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For the purpose of this subchapter--
(1) "employee" means--
(A) a civil officer or employee in any branch of the Government of the
United States, including an officer or employee of an instrumentality
wholly owned by the United States;
(B) an individual rendering personal service to the United States
similar to the service of a civil officer or employee of the United
States, without pay or for nominal pay, when a statute authorizes the
acceptance or use of the service, or authorizes payment of travel or other
expenses of the individual;
(C) an individual, other than an independent contractor or an individual
employed by an independent contractor, employed on the Menominee Indian
Reservation in Wisconsin in operations conducted under a statute relating
to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of
Columbia; and
(E) an individual appointed to a position on the office staff of a
former President under section 1(b) of the Act of August 25, 1958 (72
Stat. 838);
but does not include--
(i) a commissioned officer of the Regular Corps of the Public Health
Service;
(ii) a commissioned officer of the Reserve Corps of the Public Health
Service on active duty;
(iii) a commissioned officer of the Environmental Science Services
Administration; or
(iv) a member of the Metropolitan Police or the Fire Department of the
District of Columbia who is pensioned or pensionable under sections
521-535 of title 4, District of Columbia Code; and
(F) an individual selected pursuant to chapter 121 of title 28, United
States Code, and serving as a petit or grand juror;
(2) "physician" includes surgeons, podiatrists, dentists,
clinical psychologists, optometrists, chiropractors, and osteopathic
practitioners within the scope of their practice as defined by State law.
The term "physician" includes chiropractors only to the extent
that their reimbursable services are limited to treatment consisting of
manual manipulation of the spine to correct a subluxation as demonstrated
by X-ray to exist, and subject to regulation by the Secretary;
(3) "medical, surgical, and hospital services and supplies"
includes services and supplies by podiatrists, dentists, clinical
psychologists, optometrists, chiropractors, osteopathic practitioners and
hospitals within the scope of their practice as defined by State law.
Reimbursable chiropractic services are limited to treatment consisting of
manual manipulation of the spine to correct a subluxation as demonstrated
by X-ray to exist, and subject to regulation by the Secretary;
(4) "monthly pay" means the monthly pay at the time of injury,
or the monthly pay at the time disability begins, or the monthly pay at
the time compensable disability recurs, if the recurrence begins more than
6 months after the injured employee resumes regular full-time employment
with the United States, whichever is greater, except when otherwise
determined under section 8113 of this title with respect to any period;
(5) "injury" includes, in addition to injury by accident, a
disease proximately caused by the employment, and damage to or destruction
of medical braces, artificial limbs, and other prosthetic devices which
shall be replaced or repaired, and such time lost while such device or
appliance is being replaced or repaired; except that eyeglasses and
hearing aids would not be replaced, repaired, or otherwise compensated
for, unless the damages or destruction is incident to a personal injury
requiring medical services;
(6) "widow" means the wife living with or dependent for
support on the decedent at the time of his death, or living apart for
reasonable cause or because of his desertion;
(7) "parent" includes stepparents and parents by adoption;
(8) "brother" and "sister" mean one who at the time
of the death of the employee is under 18 years of age or over that age and
incapable of self-support, and include stepbrothers and stepsisters, half
brothers and half sisters, and brothers and sisters by adoption, but do
not include married brothers or married sisters;
(9) "child" means one who at the time of the death of the
employee is under 18 years of age or over that age and incapable of
self-support, and includes stepchildren, adopted children, and posthumous
children, but does not include married children;
(10) "grandchild" means one who at the time of the death of
the employee is under 18 years of age or over that age and incapable of
self-support;
(11) "widower" means the husband living with or dependent for
support on the decedent at the time of her death, or living apart for
reasonable cause or because of her desertion;
(12) "compensation" includes the money allowance payable to an
employee or his dependents and any other benefits paid for from the
Employees' Compensation Fund, but this does not in any way reduce the
amount of the monthly compensation payable for disability or death;
(13) "war-risk hazard" means a 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
in the country in which an individual to whom this subchapter applies is
serving; from--
(A) the discharge of a missile, including liquids and gas, or the use of
a weapon, explosive, or other noxious thing by a hostile force or
individual or in combating an attack or an imagined attack by a hostile
force or individual;
(B) action of a hostile force or individual, including rebellion or
insurrection against the United States or any of its allies;
(C) the discharge or explosion of munitions intended for use in
connection with a war or armed conflict with a hostile force or
individual;
(D) the collision of vessels on convoy or the operation of vessels or
aircraft without running lights or without other customary peacetime aids
to navigation; or
(E) the operation of vessels or aircraft in a zone of hostilities or
engaged in war activities;
(14) "hostile force or individual" means a nation, a subject
of a foreign nation, or an individual serving a foreign nation--
(A) engaged in a war against the United States or any of its allies;
(B) engaged in armed conflict, whether or not war has been declared,
against the United States or any of its allies; or
(C) engaged in a war or armed conflict between military forces of any
origin in a country in which an individual to whom this subchapter applies
is serving;
(15) "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;
(16) "war activities" includes activities directly relating to
military operations;
(17) "student" means an individual under 23 years of age who
has not completed 4 years of education beyond the high school level and
who is regularly pursuing a full-time course of study or training at an
institution which is--
(A) a school or college or university operated or directly supported by
the United States, or by a State or local government or political
subdivision thereof;
(B) a school or college or university which has been accredited by a
State or by a State-recognized or nationally recognized accrediting agency
or body;
(C) a school or college or university not so accredited but whose
credits are accepted, on transfer, by at least three institutions which
are so accredited, for credit on the same basis as if transferred from an
institution so accredited; or
(D) an additional type of educational or training institution as defined
by the Secretary of Labor.
Such an individual is deemed not to have ceased to be a student during
an interim between school years if the interim is not more than 4 months
and if he shows to the satisfaction of the Secretary that he has a bona
fide intention of continuing to pursue a full-time course of study or
training during the semester or other enrollment period immediately after
the interim or during periods of reasonable duration during which, in the
judgment of the Secretary, he is prevented by factors beyond his control
from pursuing his education. A student whose 23rd birthday occurs during a
semester or other enrollment period is deemed a student until the end of
the semester or other enrollment period;
(18) "price index" means the Consumer Price Index (all
items--United States city average) published monthly by the Bureau of
Labor Statistics; and
(19) "organ" means a part of the body that performs a special
function, and for purposes of this subchapter excludes the brain, heart,
and back; and
(20) "United States medical officers and hospitals" includes
medical officers and hospitals of the Army, Navy, Air Force, Department of
Veterans Affairs, and United States Public Health Service, and any other
medical officer or hospital designated as a United States medical officer
or hospital by the Secretary of Labor.
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