U.S. Code » Title 5 » PART III— EMPLOYEES › Subpart G— Insurance and Annuities › CHAPTER 81— COMPENSATION FOR WORK INJURIES › SUBCHAPTER I— GENERALLY

5 U.S.C. § 8124

Findings and award; hearings

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

Historical and Revision Notes

1966 Act

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 786.

Sept. 7, 1916, ch. 458, § 36, 39 Stat. 749.

The last sentence of former section 786 is omitted as surplusage because it is covered by section 8147.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1967 Act

Section of title 5

Source (U.S. Code)

Source (Statutes at Large)

8124(b)

5 App.: 786(b).

July 4, 1966, Pub. L. 89–488, § 11(b), 80 Stat. 255.

In subsection (b)(1), the words “section 8128(a) of this title” are substituted for “section 37” to reflect the codification of section 37 in title 5, United States Code. The words “a claimant * * * is entitled * * * to a hearing” are substituted for “any claimant * * * shall * * * be afforded an opportunity for a hearing”. The words “under subsection (a) of this section” are substituted for “under this section” for clarity. In the second sentence, the words “is entitled to present evidence” are substituted for “shall be afforded an opportunity to present evidence”.

In subsection (b)(2), the words “section 554 of this title * * * this subchapter” are substituted for “section 5 of the Administrative Procedure Act * * * this Act” to reflect the codification of the cited section and act in title 5. In the second sentence, the words “shall, in addition, receive” are omitted as unnecessary.

Statutory Notes and Related SubsidiariesPersonnel Not Affected by 1967 Increase

Increases authorized under amendment by section 1(58) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

Notes of Decisions
Cited in 47 cases (2 in the last 5 years), 1971–2023 · leading case: James L. Hanauer v. Robert B. Reich, 82 F.3d 1304 (4th Cir. 1996).
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James L. Hanauer v. Robert B. Reich, 82 F.3d 1304 (4th Cir. 1996). · cites it 5× “Under 5 U.S.C. § 8124 (a), the Secretary: shall determine and make a finding of facts and make an award for or against payment of compensation .”
Carlton L. Owens v. William Brock, 860 F.2d 1363 (6th Cir. 1988). · cites it 3× “)(1)(C), which provides that: “adversary adjudication” means an adjudication under section 554 of this title in which the position of the United States is represented by counsel or otherwise, but excludes an adjudication for the purpose of establishing or fixing a rate or for…”
Gallucci v. Chao, 374 F. Supp. 2d 121 (D.D.C. 2005). · cites it 3× “From the date of the decision, the claimant may: (1) within 30 days, request a hearing before an OWCP hearing representative or request that such representative review the record, 5 U.S.C. § 8124 (2000), 20 C.F.R. § 10.616 (2003); (2) within one year, request reconsideration, 20…”
Patricia Wise v. Robert Wilkie, 955 F.3d 430 (5th Cir. 2020). “See also 5 U.S.C.A. §§ 8124 (a), 8145, 8149. 3 VA Attorney: “[W]e don’t want to have it in the settlement agreement that we’re tacitly agreeing that [Wise] can recover lost wages in a workers’ comp case when her disability is supposed to be the replacement of that.”
Werner R. Staacke v. United States Sec'y of Labor, 841 F.2d 278 (9th Cir. 1988). “Specifically, the Secretary may award or refuse to award compensation, 5 U.S.C. § 8124 (a) (1982), and may, at his discretion, “end, decrease, or increase the compensation previously awarded.”
Money v. Cullinane, 392 A.2d 998 (D.C. 1978). · cites it 2× “, 5 U.S.C. §§ 8124 (b)(2), -8128(b) (1970) (decision by Secretary of Labor to grant or deny compensation for work-related injury is neither subject to procedural safeguards of federal APA nor reviewable by any court).”
Cletis Meredith Miller v. William Bolger, 802 F.2d 660 (3d Cir. 1986). “5 U.S.C. § 8124 . After an administrative review procedure, the Secretary’s decision is final, and “not subject to review by another official of the United States or by a court by mandamus or otherwise.”
Ramirez v. Koromilas, 199 F. App'x 302 (5th Cir. 2006). · cites it 2× “From the date of decision, the claimant may: 1) within thirty days, request a hearing before an OWCP hearing representative or request that the representative review the written record, 5 U.S.C. § 8124 ; 2) within thirty days, request reconsideration, 5 U.”
Hall v. Dep't of Labor, 289 F. Supp. 3d 93 (D.C. Cir. 2018). “of the date of the decision for which a hearing is sought," but "[t]he claimant must not have previously submitted a reconsideration request (whether or not it was granted) on the same decision.”
Taylor v. Sec'y of the Navy, 852 F. Supp. 343 (E.D. Pa. 1994). · cites it 2× “Relying on 5 U.S.C. § 8124 of FECA, the Navy contends that Congress provided that the Secretary of Labor determines all issues regarding compensation, including the suitability of light- *352 duty assignments.”
Jones-Booker v. United States, 16 F. Supp. 2d 52 (D. Mass. 1998). · cites it 2× “5 U.S.C. § 8124 (a). According to FECA regulations, A claimant has the burden of establishing by the weight of reliable, probative and substantial evidence that the claimed condition and the disability, if any, was caused, aggravated, or adversely affected by the claimant’s…”
Rogers v. United States Dep't of Labor, 607 F. Supp. 697 (N.D. Cal. 1985). “Pursuant to 5 U.S.C. § 8124 (b) and 20 C.F.R.. § 10.131, plaintiff then requested a hearing to present additional evidence in support of her claims.”
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