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33 U.S.C. § 906Compensation

submitted 99 years ago by ch. 509 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 304 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets when disability compensation begins and establishes minimum and maximum compensation rates. It also requires the Secretary to determine the national average weekly wage each year.

(a) Time for commencement No compensation must be allowed for the first three days of the disability, except the benefits provided for in section 907 of this title : Provided, however , That in case the injury results in disability of more than fourteen days the compensation must be allowed from the date of the disability. (b) Maximum rate of compensation (1) Compensation for disability or death (other than compensation for death required by this chapter to be paid in a lump sum) must not exceed an amount equal to 200 per centum of the applicable national average weekly wage, as determined by the Secretary under paragraph (3). (2) Compensation for total disability must not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee’s average weekly wages as computed under section 910 of this title are less than 50 per centum of such national average weekly wage, he must receive his average weekly wages as compensation for total disability. (3) As soon as practicable after June 30 of each year, and in any event before October 1 of such year, the Secretary must determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination must be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph must be made as soon as practicable after October 27, 1972 . (c) Applicability of determinations Determinations under subsection (b)(3) about a period must apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period.
the actual law source: uscode.house.gov ↗public domain
(a) Time for commencement

No compensation shall be allowed for the first three days of the disability, except the benefits provided for in section 907 of this title: Provided, however, That in case the injury results in disability of more than fourteen days the compensation shall be allowed from the date of the disability.

(b) Maximum rate of compensation
(1)

Compensation for disability or death (other than compensation for death required by this chapter to be paid in a lump sum) shall not exceed an amount equal to 200 per centum of the applicable national average weekly wage, as determined by the Secretary under paragraph (3).

(2)

Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee’s average weekly wages as computed under section 910 of this title are less than 50 per centum of such national average weekly wage, he shall receive his average weekly wages as compensation for total disability.

(3)

As soon as practicable after June 30 of each year, and in any event prior to October 1 of such year, the Secretary shall determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph shall be made as soon as practicable after October 27, 1972.

(c) Applicability of determinations

Determinations under subsection (b)(3) with respect to a period shall apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period.

Source credit: (Mar. 4, 1927, ch. 509, § 6, 44 Stat. 1426; June 24, 1948, ch. 623, § 1, 62 Stat. 602; July 26, 1956, ch. 735, § 1, 70 Stat. 654; Pub. L. 87–87, § 1, July 14, 1961, 75 Stat. 203; Pub. L. 92–576, §§ 4, 5(a), Oct. 27, 1972, 86 Stat. 1252; Pub. L. 98–426, § 6, Sept. 28, 1984, 98 Stat. 1641.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Mar. 4, 1927, ch. 509 · 44 Stat. 1426
  • 1948Amended · Act of June 24, 1948, ch. 623 · 62 Stat. 602
  • 1956Amended · Act of July 26, 1956, ch. 735 · 70 Stat. 654
  • 1961Amended · Pub. L. 87-87 · 75 Stat. 203
  • 1972Amended · Pub. L. 92-576 · 86 Stat. 1252
  • 1984Amended · Pub. L. 98-426 · 98 Stat. 1641

A history note hasn’t been published yet. The record shows enactment by ch. 509 on 1927-03-04.

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