Page:United States Statutes at Large Volume 56 Part 1.djvu/1060

This page needs to be proofread.

[56 STAT. PUBLIC LAWS-CH. 668-DEC. 2 , 1942 medical, hospital, or other similar costs for treatment and care; and reasonable and necessary claims expense in connection therewith. Filing of claims. Claim for such reimbursement shall be filed with the Commission under regulations promulgated by it, and such claims, or such part thereof as may be allowed by the Commission, shall be paid from the 35. s.c 49.785. compensation fund established under section 35 of such Act of Sep- Direct payment m tember 7, 1916, as amended. The Commission may, under such regu- euofrembursement. lations as it 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 estab- lished under section 35 of such Act of September 7, 1916, as amended. use of private or The Commission may also, under such regulations as it shall prescribe, for treatment or care. use any private facilities, or such Government facilities as may be available, for the treatment or care of any person entitled thereto. Exception. (b) No reimbursement shall be made under this title in any case in which the Commission 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. RECEIPT OF WORKMEN'S COMPENSATION BENEFITS Reistiction neitg SEO. 105. (a) No benefits shall be paid or furnished under the pro- other ne visions of this title for injury or death to any person who recovers or receives workmen's compensation benefits for the same injury or death under any other law of the United States, or under the law of any State, Territory, possession, foreign country, or other jurisdiction, or benefits in the nature of workmen's compensation benefits payable under an agreement approved or authorized by the United States pur- suant to which a contractor with the United States has undertaken to provide such benefits. Lien and right of (b) The Commission shall have a lien and a right of recovery, to re c ove ry. the extent of any payments made under this title on account of injury or death, against any compensation payable under any other work- men's compensation law on account of the same injury or death; and any amounts recovered under this subsection shall be covered into the 39 Stat. 749. fund established under section 35 of such Act of September 7, 1916, as U.S . . amended. Credits. (c) Where any person specified in section 101 (a), or the depend- ent, beneficiary, or allottee of such person, receives or claims wages payments in lieu of wages, insurance benefits for disability or loss of life (other than workmen's compensation benefits), and the cost of such wages, payments, or benefits is provided in whole or in part by the United States, the amount of such wages, payments, or benefits shall be credited, in such manner as the Commission shall determine, against any payments to which any such person is entitled under this title. Nationals of foreign (d) Where a national of a foreign government is entitled to bene- goverents. fits on account of injury or death resulting from a war-risk hazard, under the laws of his native country or any other foreign country, the benefits of this title shall not apply. benefits forprior sec (e) If at the time a person sustains an injury coming within the dent or dsese purview of this title said person is receiving workmen's compensation benefits on account of a prior accident or disease, said person shall not be entitled to any benefits under this title during the period covered by such workmen's compensation benefits unless the injury from a 1032