§ 61.4. Definitions and use of terms.
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/us/cfr/t20/s§ 61.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For the purpose of this part—
(a)The Act means the War Hazards Compensation Act, 42 U.S.C. 1701 et seq., as amended.
(b)Office or OWCP means the Office of Workers' Compensation Programs, Employment Standards Administration, United States Department of Labor.
(c)Contractor with the United States includes any contractor, subcontractor or subordinate subcontractor.
(d)Carrier means any payer of benefits for which reimbursement is requested under the Act, and includes insurance carriers, self-insured employers and compensation funds.
(e)War-risk hazard means any hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring within any country in which a person covered by the Act is serving; from—
(1)The discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by a hostile force or person or in combating an attack or an imagined attack by a hostile force or person;
(2)Action of a hostile force or person, including rebellion or insurrection against the United States or any of its allies;
(3)The discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or person (except with respect to employees of a manufacturer, processor, or transporter of munitions during the manufacture, processing, or transporting of munitions, or while stored on the premises of the manufacturer, processor, or transporter);
(4)The collision of vessels in convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or
(5)The operation of vessels or aircraft in a zone of hostilities or engaged in war activities.
(f)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 the Act is serving.
(g)Allies means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance.
(h)War activities includes activities directly relating to military operations.
(i)Continental United States means the States and the District of Columbia.
(j)Injury means injury resulting from a war-risk hazard, as defined in this section, whether or not such injury occurred in the course of the person's employment, and includes any disease proximately resulting from a war-risk hazard.
(k)Death means death resulting from an injury, as defined in this section.
(l)The terms compensation, physician, and medical, surgical, and hospital services and supplies when used in subparts D and E are construed and applied as defined in the Federal Employees' Compensation Act, as amended (5 U.S.C. 8101 et seq.).
(m)The terms disability, wages, child, grandchild, brother, sister, parent, widow, widower, student, adoption or adopted are construed and applied as defined in the Longshore and Harbor Workers' Compensation Act, as amended (35 U.S.C. 901 et seq.).
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- 35 USC 901
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