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5 U.S.C. § 8124Findings and award; hearings

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 246 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary of Labor decide federal workers' compensation claims. The Secretary reviews evidence and issues findings and an award. Unhappy claimants can request an informal hearing within 30 days.

(a) The Secretary of Labor must determine and make a finding of facts, and issue an award for or against paying compensation under this subchapter. This happens after: (1) considering the claim the beneficiary submitted and the report from the immediate supervisor; and (2) completing whatever investigation the Secretary considers necessary. (b) (1) Before further review under section 8128(a), a claimant who is not satisfied with the Secretary's decision under subsection (a) is entitled to a hearing before a representative of the Secretary, if the claimant requests one within 30 days after the decision is issued. At the hearing, the claimant may present more evidence supporting their claim. Within 30 days after the hearing ends, the Secretary must notify the claimant, in writing, of any further decision, any changes made to the award, and the basis for that decision. (2) In running the hearing, the Secretary's representative is not bound by common-law or statutory rules of evidence, technical or formal procedural rules, or section 554 of this title, except as this subchapter provides. Instead, the representative may conduct the hearing in whatever way best determines the claimant's rights — receiving relevant evidence the claimant offers, plus any other evidence the representative decides is necessary or useful for evaluating the claim.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after—

(1)

considering the claim presented by the beneficiary and the report furnished by the immediate superior; and

(2)

completing such investigation as he considers necessary.

(b)
(1)

Before review under section 8128(a) of this title, a claimant for compensation not satisfied with a decision of the Secretary under subsection (a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary. At the hearing, the claimant is entitled to present evidence in further support of his claim. Within 30 days after the hearing ends, the Secretary shall notify the claimant in writing of his further decision and any modifications of the award he may make and of the basis of his decision.

(2)

In conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 554 of this title except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he shall receive such relevant evidence as the claimant adduces and such other evidence as he determines necessary or useful in evaluating the claim.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545; Pub. L. 90–83, § 1(58), Sept. 11, 1967, 81 Stat. 210.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 545
  • 1967Amended · Pub. L. 90-83 · 81 Stat. 210

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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