(a) In computing any period of time prescribed or allowed, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a federal legal holiday, or, when the act to be done is a filing with the PSOB Office, a day on which weather or other conditions have caused that Office to be closed or inaccessible, in which event the period runs until the end of the next day that is not one of the aforedescribed days.
(b) Except as provided in paragraph (g) of this section, a filing is deemed filed with the PSOB Office, a Hearing Officer, the Director, or any other OJP office, -officer, -employee, or -agent, only on the day that it actually is received at the office of the same. When a filing is prescribed to be filed with more than one of the foregoing, it shall be deemed filed as of the day the last such one so receives it.
(c) Except as provided in paragraph (g) of this section, notice is served by the PSOB Office upon an individual on the day that it is—
(1) Mailed, by U.S. mail, addressed to the individual (or to his representative) at his (or his representative's) last address known to such Office; or
(2) Delivered to a courier or other delivery service, addressed to the individual (or to his representative) at his (or his representative's) last address known to such Office.
(d) In the event of withdrawal or abandonment of a filing, the time periods prescribed for the filing thereof shall not be tolled, unless, for good cause shown, the Director grants a waiver.
(e) No claim may be filed (or approved) under the Act, at 34 U.S.C. 10281(a) or (b), with respect to an injury, if a claim under the Act, at 34 U.S.C. 10286 or Public Law 107-37, has been approved, with respect to the same injury.
(f) No claim may be filed (or approved) under the Act, at 34 U.S.C. 10286 or Public Law 107-37, with respect to an injury, if a claim under the Act, at 34 U.S.C. 10281(a) or (b), has been approved, with respect to the same injury.
(g) The Director may prescribe that—
(1) Any filing be filed using electronic means, in which case it shall be deemed filed when it is submitted electronically; and
(2) Any notice, within the meaning of paragraph (c) of this section, be served by the PSOB Office upon an individual by electronic means (such as by telefacsimile or electronic mail addressed to the individual (or to his representative) at his (or his representative's) last address known to such Office), in which case it shall be deemed served on the day that such notice is sent.
[71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22378, May 15, 2018]
Notes of Decisions
Calvin Hawkins & Donna L. Hawkins v. United States, 469 F.3d 993 (Fed. Cir. 2006).
· cites it 9× “The court also invalidated 28 C.F.R. § 32.2 (c)(1), the regulation in which the Bureau of Justice Assistance (“BJA”), a unit of the Department of Justice charged with implementing the Act, defined “line of duty,” a term not defined in the PSOBA itself.”
Yanco v. United States, 258 F.3d 1356 (Fed. Cir. 2001).
· cites it 11× “” 28 C.F.R. § 32.2 (g) (1997). Thus, the regulations exclude stress and strain from the definition of “personal injury.”
Leonard E. Cassella v. United States, 469 F.3d 1376 (Fed. Cir. 2006).
· cites it 11× “In the opinion accompanying the order, the Court of Federal Claims invalidated 28 C.F.R. § 32.2 (m), a portion of the regulation in which the Bureau of Justice Assistance (“BJA”), a unit of the Department of Justice charged with implementing the Act, further defined terms of the…”
Bice v. United States, 61 Fed. Cl. 420 (Fed. Cl. 2004).
· cites it 9× “We do not consider this a traumatic injury according to your regulation [ 28 C.F.R. § 32.2 ]. Consider the sentences we quote in turn.”
Morrow v. United States, 227 Ct. Cl. 290 (Ct. Cl. 1981).
· cites it 4× “” 28 C.F.R. § 32.2 (e) (1980). 1 The regulations further provide: "'Occupational disease’ means a disease which routinely constitutes a special hazard in, or is commonly regarded as a concomitant of the officer’s occupation.”
Smykowski v. United States, 227 Ct. Cl. 284 (Ct. Cl. 1981).
· cites it 6× “” 28 C.F.R. § 32.2 (e) (1980). The regulations further provide: "'Occupational disease’ means a disease which routinely constitutes a special hazard in, or is commonly regarded as a concomitant of the officer’s occupation.”
Davis v. United States, 50 Fed. Cl. 192 (Fed. Cl. 2001).
· cites it 4× “” 28 C.F.R. § 32.2 (c)(1) (2000). The BJA Hearing Officer concluded that Officer Davis did not die in the line of duty because he “was not driving his employer’s vehicle and was not responding to a specific emergency or call for assistance” at the time of the accident.”
Messick v. United States, 70 Fed. Cl. 319 (Fed. Cl. 2006).
· cites it 5× “28 C.F.R. § 32.2 (c)(1) (2002). In addition, the Hearing Officer relied on a Pennsylvania Statute-the Pennsylvania Child Labor Law, 43 Pa.”
White v. United States, 543 F.3d 1330 (Fed. Cir. 2008).
· cites it 2× “See 28 C.F.R. § 32.2 (v) (providing that eligibility of child is determined at time of public safety officer's death); § 32.”
Juneau v. Dep't of Just., 583 F.3d 777 (Fed. Cir. 2009).
· cites it 4× “The 2004 version of the regulations provides a definition of "injury" at 28 C.F.R. § 32.2 (e) as "any traumatic injury, as well as diseases which are caused by or result from such an injury, but not occupational diseases.”
— 28 C.F.R. § 32.2(c) — 1 case
— 28 C.F.R. § 32.2(c)(1) — 1 case
— 28 C.F.R. § 32.2(d) — 1 case
Morrow v. United States, 227 Ct. Cl. 290 (Ct. Cl. 1981).
“” 28 C.F.R. § 32.2 (e) (1980). 1 The regulations further provide: "'Occupational disease’ means a disease which routinely constitutes a special hazard in, or is commonly regarded as a concomitant of the officer’s occupation.”
— 28 C.F.R. § 32.2(d)(e) — 1 case
— 28 C.F.R. § 32.2(e) — 2 cases
Yanco v. United States, 258 F.3d 1356 (Fed. Cir. 2001).
“” 28 C.F.R. § 32.2 (g) (1997). Thus, the regulations exclude stress and strain from the definition of “personal injury.”
— 28 C.F.R. § 32.2(f) — 1 case
Smykowski v. United States, 227 Ct. Cl. 284 (Ct. Cl. 1981).
“” 28 C.F.R. § 32.2 (e) (1980). The regulations further provide: "'Occupational disease’ means a disease which routinely constitutes a special hazard in, or is commonly regarded as a concomitant of the officer’s occupation.”
— 28 C.F.R. § 32.2(g) — 1 case
Bice v. United States, 61 Fed. Cl. 420 (Fed. Cl. 2004).
“We do not consider this a traumatic injury according to your regulation [ 28 C.F.R. § 32.2 ]. Consider the sentences we quote in turn.”
— 28 C.F.R. § 32.2(j) — 1 case
— 28 C.F.R. § 32.2(m) — 1 case
— 28 C.F.R. § 32.2(o) — 2 cases
— 28 C.F.R. § 32.2(p) — 1 case
— 28 C.F.R. § 32.2(v) — 1 case
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