Where any employer or his insurance carrier or compensation fund pays or is required to pay benefits-
such employer, carrier, or fund shall be entitled to be reimbursed for all benefits so paid or payable, including funeral and burial expenses, medical, hospital, or other similar costs for treatment and care; and reasonable and necessary claims expense in connection therewith. Claim for such reimbursement shall be filed with the Secretary under regulations promulgated by him, and such claims, or such part thereof as may be allowed by the Secretary, shall be paid from the compensation fund established under section 8147 of title 5. The Secretary may, under such regulations as he shall prescribe, pay such benefits, as they accrue and in lieu of reimbursement, directly to any person entitled thereto, and the insolvency of such employer, insurance carrier, or compensation fund shall not affect the right of the beneficiaries of such benefits to receive the compensation directly from the said compensation fund established under section 8147 of title 5. The Secretary may also, under such regulations as he shall prescribe, use any private facilities, or such Government facilities as may be available, for the treatment or care of any person entitled thereto.
No reimbursement shall be made under this subchapter in any case in which the Secretary finds that the benefits paid or payable were on account of injury, detention, or death which arose from a war-risk hazard for which a premium (which included an additional charge or loading for such hazard) was charged.
The provisions of this section shall not apply with respect to benefits on account of any injury or death occurring within any State.
42 U.S.C. § 1704
EDITORIAL NOTES
CODIFICATIONIn subsec. (a), "section 8147 of title 5" substituted for "section 35 of such Act of September 7, 1916, as amended", on authority of Pub. L. 89-554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
AMENDMENTS1959-Subsec. (c). Pub. L. 86-70 added subsec. (c).1958-Subsec. (a)(3). Pub. L. 85-608 substituted "a hostile force or person" for "the enemy".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-70 effective June 25, 1959, see section 47(g) of Pub. L. 86-70 set out as a note under section 1651 of this title.
EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-608 effective June 30, 1958, see section 402 of Pub. L. 85-608 set out as a note under section 1651 of this title.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONSFor transfer of functions to Secretary of Labor, see note set out under section 1711 of this title.
- Secretary
- The term "Secretary" means the Secretary of Labor.
- hostile force or person
- The term "hostile force or person" means any nation, any subject of a foreign nation, or any other person serving a foreign nation (1) engaged in a war against the United States or any of its allies, (2) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies, or (3) engaged in a war or armed conflict between military forces of any origin in any country in which a person covered by this chapter is serving.