25.5—What special rules does OWCP apply to claims of third and fourth country nationals?
(a) Definitions.
A “third country national” is a person who is neither a citizen nor resident of the United States who is hired by the United States in the person's country of citizenship or residence for employment in another foreign country, or in a possession or territory of the United States. A “fourth country national” is a person who is neither a citizen nor resident of either the country of hire or the place of employment, but who otherwise meets the definition of third country national. “Benefits applicable to local hires” are the benefits provided in this part by local law or special schedule, as determined by the Director. With respect to a United States territory or possession, “local law” means only the law of the particular territory or possession.
(b) Benefits payable.
Third and fourth country nationals shall be paid the benefits applicable to local hires in the country of hire or the place of employment, whichever benefits are greater, provided that all benefits payable on account of one injury must be paid under the same benefit structure.
(1)
Where no well-defined workers' compensation benefits structure is provided in either the country of hire or the place of employment, the provisions of § 25.2(d) shall apply.
(2)
Where equitable considerations as determined by the Director so warrant, a fourth country national may be awarded benefits applicable to local hires in his or her home country.