such other information as may bear upon the advisability of approving the agreed settlement. as provided in the regulations in this part. The amount of such security so to be fixed and required by the Commission shall be such as the Commission (d) Section 8 (i) was intended to shall deem to be necessary and sufficient furnish a legal basis for agreement as to secure the performance by the applito the payment of compensation for cant of all obligations by the said Act probable future disability, principally imposed upon him as an employer, but in cases in which the symptoms of dis- shall not be less than $10,000 in the case ability are largely subjective, the ex- of any one employer. In fixing the tent of loss of wage-earning capacity amount of such security the Commission due to such disability is difficult to de- will take into account the financial termine, and where the compensation standing of the employer, the nature of rate is likely to fluctuate and be subject the work in which he is engaged, the to change over long periods of time. hazard of the work in which the emThis section was not intended to fur- ployees are employed, the pay-roll exnish generally a basis for the settle-posure, and the accident experience as ment of claims or as a mere convenience shown in the application and the Comin disposing of cases. (Sec. 39, 44 Stat. mission's records, and any other facts 1442; 33 U.S.C. 939) [As added Apr. 20, which it may deem pertinent. Addi1939; 4 F.R. 1698] tional security may be required at any time in the discretion of the Commission. The indemnity bond which is required by the regulations in this part shall be in such form, and shall contain such provisions, as the Commission may prescribe: Provided, That only corporations may act as sureties on such indemnity bonds. In each case in which the surety on any such bond is a surety company, such company must be one approved by the United States Treasury Department under the laws of the United States and the applicable rules and regulations governing bonding companies. (Sec. 39, 44 Stat. 1442; 33 U.S.C. 939) [As amended Apr. 20, 1939; 4 F.R. 1699] PART 33-AUTHORIZATION OF SELF-INSURERS § 33.5 Decision upon application of employer; furnishing of indemnity bond or deposit of negotiable securities required. The applicant for the privilege of self-insurance, as a condition precedent to receiving authorization to act as a self-insurer, shall give security for the payment of compensation and the discharge of all other obligations under the said Act, in the amount fixed by the Commission, which may be in the form of an indemnity bond with sureties satisfactory to the Commission, or of a deposit of negotiable securities panies acceptable on Federal bonds, see 31 CROSS REFERENCE: For list of surety comCFR Part 226. Subchapter D-District of Columbia Workmen's Compensation Law PART 41-GENERAL ADMINISTRATIVE PROVISIONS under this subchapter. Except where otherwise indicated, the references in these regulations to sections of the Act $ 41.1 General administrative provi- will be to sections of the Longshoremen's sions; definitions; interpretation of stat- and Harbor Workers' Compensation Act. ute. (a) Every person subject to, claim- The term "Commission" as used in this ing benefits under, or acting under, the subchapter means the United States Emprovisions of the Longshoremen's and ployees' Compensation Commission. The Harbor Workers' Compensation Act (44 other definitions appearing in section 2 Stat. 1424; 33 U.S.C. Chapter 18) of the Longshoremen's Act, except the made applicable to the District of Colum- definitions of "employer" and "embia by the Act of Congress approved May ployee," shall be applicable with respect 17, 1928 (45 Stat. 600; 19 D. C. Code, to the regulations promulgated under 11, 12), shall conform to the procedure this subchapter. The responsibility for prescribed therein and in the regulations the administration of the said Act is as with the approval of the Commission, transfer such case to any other deputy commissioner for the purpose of making investigation, taking testimony, making physical examinations or taking such other necessary action therein as may committed therein to the Commission, with him, the deputy commissioner may, which administers the Act through a deputy commissioner appointed by it for the District of Columbia. Except in cases in which the said Act otherwise requires, action upon claims shall be taken by the said deputy commissioner in conformity with law and the regulations in this subchapter. In the absence of controlling court decisions, the said deputy commissioner shall conform with the interpretation of the said Act by the Commission by regulation or otherwise, and such interpretation shall be binding upon him until held invalid by controlling judicial authority. (b) The said Act applies in respect to the injury or death of an employee of an employer carrying on any employment in the District of Columbia, irrespective of the place where the injury or death occurs. The term "employer" means every person carrying on any employment in the District of Columbia, and the term "employee" means every employee of any such person. (c) The said Act does not apply in respect to the injury or death of (1) a master or member of a crew of any vessel; (2) an employee of a common carrier by railroad when engaged in interstate or foreign commerce or commerce solely within the District of Columbia; (3) an employee subject to the provisions of the Act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, as amended; (4) an employee engaged in agriculture, domestic service, or any employment that is casual and not in the usual course of the trade, business, occupation, or profession of the employer; and (5) any secretary, stenographer, or other person performing any services in the office of any Member of Congress or under the direction, employment, or at the request of any Member of Congress, within the scope of the duties performed by secretaries, stenographers, or such employees of Members of Congress. (Sec. 39, 44 Stat. 1442, 45 Stat. 600; 33 U.S.C. 939, 19 D. C. Code 11, 12) [As amended Apr. 20, 1939; 4 F.R. 1699] § 41.22 Transfer of cases. (a) At any time after a claim has been filed be directed. (b) Request for approval of such a transfer of a case may be made by letter to the Commission in which the deputy commissioner shall set forth fully the purpose of such transfer. If such transfer should be approved by the Commission, the deputy commissioner making the transfer shall by letter to the deputy commissioner to whom the case is transferred, give such advice, comments, suggestions or directions as may be needed under the circumstances of the particular case, transmitting to the Commission a copy of such letter. The file of the deputy commissioner, including transcripts of testimony, may be sent to the deputy commissioner to whom the case is transferred, if necessary, for proper action by him. All official papers should be sent by registered mail. (Sec. 39, 44 Stat. 1442, 45 Stat. 600; 33 U.S.C. 939, 19 D. C. Code 11, 12) [As amended Apr. 20, 1939; 4 F.R. 1699] § 41.24 Agreed settlements. (a) In cases under section 8 (c) (21) and section 8 (e) of said Act, whenever the deputy commissioner determines that it is for the best interests of an injured employee entitled to compensation, he may, with the approval of the Commission, approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of section 15 (b) and section 16 of said Act: Provided, That the sum so agreed upon shall be payable in instalments as provided in section 14 (b) of said Act, which instalments shall be subject to commutation under section 14 (j) of said Act: And provided further, That if the employee should die from causes other than the injury after the Commission has approved an agreed settlement, the suin so approved shall be payable, in the manner herein prescribed, to and for the benefit of the persons enumerated in section 8 (d) of said Act. (b) Application for approval of an agreed settlement under section 8 (i) of the said Act shall be made in writing to the deputy commissioner by the parties in interest. The application shail set forth fully all facts necessary to disclose the status of the case and the reason for seeking approval of an agreed settlement under said section, as well as the specific terms of such agreed settlement, and shall be accompanied by a report of cxamination of the employee, if a recent report is not of record in the office of the deputy commissioner. Such application, including all supporting papers, shall be submitted in duplicate. wage-earning capacity due to such disability is difficult to determine, and where the compensation rate is likely to fluctuate and be subject to change over long periods of time. This section was not intended to furnish generally a basis for the settlement of claims or as a mere convenience in disposing of cases. (Sec. 39, 44 Stat. 1442, 45 Stat. 600; 33 U.S.C. 939. 19 D. C. Code 11, 12) [As added Apr. 20, 1939; 4 F.R. 1700] PART 43-AUTHORIZATION OF § 43.5 Decision upon application of (c) If the case is one coming within the employer; furnishing of indemnity bond purview of section 8 (c) (21) or section or deposit of negotiable securities 8 (e) of said Act, and the deputy ccm- required. The applicant for the privimissioner should determine that the pro-lege of self-insurance, as a condition posed agreed settlement according to precedent to receiving authorization to such application is for the best interests act as a self-insurer, shall give security of the injured employee, the deputy com- for the payment of compensation and missioner shall transmit to the Commis- the discharge of all other obligations sion a copy of the proposed agreed set-under the said law, in the amount fixed tlement, together with a statement of his by the Commission, which may be in recommendation to such effect. The dep- the form of an indemnity bond with uty commissioner shall transmit to the sureties satisfactory to the Commission, Commission his complete file in the case. or of a deposit of negotiable securities If the disability as found in the last comas provided in the regulations in this pensation order filed in the case is not part. The amount of such security so to of such character and quality as to bring be fixed and required by the Commission the case within the purview of section shall be such as the Commission shall 8 (c) (21) or section 8 (e), the deputy deem to be necessary and sufficient to secommissioner shall file a compensation cure the performance by the applicant of order making necessary findings of fact all obligations by the said law imposed relative to the character and quality of upon him as an employer, but shall disability and to the current wage-earn- not be less than $15,000, if an indemnity ing capacity of the employee. If such bond is filed, or $10,000, if negotiable course is not practical, the deputy com- securities are deposited, in the case of missioner may in his communication ad- any one employer. In fixing the amount vise the Commission with respect to the of such security the Commission will probable character and quality of disa- take into account the financial standing bility according to the most recent evi- of the employer, the nature of the work dence received and shall inform the in which he is engaged, the hazard of Commission of the probable current the work in which the employees are wage-earning capacity of the employee. employed, the pay-roll exposure, and With such recommendation the deputy the accident experience as shown in the commissioner shall submit such other in- application and the Commission's recformation as may bear upon the advis-ords, and any other facts which it may ability of approving the agreed settle ment. (d) Section 8 (i) was intended to furnish a legal basis for agreement as to the payment of compensation for probable future disability, principally in cases in which the symptoms of disability are largely subjective, the extent of loss of deem pertinent. Additional security may be required at any time in the discretion of the Commission. The indemnity bond which is required by the regulations in this part shall be in such form, and shall contain such provisions, as the Commission may prescribe: Provided, That only corporations may act as In erning bonding companies. (Sec. 39, 44 sureties on such indemnity bonds. CROSS REFERENCE: For list of surety com panies acceptable on Federal bonds, see 31 CHAPTER II-RAILROAD RETIREMENT BOARD Subchapter A-Regulations Under the Railroad Retirement Act PART 210-EXECUTION AND FILING | personally by the applicant in his usual OF AN APPLICATION § 210.2 Application to be filed. No individual, irrespective of his qualifications, shall receive an annuity under the 1935 or 1937 Act unless he has, on or before the date of his death, filed with the office of the Board, in Washington, D. C., or filed with a Regional Office of the Board, a duly executed application, upon such application form as the Board may from time to time provide; Provided, however, That a claim or application filed with the Social Security Board, whether before or after the adoption of this regulation, for a lump sum payment under section 204 (a) of Title II of the Social Security Act (49 Stat. 624; 42 U.S.C., Sup., 404 (a)) based in whole or in part on service with an employer under the Railroad Retirement Act of 1935 or 1937 which service had not at the time of such filing been determined by the Board to be service with an employer shall be an application for an annuity filed with the Railroad Retirement Board as of the date on which such claim or application was filed with the Social Security Board. (Secs. 2, 10, 50 Stat. 309, 314; 45 U.S.C., Sup., 228b, 228j) [As amended by Board order 39-487, July 25, 1939, effective Aug. 1, 1939; 4 F.R. 35291 § 210.3 Filing date. An application, filed in a manner and form prescribed in § 210.2, shall be considered filed with the Board as of the date that it is received by the Board in Washington, D. C., or the date that it is received by a Regional Office of the Board, whichever date is earlier. (Secs. 2, 10, 50 Stat. 309, 314; 45 U.S.C., Sup., 228b, 228j) [As amended by Board order 39-487, July 25, 1939, effective Aug. 1, 1939; 4 F.R. 3529] § 210.4 Signature on application form. The application form shall be signed manner: Provided, however, That if the applicant is unable to sign his name because of physical inability or illiteracy, he shall then make his mark (X) and a witness shall affix the applicant's name. In every case the signature or mark shall either be executed and authenticated in such manner as the form provided may indicate or shall be executed before and authenticated by an employee of the Board duly designated and authorized to perform such services. In the event that the signature or any written portion of the application form is, within the judgment of the Board, substantially illegible or of doubtful authenticity, or if in the judgment of the Board there are substantial omissions in the application form, the Board may require its or correction: reexecution Provided, however, That such reexecuted or corrected application form shall be returned and shall be received by the Board within 30 days after notice to correct such deficiency is mailed to the address the applicant has given in the application form; otherwise, the filing date of the application shall be the date when such corrected or reexecuted application form is received by the Board. 2, 10, 50 Stat. 310, 314; 45 U.S.C., Sup., 228b, 228j) [As amended by Board order 39-491, July 27, 1939, effective Aug. 1, 1939; 4 F.R. 35291 (Secs. PART 222-DEFINITION AND CREDITABILITY OF COMPENSATION § 222.5 Verification of compensation claimed. NOTE: Paragraph (b) of this section was thereof, by Board order 39-655, Oct. 19, 1939, amended by deleting the proviso at the end effective June 1, 1938; 4 F.R. 4358. |