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

5 U.S.C. § 8145

Administration

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The Secretary of Labor shall administer, and decide all questions arising under, this subchapter. He may—(1) appoint employees to administer this subchapter; and(2) delegate to any employee of the Department of Labor any of the powers conferred on him by this subchapter.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 778.

Sept. 7, 1916, ch. 458, § 28, 39 Stat. 748.

 

 

Oct. 14, 1949, ch. 691, § 205(a), (c)(1), 63 Stat. 864.

 

[Uncodified].

1946 Reorg. Plan No. 2, § 3 (less 2d sentence), eff. July 16, 1946, 60 Stat. 1095.

 

[Uncodified].

1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 64 Stat. 1271.

 

5 U.S.C. 781.

Sept. 7, 1916, ch. 458, § 30, 39 Stat. 748.

 

5 U.S.C. 783 (last 9 words).

Sept. 7, 1916, ch. 458, § 32 (last 9 words), 39 Stat. 749.

The last 20 words of former section 781 are omitted as unnecessary in view of the definition of “competitive service” in section 2102 and the provisions of subchapter I of chapter 33 concerning examination and certification for and appointment in the competitive service.

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

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

Statutory Notes and Related SubsidiariesProcessing of Claims Filed by District of Columbia Employees

See Pub. L. 93–198, title II, § 204(e), Dec. 24, 1973, 87 Stat. 783, set out as a note under section 8101 of this title.

Notes of Decisions
Cited in 87 cases (15 in the last 5 years), 1967–2025 · leading case: Mathirampuzha v. Potter, 548 F.3d 70 (2d Cir. 2008).
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Mathirampuzha v. Potter, 548 F.3d 70 (2d Cir. 2008). “Congress has vested the Secretary of Labor or her delegate with exclusive authority to “administer! ] and decide all questions arising under” the FECA, 5 U.S.C. § 8145 , and federal courts are barred from exercising judicial review over such decisions, id.”
United States v. Prentice Harold Dawkins, 202 F.3d 711 (4th Cir. 2000). · cites it 2× “See 5 U.S.C.A. §§ 8145 , 8149 (West 1996). Section 8145 mandates that the Secretary of Labor “administer, and decide all questions arising under” the federal employee’s compensation scheme.”
Charles Edward Ctr. v. Sec'y, Dep't of Homeland Sec., Customs & Border Prot. Agency, 895 F.3d 1295 (11th Cir. 2018). “(citing 5 U.S.C. §§ 8145 , 8149 ), and it provides that "[t]he action of the Secretary or his designee in allowing or denying a payment under [the Act] is .”
White v. United States, 143 F.3d 232 (5th Cir. 1998). · cites it 2× “FECA vests with the Secretary of Labor the power to “administer, and decide all questions arising under [FECA],” 5 U.S.C. § 8145 , and the Secretary’s action in allowing or denying an award under FECA is final and conclusive and not subject to review by a court of law, 5 U.”
Werner R. Staacke v. United States Sec'y of Labor, 841 F.2d 278 (9th Cir. 1988). “” 5 U.S.C. § 8145 (1982). Specifically, the Secretary may award or refuse to award compensation, 5 U.”
Marilyn Moe v. United States, 326 F.3d 1065 (9th Cir. 2003). “5 U.S.C. § 8145 . 4 . 5 U.S.C. § 8116 (c).”
Leonard Fuqua v. USPS, 956 F.3d 961 (7th Cir. 2020). “5 U.S.C. § 8145 . The Secretary’s decision to allow or to deny payment under that Act is “not subject to review by another official of the United States or by a court by mandamus or otherwise.”
United States v. Alfred Sforza & Josephine Sforza, 326 F.3d 107 (2d Cir. 2003). “See 5 U.S.C. § 8145 (2). In October 1984, OWCP found Sforza eligible for FECA benefits, retroactive to March 1988.”
Gonzalez v. Dep't of Labor, 609 F.3d 451 (D.C. Cir. 2010). · cites it 2× “5 U.S.C. § 8145 ; see also Chevron, U.S.A.”
Scott Beemer v. Eric Holder, Jr., 495 F. App'x 396 (5th Cir. 2012). · cites it 2× “” 5 U.S.C. § 8145 . The Secretary of Labor has delegated this authority to the Director of the OWCP.”
Harry H. Wallace & Elizabeth Snyder Wallace v. United States, 669 F.2d 947 (4th Cir. 1982). “5 U.S.C. § 8145 (1976). The action of the Secretary or his des-ignee in allowing or denying a payment under this subchapter is— (1) final and conclusive for all purposes and with respect to all questions of law and fact; and (2) not subject to review by another official of the…”
Woodruff v. United States Dep't of Labor, Off. of Workers Comp. Prog., 954 F.2d 634 (11th Cir. 1992). · cites it 3× “5 U.S.C. §§ 8145 4 and 8149. 5 Under the authority granted in § 8145(2), the Secretary has delegated responsibility for FECA management to the Director of the Office of Workers’ Compensation Programs (“OWCP”).”
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