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(a) The United States shall pay compensation as specified by this
subchapter for the disability or death of an employee resulting from
personal injury sustained while in the performance of his duty, unless the
injury or death is--
(1) caused by willful misconduct of the employee;
(2) caused by the employee's intention to bring about the injury or
death of himself or of another; or
(3) proximately caused by the intoxication of the injured employee.
(b) Disability or death from a war-risk hazard or during or as a result
of capture, detention, or other restraint by a hostile force or
individual, suffered by an employee who is employed outside the
continental United States or in Alaska or in the areas and installations
in the Republic of Panama made available to the United States pursuant to
the Panama Canal Treaty of 1977 and related agreements (as described in
section 3(a) of the Panama Canal Act of 1979), is deemed to have resulted
from personal injury sustained while in the performance of his duty,
whether or not the employee was engaged in the course of employment when
the disability or disability resulting in death occurred or when he was
taken by the hostile force or individual. This subsection does not apply
to an individual--
(1) whose residence is at or in the vicinity of the place of his
employment and who was not living there solely because of the exigencies
of his employment, unless he was injured or taken while engaged in the
course of his employment; or
(2) who is a prisoner of war or a protected individual under the Geneva
Conventions of 1949 and is detained or utilized by the United States.
This subsection does not affect the payment of compensation under this
subchapter derived otherwise than under this subsection, but compensation
for disability or death does not accrue for a period for which pay, other
benefit, or gratuity from the United States accrues to the disabled
individual or his dependents on account of detention by the enemy or
because of the same disability or death, unless that pay, benefit, or
gratuity is refunded or renounced.
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