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5 U.S.C. § 8106 — Partial disability
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.
**(b)** The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—
(1) fails to make an affidavit or report when required; or
(2) knowingly omits or understates any part of his earnings;
forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under [section 8129 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8129&num=0&edition=prelim), unless recovery is waived under that section.
**(c)** A partially disabled employee who—
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;
is not entitled to compensation.
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Stable record: federal_law:legal_authorities:record_usc_b1076c2f1ef6543c6d3d2917
Source file: Laws/federal/codes/united-states-code/title-5/section-8106-partial-disability--a2f7466ba0.md
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Source location: Title 5, Chapter 81, § 8106; chapter-081-compensation-for-work-injuries.md
Stored source content
**(a)** If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.
**(b)** The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—
(1) fails to make an affidavit or report when required; or
(2) knowingly omits or understates any part of his earnings;
forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under [section 8129 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8129&num=0&edition=prelim), unless recovery is waived under that section.
**(c)** A partially disabled employee who—
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;
is not entitled to compensation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.
**(b)** Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
**(c)** A certifying or disbursing official is not liable for an amount certified or paid by him when—
(1) adjustment or recovery of the amount is waived under subsection (b) of this section; or
(2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8129
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Federal law — U.S. Code and appendices · legal_authorities
Whoever knowingly and willfully falsifies, conceals, or covers up a material fact, or makes a false, fictitious, or fraudulent statement or representation, or makes or uses a false statement or report knowing the same to contain any false, fictitious, or fraudulent statement or entry in connection with the application for or receipt of compensation or other benefit or payment under subchapter I or III of chapter 81 of title 5, shall be guilty of perjury, and on conviction thereof shall be punished by a fine under this title, or by imprisonment for not more than 5 years, or both; but if the amount of the benefits falsely obtained does not exceed $1,000, such person shall be punished by a fine under this title, or by imprisonment for not more than 1 year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1920
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 66⅔ percent of his monthly pay. The basic compensation is—
(1) payable regardless of whether the cause of the disability originates in a part of the body other than that member;
(2) payable regardless of whether the disability also involves another impairment of the body; and
(3) in addition to compensation for temporary total or temporary partial disability.
**(b)** With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by—
(1) [section 8105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8105&num=0&edition=prelim) if the disability is total; or
(2) [section 8106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8106&num=0&edition=prelim) if the disability is partial.
**(c)** The compensation schedule is as follows:
(1) Arm lost, 312 weeks’ compensation.
(2) Leg lost, 288 weeks’ compensation.
(3) Hand lost, 244 weeks’ compensation.
(4) Foot lost, 205 weeks’ compensation.
(5) Eye lost, 160 weeks’ compensation.
(6) Thumb lost, 75 weeks’ compensation.
(7) First finger lost, 46 weeks’ compensation.
(8) Great toe lost, 38 weeks’ compensation.
(9) Second finger lost, 30 weeks’ compensation.
(10) Third finger lost, 25 weeks’ compensation.
(11) Toe other than great toe lost, 16 weeks’ compensation.
(12) Fourth finger lost, 15 weeks’ compensation.
(13) Loss of hearing—
(A) complete loss of hearing of one ear
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8107
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Federal law — U.S. Code and appendices · legal_authorities
Page 934
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8105
The words ‘‘section 32(b)(1) of title 29’’ are sub-
stituted for ‘‘section 33(a) (4) of title 29’’ on authority
of the Act of Aug. 3, 1954, ch. 655, § 2, 68 Stat. 652. Ref-
erence is limited to section 32(b)(1) since section 32(b)
(2), (3) is obsolete.
Administration of this subchapter was transferred to
the Secretary of Labor by section 1 of 1950 Reorg. Plan
No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
REFERENCES IN TEXT
Chapter 4 of title 29, referred to in subsec. (a), refers
to the Vocational Rehabilitation Act, act June 2, 1920,
ch. 219, 41 Stat. 735, as amended. Section 32(b)(1) of title
29, also referred to in subsec. (a) (enacted Sept. 6, 1966),
did not reflect amendment of section 32(b) by Pub. L.
89–333 § 2(a), Nov. 8, 1965, 79 Stat. 1282, which eliminated
obsolete pars. (2) and (3) and redesignated par. (1) provi-
sions as subsec. (b) and amended such subsection. Sec-
tion 32(b) of title 29, refers to section 2(b) of act June
2, 1920, as amended. Such provisions were repealed by
former section 500(a) of Pub. L. 93–112, title V, Sept. 26,
1973, 87 Stat. 390, and pursuant to former section 500(a)
of Pub. L. 93–112, which also provided that references to
the Vocational Rehabilitation Act in other provisions
of law were to be deemed a reference to the Rehabilita-
tion Act of 1973, and were covered by sections 701 et seq.
and 731(a), respectively, of Title 29, Labor.
AMENDMENTS
1974—Pub. L. 93–416 designated existing provisions as
subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 197
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8106
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