Definitions

§ 8101. Definitions For the purpose of this subchapter— (1) “employee” means— (A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United tates; (B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual; (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation; (D) an individual employed by the government of the District of Columbia; and (E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); but does not include— (i) a commissioned officer of the Regular Corps of the Public Health Service; (ii) a commissioned officer of the Reserve Corps of the Public Health Service on active duty; 80 Stat. 533 (iii) a commissioned officer of the Coast and Geodetic Survey; or (iv) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521–535 of title 4, District of Columbia Code; (2) “physician” includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law; (3) “medical, surgical, and hospital services and supplies” includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law; (4) “monthly pay” means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the United States, whichever is greater except when otherwise determined under section 8113 of this title with respect to any period; (5) “injury” includes, in addition to injury by accident, a disease proximately caused by the employment; (6) “widow” means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion; (7) “parent” includes stepparents and parents by adoption; (8) “brother” and “sister” mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and step-sisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters; (9) “child” means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children; (10) “grandchild” means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support; (11) “widower” means one who, because of physical or mental disability, was wholly dependent for support on the employee at the time of her death; (12) “compensation” includes the money allowance payable to an employee or his dependents and any other benefits paid for from the Employees’ Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death; (13) “war-risk hazard” means a hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring in the country in which an individual to whom this subchapter applies is serving; from— (A) the discharge of a missile, including liquids and gas, or the use of a weapon, explosive, or other noxious thing by a hostile force or individual or in combating an attack or an imagined attack by a hostile force or individual; (B) action of a hostile force or individual, including rebellion or insurrection against the United States or any of its allies; 80 Stat. 534 (C) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or individual; (D) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or (E) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities; (14) “hostile force or individual” means a nation, a subject of a foreign nation, or an individual serving a foreign nation— (A) engaged in a war against the United States or any of its allies; (B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies; or (C) engaged in a war or armed conflict between military forces of any origin in a country in which an individual to whom this subchapter applies is serving; (15) “allies” means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance; and (16) “war activities” includes activities directly relating to military operations.