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. § 8149

Regulations

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The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under section 8124 of this title. The rules and regulations shall provide for an Employees’ Compensation Appeals Board of three individuals designated or appointed by the Secretary with authority to hear and, subject to applicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with respect to claims of employees. In adjudicating claims under section 8146 of this title, the Secretary may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death for which claim is made.

Notes of Decisions
Cited in 37 cases (3 in the last 5 years), 1979–2024 · leading case: James L. Hanauer v. Robert B. Reich, Secretary of Labor
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James L. Hanauer v. Robert B. Reich, Secretary of Labor (1996) 4th Cir. · cites it 3× “See 5 U.S.C. § 8149 . Pursuant to this authority, the Secretary has promulgated regulations implementing the lump-sum payment provision of 5 U.”
Charles Edward Ctr. v. Sec'y, Dep't of Homeland Sec., Customs & Border Prot. Agency (2018) 11th Cir. “" 5 U.S.C. § 8149 . The benefits and procedures established in the Compensation Act are largely immune from judicial review.”
United States v. Webber (2008) 7th Cir. “Webber contends that the court erred in importing a regulation, promulgated by the Secretary of Labor under 5 U.S.C. § 8149 , into a criminal proceeding.”
United States v. Prentice Harold Dawkins (2000) 4th Cir. “5 U.S.C.A. § 8149 . Requiring total disability claimants to file periodic statements concerning their employment and income is part of administering the federal employee’s compensation program.”
McCamey v. District of Columbia Department of Employment Services (2008) D.C. “See 5 U.S.C. § 8149 . 13 . The examiner cited McEvily (though the decision from the Director) as support.”
Woodruff v. United States Department of Labor, Office of Workers Compensation Program (1992) 11th Cir. · cites it 4× “5 U.S.C. § 8149 . 7 The ECAB is bound to follow applicable law and the rules and regulations of the Secretary, but its decisions on the claims of individual employees are final.”
Jones-Booker v. United States (1998) D. Mass. · cites it 3× “5 U.S.C. § 8149 . 2 “The claimant may obtain review of the merits of the claim by — (i) showing that the Office erroneously applied or interpreted a point of law, or (n) Advancing a point of law or a fact not previously considered by the Office, or (in) Submitting relevant and…”
White v. United States (1998) 5th Cir. “, and to prescribe all rules and regulations necessary to administer and enforce FECA, 5 U.S.C. § 8149 . In structuring FECA to confer, this exclusive and broad authority on the-Secretary of Labor, Congress' made clear its intention that FECA be interpreted and applied uniformly.”
Gallucci v. Chao (2005) D.D.C. “5 U.S.C. § 8149 (2000). FECA authorizes the Secretary to administer FECA and to appoint employees to administer FECA.”
Gonzalez v. Department of Labor (2009) D.D.C. · cites it 2× “§ 8145 , and to promulgate regulations to administer and enforce the FECA program, 5 U.S.C. § 8149 . “[T]o minimize the cost of the FECA program to the Federal Government,” United States v.”
Collins v. United States (1996) Fed. Cl. · cites it 2× “However, pursuant to his broad policy making authority to “prescribe rules and regulations necessary for the administration and enforcement” of the Act, 5 U.S.C. § 8149 , the Secretary promulgated 20 C.”
Edward W. Ostrowski v. The United States Department of Labor, Office of Workers Compensation Programs (1981) 6th Cir. “See 5 U.S.C. § 8149 . Under that authority, the Secretary has adopted a regulation which provides as follows: If an injury for which benefits are payable under the Act is caused under circumstances creating a legal liability upon some person other than the United States to pay…”
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