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5 U.S.C. § 8113 — Increase or decrease of basic compensation
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an individual—
(1) was a minor or employed in a learner’s capacity at the time of injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.
**(b)** If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8104&num=0&edition=prelim), the Secretary, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.
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Stable record: federal_law:legal_authorities:record_usc_eb907d3f43bd62aa7265ea73
Source file: Laws/federal/codes/united-states-code/title-5/section-8113-increase-or-decrease-of-basic-compensation--e13d27cf2d.md
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Source location: Title 5, Chapter 81, § 8113; chapter-081-compensation-for-work-injuries.md
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**(a)** If an individual—
(1) was a minor or employed in a learner’s capacity at the time of injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.
**(b)** If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8104&num=0&edition=prelim), the Secretary, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Labor may review an award for or against payment of compensation at any time on his own motion or on application. The Secretary, in accordance with the facts found on review, may—
(1) end, decrease, or increase the compensation previously awarded; or
(2) award compensation previously refused or discontinued.
**(b)** The action of the Secretary or his designee in allowing or denying a payment under this subchapter is—
(1) final and conclusive for all purposes and with respect to all questions of law and fact; and
(2) not subject to review by another official of the United States or by a court by mandamus or otherwise.
Credit shall be allowed in the accounts of a certifying or disbursing official for payments in accordance with that action.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8128
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this chapter—
(1) “agency” means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Publishing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the Government Accountability Office;
(viii) the Office of the Director of National Intelligence;
(ix) the Defense Intelligence Agency, Department of Defense; or
(x) the National Geospatial-Intelligence Agency, Department of Defense;
(2) “employee” means an individual employed in or under an agency;
(3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) “class” or “class of positions” includes all positions which are sufficiently similar, as to—
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration; and
(5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to—
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in the General Schedule.
**(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5102
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia;
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and
(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire D
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Secretary of Health, Education, and Welfare in carrying out the purposes of chapter 4 of title 29, except to the extent that the Secretary of Labor provides for furnishing these services under [section 8103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8103&num=0&edition=prelim). The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees’ Compensation Fund. However, in reimbursing a State or corresponding agency under an arrangement pursuant to this section the cost to the agency reimbursable in full under [section 32(b)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section32/b/1&num=0&edition=prelim) is excluded.
**(b)** Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive compensation at the rate provided in sections 8105 and 8110 of this title, less the amount of any earnings received from remunerative employment, other than employment undertaken pursuant to such rehabilitation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the succeeding provisions of this section, the Secretary shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in subsection (b).
**(b) Amount of compensation**
(1) **In general** — Compensation under subsection (a) shall be at the rate of 66⅔ percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in paragraph (2).
(2) **Augmented compensation for dependents** — If an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in paragraph (1) shall be augmented at the rate of 8⅓ percent.
(3) **Consideration of other programs**
(A) *In general* — The Secretary may consider the provisions of sections 8114, 8115, and 8146a of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(B) *Minors* — With respect to an eligible individual who is a minor, the Secretary may consider the provisions of [section 8113 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8113&num=0&edition=prelim), and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(4) **Treatment of self-employment income** — For purposes of this section, the term “employment income” includes income from self-employment.
**(c) Limitations**
(1) **Benefits secondary to other coverage**
(A) *In general* — Any compensation under subsection (a) shall be secondary to the obligation of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as provided in subsections (b), (c), (d), and (e) of this section, volunteers under this chapter shall not be deemed Federal employees and shall not be subject to the provisions of laws relating to Federal officers and employees and Federal employment.
**(b) Specific Federal legislation** Individuals enrolled as volunteers for periods of full-time service, or, as the Director deems appropriate in accordance with regulations, for periods of part-time service of not less than 20 hours per week for not less than 26 consecutive weeks, under subchapter I of this chapter shall, with respect to such service or training, (1) for the purposes of subchapter III of chapter 73 of title 5, be deemed persons employed in the executive branch of the Federal Government, (2) for the purposes of the Internal Revenue Code of 1986 ([26 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1&num=0&edition=prelim) et seq.) and title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), be deemed employees of the United States, and any service performed by an individual as a volunteer (including training) shall be deemed to be performed in the employ of the United States, (3) for the purposes of the Federal Tort Claims provisions of title 28, be deemed employees of the United States, (4) for the purposes of subchapter I of chapter 81 of title 5 (relative to compensation to Federal employees for work injuries), shall be deemed civil employees of the United States within the meaning of the term “employee” as defined in [section 8101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5056
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Federal law — U.S. Code and appendices · legal_authorities
Page 938
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8112
is necessary constantly because the employee is
totally blind, or has lost the use of both hands
or both feet, or is paralyzed and unable to walk,
or because of other disability resulting from the
injury making him so helpless as to require con-
stant attendance.
(b) The Secretary may pay an individual un-
dergoing vocational rehabilitation under section
8104 of this title additional compensation nec-
essary for his maintenance, but not to exceed
$200 a month.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 539; Pub. L.
90–83, § 1(54), Sept. 11, 1967, 81 Stat. 210; Pub. L.
93–416, § 7, Sept. 7, 1974, 88 Stat. 1145; Pub. L.
101–534, § 2, Nov. 7, 1990, 104 Stat. 2352.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 756(b).
Oct. 14, 1949, ch. 691, § 105
‘‘Sec. 6(b)’’, 63 Stat. 858.
Sept. 13, 1960, Pub. L. 86–767,
§ 101 (less last 13 words),
74 Stat. 906.
In subsection (a), the words ‘‘In addition to the
monthly compensation otherwise specified in sections
751–756, 757–871, 783–791, and 793 of this title’’ are omit-
ted as surplusage.
In subsection (b), the words ‘‘pursuant to the Sec-
retary’s direction’’ are omitted as unnecessary.
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.
1967 ACT
Section of
title 5
Source (U.S.Code)
Source (Statutes at Large)
8111(a) .......
5 App.: 756(b)(1).
July 4, 1966, Pub. L. 89–488,
§ 4(a), 80 Stat. 253.
Editorial Notes
AMENDMENTS
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8113
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