---
kind: "section"
citation: "20 C.F.R. § 10.904"
title: "20"
number: "10.904"
heading: "Does a death as a result of occupational disease qualify for payment of the death gratuity?"
url: "https://uscodex.org/cfr/20/10.904"
---

# §10.904. Does a death as a result of occupational disease qualify for payment of the death gratuity?


Yes—throughout this subpart, the word “injury” is defined as it is in [5 U.S.C. 8101(5)](/usc/5/8101.md?p=5), which includes a disease proximately caused by employment. If an employee's death results from an occupational disease incurred in connection with the employee's service in a contingency operation, the death qualifies for payment of the death gratuity under this subpart.


## Notes

### Authority

Authority: 5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.

### Source

Source: 76 FR 37903, June 28, 2011, unless otherwise noted.