§ 61.1 Statutory provisions

(a) The War Hazards Compensation Act, as amended (42 U.S.C. 1701 et seq.) provides for reimbursement of workers' compensation benefits paid under the Defense Base Act (42 U.S.C. 1651 et seq.), or under other workers' compensation laws as described in § 61.100(a), for injury or death causally related to a war-risk hazard. (b) If no benefits are payable under the Defense Base Act or other applicable workers' compensation law, compensation is paid to the employee or survivors for the war-risk injury or death of— (1) Any person subject to workers' compensation coverage under the Defense Base Act; (2) Any person engaged by the United States under a contract for his or her personal services outside the continental United States; (3) Any person subject to workers' compensation coverage under the Nonappropriated Fund Instrumentalities Act (5 U.S.C. 8171 et seq.); (4) Any person engaged for personal services outside the continental United States under a contract approved and financed by the United States under the Mutual Security Act of 1954, as amended (other than title II of chapter II unless the Secretary of Labor, upon the recommendation of the head of any department or other agency of the U.S. Government, determines a contract financed under a successor provision of any successor Act should be covered by this subchapter), except that in cases where the United States is not a formal party to contracts approved and financed under the Mutual Security Act of 1954, as amended, the Secretary, upon the recommendation of the head of any department or agency of the United States, may waive the application of the Act; or (5) Any person engaged for personal services outside the continental United States by an American employer providing welfare or similar services for the benefit of the Armed Forces under appropriate authorization by the Secretary of Defense. (c) The Act also provides for payment of detention benefits to an employee specified in paragraph (a) of this section who— (1) If found to be missing from his or her place of employment under circumstances supporting a reasonable inference that the absence is due to the belligerent action of a hostile force or person; (2) Is known to have been taken by a hostile force or person as a prisoner or hostage; or (3) Is not returned to his or her home or to the place of employment due to the failure of the United States or its contractor to furnish transportation.