapter void. Compensation and claims for compensation are exempt from laims of creditors. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546.)

$8131. Subrogation of the United States

(a) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability n a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to

(1) assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or

(2) prosecute the action in his own name.

An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged. (b) A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter.

(c) The Secretary may prosecute or compromise a cause of action ssigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of The Employees' Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.

(d) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation

(1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or

(2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company.

Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546, amended Pub. L. 90-83, 1(60), Sept. 11, 1967, 81 Stat. 211.)

8132. Adjustment after recovery from a third person

If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a benefici

ary entitled to compensation from the United States for that injury o death receives money or other property in satisfaction of that liabilit as the result of suit or settlement by him or in his behalf, the benefic ary, after deducting therefrom the costs of suit and a reasonable atto ney's fee, shall refund to the United States the amount of compensatio paid by the United States and credit any surplus on future payment of compensation payable to him for the same injury. No court, insure attorney, or other person shall pay or distribute to the beneficiary his designee the proceeds of such suit or settlement without first sati fying or assuring satisfaction of the interest of the United States. Th amount refunded to the United States shall be credited to the En ployees' Compensation Fund. If compensation has not been paid to th beneficiary, he shall credit the money or property on compensatio payable to him by the United States for the same injury. Howeve the beneficiary is entitled to retain at least one-fifth of the net amour of the money or other property remaining after the expenses of a su or settlement have been deducted; and in addition to this minimu and at the time of distribution an amount equivalent to a reasonab attorney's fee proportionate to the refund to the United States. (Pu L. 89-554, Sept. 6, 1966, 80 Stat. 547, amended Pub. L. 90-83, § 1(61 Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, § 15, Sept. 7, 1974, Stat. 1147.)

§ 8133. Compensation in case of death

(a) If death results from an injury sustained in the performance duty, the United States shall pay a monthly compensation equal to percentage of the monthly pay of the deceased employee in accordan with the following schedule:

(1) To the widow or widower, if there is no child, 50 percer (2) To the widow or widower, if there is a child, 45 perce and in addition 15 percent for each child not to exceed a tot of 75 percent for the widow or widower and children.

(3) To the children, if there is no widow or widower, 40 pe cent for one child and 15 percent additional for each addition child not to exceed a total of 75 percent, divided among the chi dren share and share alike.

(4) To the parents, if there is no widow, widower, or child, follows

(A) 25 percent if one parent was wholly dependent on t employee at the time of death and the other was not depen ent to any extent;

(B) 20 percent to each if both were wholly dependent: (C) a proportionate amount in the discretion of the S retary of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentag are payable as, when added to the total percentages payable to t widow, widower, and children, will not exceed a total of percent.

(5) To the brothers, sisters, grandparents, and grandchildre if there is no widow, widower, child, or dependent parent, follows

(A) 20 percent if one was wholly dependent on the e ployee at the time of death;

(B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or

(C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike.

If there is a widow, widower, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent.

(b) The compensation payable under subsection (a) of this section paid from the time of death until

(1) a widow, or widower dies or remarries before reaching age 60;

(2) a child, a brother, a sister, or a grandchild dies or marries or becomes 18 years of age, or if over age 18 and incapable of selfsupport becomes capable of self-support; or

(3) a parent or grandparent dies or marries or ceases to be dependent.

Notwithstanding paragraph (2) of this subsection, compensation payable to or for a child, a brother or sister, or a grandchild that would xherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined by Section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries. A widow r widower who has entitlements to benefits under this title derived from more than one husband or wife shall elect one entitlement to be tilized.

(c) On the cessation of compensation under this section to or on account of an individual, the compensation of the remaining individals entitled to compensation for the unexpired part of the period during which their compensation is payable, is that which they would bave received if they had been the only individuals entitled to compensation at the time of the death of the employee.

(d) When there are two or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Secretary may modify the apportionment to meet the requirements of the case.

(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS-2. However, the total monthly compensation may not exceed

(1) the monthly pay computed under section 8114 of this title, except for increases authorized by section 8146a of this title; or (2) 75 percent of the monthly pay of the maximum rate of basic pay for GS-15.

(f) Notwithstanding any funeral and burial expenses paid under section 8134, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of section $101(1) of this title for reimbursement of the costs of termination of the decedent's status as an employee of the United States. (Pub. L. 9-554, Sept. 6, 1966, 80 Stat. 547, amended Pub. L. 90-83, § 1(62), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, §§ 16(a), 17, 18, Sept. 7, 1974, 88 Stat. 1147-48.)

§ 8134. Funeral expenses; transportation of body

(a) If death results from an injury sustained in the performance duty, the United States shall pay, to the personal representative the deceased or otherwise, funeral and burial expenses not to excee $800, in the discretion of the Secretary of Labor.

(b) The body of an employee whose home is in the United States, i the discretion of the Secretary, may be embalmed and transported in hermetically sealed casket to his home or last place of residence at th expense of the Employees' Compensation Fund if—

(1) the employee dies from

(A) the injury while away from his home or official statio or outside the United States; or

(B) from other causes while away from his home or officia station for the purpose of receiving medical or other service appliances, supplies, or examination under this subchapter and

(2) the relatives of the employee request the return of his bod If the relatives do not request the return of the body of the employe the Secretary may provide for its disposition and incur and pay fro the Employees' Compensation Fund the necessary and reasonab transportation, funeral, and burial expenses. (Pub. L. 89-554, Sept. 1966, 80 Stat. 548.)

§ 8135. Lump-sum payment

(a) The liability of the United States for compensation to a ben ficiary in the case of death or of permanent total or permanent parti disability may be discharged by a lump-sum payment equal to th present value of all future payments of compensation computed 4 percent true discount compounded annually if -

(1) the monthly payment to the beneficiary is less than $50 month;

(2) the beneficiary is or is about to become a nonresident of th United States; or

(3) the Secretary of Labor determines that it is for the be interest of the beneficiary.

The probability of the death of the beneficiary before the expiratic of the period during which he is entitled to compensation shall b determined according to the most current United States Life Table as developed by the United States Department of Health, Educatio and Welfare, which shall be updated from time to time, but the lum) sum payment to a widow or widower of the deceased employee may ne exceed 60 months' compensation. The probability of the happening any other contingency affecting the amount or duration of compens. tion shall be disregarded.

(b) On remarriage, before reaching age 60 a widow or widow entitled to compensation under section 8133 of this title, shall be paid lump sum equal to twenty-four times the monthly compensation pa ment (excluding compensation on account of another individual): which he was entitled immediately before the remarriage. (Pub. 89-554, Sept. 6, 1966, 80 Stat. 548, amended Pub. L. 90-83, § 1(63) Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, §§ 16(b), 19, 20, Sept. 1974, 88 Stat. 1149.)