544
PUBLIC LAW 89-554-SEPT. 6, 1966
[80 STAT.
(3) be on a form furnished by the Secretary; (4) contain all information required by the Secretary; (5) be sworn to by the individual entitled to compensation or someone on his behalf; and (6) except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability. The Secretary may waive paragraphs (3) - (6) of this section for reasonable cause shown. § 8122. Time for making claim (a) An original claim for compensation— (1) for death shall be made within 1 year after the death; and (2) for disability shall be made within 60 days after the injury. However, the Secretary of Labor may allow an original claim for disability to be made within 1 year after the injury for reasonable cause shown. (b) In a case of latent disability due to radiation or other cause, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. I n such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability. (c) The Secretary may waive compliance with the requirements of this subchapter for giving notice of injury and for filing claim for compensation for disability or death if— (1) a claim is filed within 5 years after the injury or death; and (2) the Secretary finds— (A) that the failure to comply was due to circumstances beyond the control of the individual claiming benefits; or (B) that the individual claiming benefits has shown sufficient cause or reason in explanation of, and material prejudice to the interest of the United States has not resulted from, the failure. § 8123. Physical examinations (a) An employee shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the United States and the physician of the employee, the Secretary shall appoint a third physician who shall make an examination. (b) An employee is entitled to be paid expenses incident to an examination required by the Secretary which in the opinion of the Secretary are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund.
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