§ 61.200 Entitlement to benefits.

(a) Compensation under section 101(a) of the Act is payable for injury or death due to a war-risk hazard of an employee listed in § 61.1(a), whether or not the person was engaged in the course of his or her employment at the time of the injury. (b) Compensation under this subpart is paid under the provisions of the Federal Employees' Compensation Act, as amended (5 U.S.C. 8101 et seq.), except that the determination of beneficiaries and the computation of compensation are made in accordance with sections 6, 8, 9, and 10 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.). (c) The Office may not approve a claim for compensation if any of the following conditions are met: (1) The employee resides at or in the vicinity of the place of employment, does not live there solely due to the exigencies of the employment, and is injured outside the course of the employment. (2) The claim is filed due to the injury or death of a prisoner of war detained or utilized by the United States. (3) The person seeking benefits recovers or receives workers' compensation benefits from any other source for the same injury or death. (4) The person seeking benefits is a national of a foreign country and is entitled to compensation benefits from that or any other foreign country on account of the same injury or death. (5) The employee is convicted in a court of competent jurisdiction of any subversive act against the United States or any of its allies.