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 (c) and also repealed section 2 of act June 30, 1953, which had previously repealed subsec.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 inapplicable to persons who are prisoners of war or protected persons and who are de- tained or utilized by the United States for provisions which made section inapplicable to persons who are not citizens of the United States and who suffered an in- jury, disability, death, or detention by the enemy sub- sequent to June 30, 1953. 1953—Subsec. (c). Act June 30, 1953, § 2, repealed sub- sec. (c) which provided for amount of compensation payable to noncitizens and nonresidents for permanent total or permanent partial disability or death, limited eligible dependents and permitted Secretary to com- mute future installments of compensation. Subsec. (d). Act June 30, 1953, § 3, added cl. (3). 1946—Act Aug. 7, 1946, made benefits payable for de- tention uniform from date of capture rather than at a reduced rate for 2 years as was the case formerly, pre- vented dual payments without impairing compensation rights for disability which continues after repatriation, and provided for adjustments of overpayments made under a mistake of facts. 1943—Subsec. (b)(1). Act Dec. 23, 1943, inserted fourth proviso in second paragraph. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–70 effective June 25, 1959, see section 47(g) of Pub. L. 86–70, set out as a note under section 1651 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–608 effective June 30, 1958, see section 402 of Pub. L. 85–608, set out as a note under section 1651 of this title. EFFECTIVE DATE OF 1943 AMENDMENT Act Dec. 23, 1943, ch. 380, title I, 57 Stat. 627, provided in part that: ‘‘The amendment in paragraph (a) [amend- ing this section] shall become effective the first day of the month next following the approval of this Act [Dec. 23, 1943].’’ EFFECTIVE DATE Act Dec. 2, 1942, ch. 668, title I, § 107, 56 Stat. 1033, pro- vided that: ‘‘This title [enacting this subchapter] shall take effect as of December 7, 1941.’’ RETROACTIVE EFFECT OF 1946 AMENDMENT; REVIEW OF CASES Act Aug. 7, 1946, ch. 805, § 2, 60 Stat. 899, provided for application of section 1 of act Aug. 7, 1946, amending this section, in all cases coming within the purview of subsec. (b) of this section, retrospectively to Jan. 1, 1942; and for review by the United States Employees’ Compensation Commission of any case affected by such provisions, to make the adjustment of benefits which they require, and to make payments where the de- tained person has died since adjudication, to his legal representative. SHORT TITLE Section 208 of act Dec. 2, 1942, as added by Pub. L. 85–608, § 105, provided that: ‘‘Titles I and II of this Act [enacting subchapters I and II of this chapter] may be cited as the ‘War Hazards Compensation Act’.’’ REPEALS Pub. L. 87–195, pt. IV, § 702, Sept. 4, 1961, 75 Stat. 463, cited as a credit to this section, was repealed by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except in so far as section 702 affected this section. Act June 30, 1953, ch. 176, § 6, 67 Stat. 135, repealed act July 3, 1952, ch. 570, § 1(a)(13), 66 Stat. 331, which defined terms ‘‘enemy’’, ‘‘allies’’, ‘‘national war effort’’, and ‘‘war effort’’. INCREASE IN COMPENSATION FOR INJURIES AND DEATH FROM INJURIES SUSTAINED BEFORE JULY 1, 1946 Pub. L. 87–380, Oct. 4, 1961, 75 Stat. 809, increased the monthly disability and death compensation payable pursuant to subsec. (a) of this section with respect to injuries or deaths resulting from injury sustained prior to July 1, 1946, by 15 per centum, effective only with re- spect to disability and death compensation payable for periods commencing on and after Oct. 4, 1961. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Labor, see note set out under section 1711 of this title. § 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, the scale of compensation ben- efits and the provisions for determining the amount of compensation and the payment there- of 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 sub- chapter I of chapter 81 of title 5: Provided, That the total compensation payable under this sub- chapter for injury or death shall in no event ex- ceed 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 Page 4873 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1704 provided for in the original enactment of this chapter. (b) For the purpose of computing compensa- tion with respect to cases coming within the purview of section 1701 of this title, the provi- sions 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. (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.) Editorial Notes REFERENCES IN TEXT The Longshore and Harbor Workers’ Compensation Act, referred to in section catchline, is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Nav- igable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables. Subsection (m) of section 914 of title 33, referred to in subsec. (a), was repealed by Pub. L. 92–576, § 5(e), Oct. 27, 1972, 86 Stat. 1254. CODIFICATION ‘‘Subchapter I of chapter 81 of title 5’’ substituted for references to Act of September 7, 1916, as amended, known as the Federal Employees’ Compensation Act, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1984—Pub. L. 98–426 substituted ‘‘Longshore and Har- bor Workers’ Compensation Act’’ for ‘‘Longshoremen’s and Harbor Workers’ Compensation Act’’ wherever ap- pearing. 1958—Subsec. (a). Pub. L. 85–608 struck out proviso that required any amendment to the Longshoremen’s and Harbor Workers’ Compensation Act which in- creased the amount of benefits payable for injury or death to be applied in the administration of this sec- tion as if the amendment had been in effect at the time of the particular injury or death. 1948—Subsec. (a). Act July 3, 1948, inserted all text in proviso beginning ‘‘as fixed in section 914(m) of title 33’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–608 effective June 30, 1958, see section 402 of Pub. L. 85–608, set out as a note under section 1651 of this title. BENEFITS ADJUDICATED PRIOR TO AUGUST 8, 1958 Pub. L. 85–608, title I, § 102, Aug. 8, 1958, 72 Stat. 536, provided that the amendment made by that section shall not affect benefits adjudicated thereunder prior to Aug. 8, 1958. § 1703. ‘‘Contractor with the United States’’ de- fined As used in this subchapter, the term ‘‘con- tractor with the United States’’ includes any subcontractor or subordinate subcontractor with respect to the contract of such contractor. (Dec. 2, 1942, ch. 668, title I, § 103, 56 Stat. 1031.) § 1704. Reimbursement (a) Payments reimbursable; filing claim for reim- bursement; regulations for payment of direct benefits Where any employer or his insurance carrier or compensation fund pays or is required to pay benefits— (1) to any person or fund on account of in- jury or death of any person coming within the purview of this subchapter or chapter 11 of this title, if such injury or death arose from a war-risk hazard, which are payable under any workmen’s compensation law of the United States or of any State, Territory, or posses- sion of the United States, or other jurisdic- tion; or (2) to any person by reason of any agreement outstanding on December 2, 1942 made in ac- cordance with a contract between the United States and any contractor therewith to pay benefits with respect to the death of any em- ployee of such contractor occurring under cir- cumstances not entitling such person to bene- fits under any workmen’s compensation law or to pay benefits with respect to the failure of the United States or its contractor to furnish transportation upon the completion of the em- ployment of any employee of such contractor to his home or to the place where he was em- ployed; or (3) to any person by reason of an agreement approved or authorized by the United States under which a contractor with the United States has agreed to pay workmen’s com- pensation benefits or benefits in the nature of workmen’s compensation benefits to an in- jured employee or his dependents on account of detention by a hostile force or person or on account of injury or death arising from a war- risk hazard; such employer, carrier, or fund shall be entitled to be reimbursed for all benefits so paid or pay- able, including funeral and burial expenses, med- ical, hospital, or other similar costs for treat- ment and care; and reasonable and necessary claims expense in connection therewith. Claim for such reimbursement shall be filed with the Secretary under regulations promulgated by him, and such claims, or such part thereof as may be allowed by the Secretary, shall be paid from the compensation fund established under section 8147 of title 5. The Secretary may, under such regulations as he shall prescribe, pay such benefits, as they accrue and in lieu of reimburse- ment, directly to any person entitled thereto, and the insolvency of such employer, insurance carrier, or compensation fund shall not affect the right of the beneficiaries of such benefits to receive the compensation directly from the said compensation fund established under section 8147 of title 5. The Secretary may also, under