Page:United States Statutes at Large Volume 80 Part 1.djvu/570

 534

6 usT 3316.

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

(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. § 8102. Compensation for disability or death of employee (a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is— (1) caused by willful misconduct of the employee; (2) caused by the employee's intention to bring about the injury or death of himself or of another; or (3) proximately caused by the intoxication of the injured employee. (b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in the Canal Zone, is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual— (1) whose residence is at or in the vicinity of the place of his employmei;it and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or (2) who is a prisoner of war or a protected individual under YiQ Geneva Conventions of 1949 and is detained or utilized by the United States. This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.

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