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

Federal law — U.S. Code and appendices · legal_authorities

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

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1701&num=0&edition=prelim), 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) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1701&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section906/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-sec

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Source file: Laws/federal/codes/united-states-code/title-42/section-1702-application-of-longshore-and-harbor-workers-compensation-act--a37c20fdc1.md
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Source location: Title 42, Chapter 12, § 1702; chapter-012-compensation-for-injury-death-or-detention-of-employees-of-contractors-with-united-states-outside-united-states.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 901 — Short title

This chapter may be cited as “Longshore and Harbor Workers’ Compensation Act.”

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 914 — Payment of compensation

**(a) Manner of payment** Compensation under this chapter shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer. **(b) Period of installment payments** The first installment of compensation shall become due on the fourteenth day after the employer has been notified pursuant to [section 912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section912&num=0&edition=prelim), or the employer has knowledge of the injury or death, on which date all compensation then due shall be paid. Thereafter compensation shall be paid in installments, semimonthly, except where the deputy commissioner determines that payment in installments should be made monthly or at some other period. **(c) Notification of commencement or suspension of payment** Upon making the first payment, and upon suspension of payment for any cause, the employer shall immediately notify the deputy commissioner, in accordance with a form prescribed by the Secretary, that payment of compensation has begun or has been suspended, as the case may be. **(d) Right to compensation controverted** If the employer controverts the right to compensation he shall file with the deputy commissioner on or before the fourteenth day after he has knowledge of the alleged injury or death, a notice, in accordance with a form prescribed by the Secretary stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the grounds upon which the right to compensation is controverted. **(e) Additional compensation for overdue installment payments payable without award** If any installment of compe

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1651 — Compensation authorized

**(a) Places of employment** Except as herein modified, the provisions of the Longshore and Harbor Workers’ Compensation Act, approved March 4, 1927 (44 Stat. 1424), as amended [[33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim) et seq.], shall apply in respect to the injury or death of any employee engaged in any employment— (1) at any military, air, or naval base acquired after January 1, 1940, by the United States from any foreign government; or (2) upon any lands occupied or used by the United States for military or naval purposes in any Territory or possession outside the continental United States (including the United States Naval Operating Base, Guantanamo Bay, Cuba; and the Canal Zone); or (3) upon any public work in any Territory or possession outside the continental United States (including the United States Naval Operating Base, Guantanamo Bay, Cuba; and the Canal Zone), if such employee is engaged in employment at such place under the contract of a contractor (or any subcontractor or subordinate subcontractor with respect to the contract of such contractor) with the United States; but nothing in this paragraph shall be construed to apply to any employee of such a contractor or subcontractor who is engaged exclusively in furnishing materials or supplies under his contract; (4) under a contract entered into with the United States or any executive department, independent establishment, or agency thereof (including any corporate instrumentality of the United States), or any subcontract, or subordinate contract with respect to such contract, where such contract is to be performed outside the continental United States and at places not within the areas described in subparagraphs (1)–(3) of this

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1701 — Compensation for injury or death resulting from war-risk hazard

**(a) Persons covered** In case of injury or death resulting from injury— (1) to any person employed by a contractor with the United States, if such person in an employee specified in chapter 11 of this title, and no compensation is payable with respect to such injury or death under such chapter; or (2) to any person engaged by the United States under a contract for his personal services outside the continental United States; or (3) to any person employed outside the continental United States as a civilian employee paid from nonappropriated funds administered by the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship’s Store Ashore, Navy exchanges, Marine Corps exchanges, officers’ and noncommissioned officers’ open messes, enlisted men’s clubs, service clubs, special service activities, or any other instrumentality of the United States under the jurisdiction of the Department of Defense and conducted for the mental, physical, and morale improvement of personnel of the Department of Defense and their dependents; or (4) to any person who is an employee specified in [section 1651(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1651/a/5&num=0&edition=prelim), if no compensation is payable with respect to such injury or death under chapter 11 of this title or to any person engaged under a contract for his personal services outside the United States approved and financed by the United States under the Mutual Security Act of 1954, as amended (other than title II of chapter II thereof unless the Secretary of Labor, upon the recommendation of the head of any department or other agency of the United States Government, determines a contract financed under a successor provision of any succes

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4103 — Claims of employees of contractors

**(a) Payment by Secretary of Labor of certain claims; execution of releases** The Secretary of Labor is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any person specified in section 101(a) of the Act entitled “An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes”, approved December 2, 1942, as amended [[42 U.S.C. 1701(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1701/a&num=0&edition=prelim)], or by the legal representative of any such person who may have died, for the amount by which (1) the total sum which would have been payable to such person by his employer (not including any payments for overtime), if such person’s contract of employment had been in effect and he had been paid under it for the entire period during which he was entitled to receive benefits under section 101(b) of such Act [[42 U.S.C. 1701(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1701/b&num=0&edition=prelim)], exceeds (2) the entire amount creditable to such person’s account for such period under the provisions of such section plus any amounts paid to such person by such employer for such period or recovered by such person in any legal action against such employer based upon such person’s right against such employer for such period under the contract of employment, including payments in settlement of the liability of the employer arising under or out of such contract. No claim shall be allowed to any person under the provisions of this section unless such person executes a full release to the employer and to the United States in respect to the liability of the employer a

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4110 — War Claims Fund

**(a) Composition; expenditure** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the War Claims Fund. The War Claims Fund shall consist of all sums covered into the Treasury pursuant to the provisions of [section 4336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4336&num=0&edition=prelim). The moneys in such fund shall be available for expenditure only as provided in this chapter or as may be provided hereafter by the Congress. **(b) Estimation and certification to Treasury of total amount necessary under section 4104(f)** Before August 1, 1956, the Secretary of Labor shall estimate and report to the President the total amount which will be required to pay all benefits payable by reason of [section 4104(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4104/f&num=0&edition=prelim). If the President approves the amount so estimated as reasonably accurate, the total amount so estimated and approved shall be certified to the Secretary of the Treasury; if the President does not so approve he shall determine such amount, and the amount so determined shall be certified to the Secretary of the Treasury. Such certification shall be made on or before September 1, 1956. The Secretary of the Treasury shall then transfer from the War Claims Fund to the general fund of the Treasury a sum equal to the total amount certified to him under this subsection. **(c) Estimation and certification to Treasury of total amount necessary under section 4103(c)** Before August 1, 1956, the Secretary of Labor shall estimate and report to the President the total amount which will be required to pay all additional benefits payable as a result of the enactmen

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1702 — Application of Longshore and Harbor

Page 4872 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1702 1 See References in Text note below. recommendation of the head of any department or other agency of the U.S. Government, determines a contract financed under a successor provision of any successor act to the Mutual Security Act of 1954 should be covered by this section. 1959—Subsec. (a). Pub. L. 86–70 struck out ‘‘or in Alas- ka or the Canal Zone’’ after ‘‘continental United States’’ in pars. (2), (3) and (5). 1958—Subsec. (a)(2). Pub. L. 85–608, § 101(a), sub- stituted ‘‘outside the continental United States or in Alaska or the Canal Zone’’ for ‘‘outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands’’. Subsec. (a)(3). Pub. L. 85–608, § 101(b), substituted pro- visions relating to injuries to civilian employees out- side the continental United States or in Alaska or the Canal Zone paid from nonappropriated funds and who are employed in connection with activities conducted for the mental, physical, and morale improvement of personnel of the Department of Defense and their de- pendents for provisions which related to injuries to per- sons employed as civilian employees of post exchanges or ship-service stores outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands. Subsec. (a)(4). Pub. L. 85–477 added par. (4). Subsec. (a)(5). Pub. L. 85–608, § 101(c), added par. (5). Subsec. (b). Pub. L. 85–608, § 104, substituted ‘‘a hostile force or person’’ for ‘‘an enemy’’ in four places and for ‘‘the enemy’’. Subsec. (c). Pub. L. 85–608, § 401, reenacted subsec. (c) and also repealed section 2 of act June 30, 1953, which had previously repealed subsec. (c). Subsec. (d). Pub. L. 85–608, § 101(d), substituted provi- sions making section inapplicab

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