42 U.S.C. § 1702 — Application of Longshore and Harbor Workers’ Compensation Act

submitted 84 years ago by ch. 668 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

Covered cases use specified Longshore and Harbor Workers’ Compensation Act rules instead of most benefits under the Federal employee law. Medical benefits remain under that law, and the section sets compensation limits and calculation rules.

(a) For cases covered by section 1701, the compensation scale and calculation and payment rules in sections 908 and 909 of title 33 apply instead of subchapter I of chapter 81 of title 5, except medical benefits, as far as they can apply under their terms. Total injury or death compensation may not exceed section 914(m)’s limit as amended, but may not be less than the original enactment’s amount. (b) Sections 906 and 910 of title 33 apply when computing compensation. The minimum weekly disability amount in section 906(b) and minimum average wage for death benefits in section 909(e) do not apply.

the actual law source: uscode.house.gov ↗public domain

(a)

In the administration of the provisions of subchapter I of chapter 81 of title 5 with respect to cases coming within the purview of section 1701 of this title, the scale of compensation benefits and the provisions for determining the amount of compensation and the payment thereof as provided in sections 908 and 909 of title 33, so far as the provisions of said sections can be applied under the terms and conditions set forth therein shall be payable in lieu of the benefits, except medical benefits, provided under subchapter I of chapter 81 of title 5: Provided, That the total compensation payable under this subchapter for injury or death shall in no event exceed the limitations upon compensation as fixed in section 914(m) 1 of title 33 as such section may from time to time be amended except that the total compensation shall not be less than that provided for in the original enactment of this chapter.

(b)

For the purpose of computing compensation with respect to cases coming within the purview of section 1701 of this title, the provisions of sections 906 and 910 of title 33 shall be applicable: Provided, That the minimum limit on weekly compensation for disability, established by section 906(b) of title 33, and the minimum limit on the average weekly wages on which death benefits are to be computed, established by section 909(e) of title 33, shall not apply in computing compensation under this subchapter.

Source credit: (Dec. 2, 1942, ch. 668, title I, § 102, 56 Stat. 1031; July 3, 1948, ch. 826, § 4(c), 62 Stat. 1242; Pub. L. 85–608, title I, § 102, Aug. 8, 1958, 72 Stat. 536; Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.)

history & why it existsrecord from the source credit

1942Enacted · Act of Dec. 2, 1942, ch. 668 · 56 Stat. 1031
1948Amended · Act of July 3, 1948, ch. 826 · 62 Stat. 1242
1958Amended · Pub. L. 85-608 · 72 Stat. 536
1984Amended · Pub. L. 98-426 · 98 Stat. 1654

A history note hasn’t been published yet. The record shows enactment by ch. 668 on 1942-12-02.

all 0 arguments · sorted by: best

no arguments yet — make the first case