20 CFR 10.904 – Does a death as a result of occupational disease qualify for payment of the death gratuity?
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Yes—throughout this subpart, the word “injury” is defined as it is in 5 U.S.C. § 8101(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.