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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the War Hazards Compensation Act, As Amended |
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| Detention Benefits |
20 CFR 61.300 - Payment of detention benefits.
- Section Number: 61.300
- Section Name: Payment of detention benefits.
(a) The Office shall pay detention benefits to any person listed in
Sec. 61.1(a) who is detained by a hostile force or person, or who is not
returned to his or her home or to the place of employment by reason of
the failure of the United States or its contractor to furnish
transportation. Benefits are payable for periods of absence on and
subsequent to January 1, 1942, regardless of whether the employee was
actually engaged in the course of his or her employment at the time of
capture or disappearance.
(b) For the purposes of paying benefits for detention, the employee
is considered as totally disabled until the time that the employee is
returned to his or her home, to the place of employment, or to the
jurisdiction of the
United States. The Office shall credit the compensation benefits to the
employee's account, to be paid to the employee for the period of the
absence or until the employee's death is in fact established or can be
legally presumed to have occurred. A part of the compensation accruing
to the employee may be disbursed during the period of absence to the
employee's dependents.
(c) During the period of absence of any employee detained by a
hostile force or person, detention benefits shall be credited to the
employee's account at one hundred percent of his or her average weekly
wages. The average weekly wages may not exceed the average weekly wages
paid to civilian employees of the United States performing the same or
most similar employment in that geographic area. If there are eligible
dependents, the Office may pay to these dependents seventy percent of
the credited benefits.
(d) The Office may not pay detention benefits under any of the
following conditions:
(1) The employee resides at or in the vicinity of the place of
employment, does not live there solely due to the exigencies of the
employment, and is detained under circumstances outside the course of
the employment.
(2) The person detained is a prisoner of war detained or utilized by
the United States.
(3) Workers' compensation benefits from any other source or other
payments from the United States are paid for the same period of absence
or detention.
(4) The person seeking detention benefits is a national of a foreign
country and is entitled to compensation benefits from that or any other
foreign country on account of the same absence or detention.
(5) The employee has been convicted in a court of competent
jurisdiction of any subversive act against the United States or any of
its allies.
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