33 U.S.C. § 902 — Definitions

Page 278 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 902 ‘‘(2) the term ‘disability’ has the meaning given such term by section 2(10) of the Act [section 902(10) of this title] as amended by this Act.’’ EFFECTIVE DATE Section 52, formerly § 51, of act Mar. 4, 1927, renum- bered Oct. 27, 1972, Pub. L. 92–576, § 19, 86 Stat. 1263, pro- vided that: ‘‘Sections 39 to 48, 50 to 52 [50 to 52, for- merly 49 to 51, renumbered Pub. L. 92–576, § 19], inclu- sive [sections 939 to 948, 949, and 950 of this title], shall become effective upon the passage of this Act [Mar. 4, 1927], and the remainder of this Act shall become effec- tive on July 1, 1927.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–426, § 1(a), Sept. 28, 1984, 98 Stat. 1639, pro- vided that: ‘‘this Act [enacting section 942 of this title, amending this section, sections 902 to 910, 912 to 914, 917 to 919, 921 to 923, 928 to 935, 938 to 940, 944, and 948a of this title, and section 932 of Title 30, Mineral Lands and Mining, repealing sections 945 to 947 of this title, and enacting provisions set out as notes under this section and section 907 of this title] may be cited as the ‘Longshore and Harbor Workers’ Compensation Act Amendments of 1984’.’’ SHORT TITLE OF 1972 AMENDMENT Pub. L. 92–576, § 1, Oct. 27, 1972, 86 Stat. 1251, provided: ‘‘That this Act [enacting section 948a, amending sec- tions 902, 903, 905 to 910, 912 to 914, 917, 919, 921, 921a, 923, 927, 928, 933, 935, 939, 940, and 944 of this title, and enact- ing and amending provisions set out as notes under this section and section 902 of this title] may be cited as the ‘Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972’.’’ REFERENCES TO LONGSHOREMEN’S AND HARBOR WORKERS’ COMPENSATION ACT Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654, provided that: ‘‘Reference in any other statute, regula- tion, order, or other document to the Longshoremen’s and Harbor Workers’ Compensation Act shall be deemed to refer to the Longshore and Harbor Workers’ Compensation Act.’’ § 902. Definitions When used in this chapter— (1) The term ‘‘person’’ means individual, partnership, corporation, or association. (2) The term ‘‘injury’’ means accidental in- jury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and in- cludes an injury caused by the willful act of a third person directed against an employee be- cause of his employment. (3) The term ‘‘employee’’ means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-work- er including a ship repairman, shipbuilder, and ship-breaker, but such term does not include— (A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work; (B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet; (C) individuals employed by a marina and who are not engaged in construction, re- placement, or expansion of such marina (ex- cept for routine maintenance); (D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this chapter; (E) aquaculture workers; (F) individuals employed to build any rec- reational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel; (G) a master or member of a crew of any vessel; or (H) any person engaged by a master to load or unload or repair any small vessel under eighteen tons net; if individuals described in clauses (A) through (F) are subject to coverage under a State workers’ compensation law. (4) The term ‘‘employer’’ means an employer any of whose employees are employed in mari- time employment, in whole or in part, upon the navigable waters of the United States (in- cluding any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel). (5) The term ‘‘carrier’’ means any person or fund authorized under section 932 of this title to insure under this chapter and includes self- insurers. (6) The term ‘‘Secretary’’ means the Sec- retary of Labor. (7) The term ‘‘deputy commissioner’’ means the deputy commissioner having jurisdiction in respect of an injury or death. (8) The term ‘‘State’’ includes a Territory and the District of Columbia. (9) The term ‘‘United States’’ when used in a geographical sense means the several States and Territories and the District of Columbia, including the territorial waters thereof. (10) ‘‘Disability’’ means incapacity because of injury to earn the wages which the em- ployee was receiving at the time of injury in the same or any other employment; but such term shall mean permanent impairment, de- termined (to the extent covered thereby) under the guides to the evaluation of perma- nent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title. (11) ‘‘Death’’ as a basis for a right to com- pensation means only death resulting from an injury. (12) ‘‘Compensation’’ means the money al- lowance payable to an employee or to his de- pendents as provided for in this chapter, and includes funeral benefits provided therein. (13) The term ‘‘wages’’ means the money rate at which the service rendered by an em- ployee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the em- ployer and included for purposes of any with- holding of tax under subtitle C of title 26 (re- Page 279 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 902 lating to employment taxes). The term wages does not include fringe benefits, including (but not limited to) employer payments for or con- tributions to a retirement, pension, health and welfare, life insurance, training, social secu- rity or other employee or dependent benefit plan for the employee’s or dependent’s benefit, or any other employee’s dependent entitle- ment. (14) ‘‘Child’’ shall include a posthumous child, a child legally adopted prior to the in- jury of the employee, a child in relation to whom the deceased employee stood in loco parentis for at least one year prior to the time of injury, and a stepchild or acknowledged il- legitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. ‘‘Grandchild’’ means a child as above defined of a child as above de- fined. ‘‘Brother’’ and ‘‘sister’’ includes step- brothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. ‘‘Child’’, ‘‘grandchild’’, ‘‘broth- er’’, and ‘‘sister’’ include only a person who is under eighteen years of age, or who, though eighteen years of age or over, is (1) wholly de- pendent upon the employee and incapable of self-support by reason of mental or physical disability, or (2) a student as defined in para- graph (19) of this section. (15) The term ‘‘parent’’ includes step-parents and parents by adoption, parents-in-law, and any person who for more than three years prior to the death of the deceased employee stood in the place of a parent to him, if de- pendent on the injured employee. (16) The terms ‘‘widow or widower’’ includes only the decedent’s wife or husband living with or dependent for support upon him or her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time. (17) The terms ‘‘adoption’’ or ‘‘adopted’’ mean legal adoption prior to the time of the injury. (18) The term ‘‘student’’ means a person reg- ularly pursuing a full-time course of study or training at an institution which is— (A) a school or college or university oper- ated or directly supported by the United States, or by any State or local government or political subdivision thereof, (B) a school or college or university which has been accredited by a State or by a State recognized or nationally recognized accred- iting agency or body. (C) a school or college or university not so accredited but whose credits are accepted, on transfer, by not less than three institu- tions which are so accredited, for credit on the same basis as if transferred from an in- stitution so accredited, or (D) an additional type of educational or training institution as defined by the Sec- retary, but not after he reaches the age of twenty- three or has completed four years of education beyond the high school level, except that, where his twenty-third birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child shall not be deemed to have ceased to be a student during any interim be- tween school years if the interim does not ex- ceed five months and if he shows to the satis- faction of the Secretary that he has a bona fide intention of continuing to pursue a full- time course of education or training during the semester or other enrollment period im- mediately following the interim or during pe- riods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A child shall not be deemed to be a student under this chapter during a pe- riod of service in the Armed Forces of the United States. (19) The term ‘‘national average weekly wage’’ means the national average weekly earnings of production or nonsupervisory workers on private nonagricultural payrolls. (20) The term ‘‘Board’’ shall mean the Bene- fits Review Board. (21) Unless the context requires otherwise, the term ‘‘vessel’’ means any vessel upon which or in connection with which any person entitled to benefits under this chapter suffers injury or death arising out of or in the course of his employment, and said vessel’s owner, owner pro hac vice, agent, operator, charter or bare boat charterer, master, officer, or crew member. (22) The singular includes the plural and the masculine includes the feminine and neuter. (Mar. 4, 1927, ch. 509, § 2, 44 Stat. 1424; June 25, 1938, ch. 685, § 1, 52 Stat. 1164; Pub. L. 92–576, §§ 2(a), (b), 3, 5(b), 15(c), 18(b), 20(c)(1), Oct. 27, 1972, 86 Stat. 1251, 1253, 1262, 1263, 1265; Pub. L. 98–426, §§ 2, 5(a)(2), 27(a)(1), Sept. 28, 1984, 98 Stat. 1639, 1641, 1654; Pub. L. 111–5, div. A, title VIII, § 803, Feb. 17, 2009, 123 Stat. 187.) Editorial Notes REFERENCES IN TEXT The phrase ‘‘a student as defined in paragraph (19) of this section’’, referred to in par. (14), probably means a student as defined in paragraph (18) of this section. AMENDMENTS 2009—Par. (3)(F). Pub. L. 111–5, § 803(2), substituted ‘‘, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;’’ for semi- colon at end. Pub. L. 111–5, § 803(1), which directed the striking out of ‘‘, repair or dismantle’’, was executed by striking out ‘‘, repair, or dismantle’’ after ‘‘build’’ to reflect the probable intent of Congress. 1984—Par. (3). Pub. L. 98–426, § 2(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The term ‘employee’ means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, ship- builder, and shipbreaker, but such term does not in- clude a master or member of a crew of any vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons net.’’ Par. (6). Pub. L. 98–426, § 27(a)(1), substituted ‘‘The term ‘Secretary’ means the Secretary of Labor’’ for Page 280 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 903 ‘‘The term ‘commission’ means the United States Em- ployees’ Compensation Commission’’. Par. (10). Pub. L. 98–426, § 2(b), inserted ‘‘; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title’’. Par. (13). Pub. L. 98–426, § 2(c), amended par. (13) gen- erally. Prior to amendment, par. (13) read as follows: ‘‘ ‘Wages’ means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reason- able value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer’’. Par. (21). Pub. L. 98–426, § 5(a)(2), substituted ‘‘Unless the context requires otherwise, the’’ for ‘‘The’’. 1972—Par. (3). Pub. L. 92–576, § 2(a), defined ‘‘em- ployee’’ to mean any person engaged in maritime em- ployment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker and substituted ‘‘or’’ for ‘‘nor’’ before ‘‘any person engaged by the master’’. Par. (4). Pub. L. 92–576, § 2(b), defined ‘‘employer’’ to include an employer any of whose employees are em- ployed in maritime employment upon the navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel. Par. (14). Pub. L. 92–576, § 3(b), defined ‘‘child, grand- child, brother, and sister’’ to include a student as de- fined in par. (19) of this section. Par. (16). Pub. L. 92–576, § 20(c)(1), consolidated provi- sions of former par. (16) definition of ‘‘widow’’ and former par. (17) definition of ‘‘widower’’ in one defini- tion of ‘‘widow or widower’’; and in redefining ‘‘wid- ower’’, substituted provision for decedent’s husband liv- ing with or dependent upon wife for support at time of her death, for prior provision for decedent’s husband living with and dependent upon wife for support at time of her death, and included decedent’s husband living apart from wife for justifiable cause or by reason of her desertion at time of her death. Par. (17). Pub. L. 92–576, § 20(c)(1), redesignated former par. (18) definition of ‘‘adoption’’ or ‘‘adopted’’ as par. (17). Former par. (17) definition of ‘‘widower’’ incor- porated in par. (16). Par. (18). Pub. L. 92–576, §§ 3(a), 20(c)(1), added par. (19) definition of ‘‘student’’ and redesignated such par. (19) as par. (18). Former par. (18) definition of ‘‘adoption’’ or ‘‘adopted’’ redesignated par. (17). Par. (19). Pub. L. 92–576, §§ 5(b), 20(c)(1), added par. (20) definition of ‘‘national average weekly wage’’ and re- designated such par. (20) as par. (19). Former par. (19) definition of ‘‘student’’ redesignated par. (18). Par. (20). Pub. L. 92–576, §§ 15(c), 20(c)(1), added par. (21) definition of ‘‘Board’’ and redesignated such par. (21) as par. (20). Former par. (20) definition of ‘‘national average weekly wage’’ redesignated par. (19). Par. (21). Pub. L. 92–576, §§ 18(b), 20(c)(1), added par. (22) definition of ‘‘vessel’’ and redesignated such par. (22) as par. (21). Former par. (21) definition of ‘‘Board’’ redesignated par. (20). Par. (22). Pub. L. 92–576, §§ 3(a), 5(b), 15(c), 18(b), 20(c)(1), redesignated former par. (19) definition of ‘‘sin- gular’’ as pars. (20), (21), (22), (23), and (22) again. Former par. (22) definition of ‘‘vessel’’ redesignated par. (21). 1938—Par. (14). Act June 25, 1938, included within defi- nition of child, ‘‘a child in relation to whom the de- ceased employee stood in loco parentis for at least one year prior to the time of injury’’ and within definition of child, grandchild, brother, and sister ‘‘persons who though eighteen years of age or over, are wholly de- pendent upon the deceased employee and incapable of self-support by reason of mental or physical dis- ability’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by section 2(b) of Pub. L. 98–426 ef- fective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98–426 effective Sept. 28, 1984, see sec- tion 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–576, § 20(c)(3), Oct. 27, 1972, 86 Stat. 1265, provided that: ‘‘The amendments made by this sub- section [amending this section and section 909 of this title] shall apply only with respect to deaths or injuries occurring after the enactment of this Act, [Oct. 27, 1972].’’ Pub. L. 92–576, § 22, Oct. 27, 1972, 86 Stat. 1265, provided that: ‘‘The amendments made by this Act [see Short Title note set out under section 901 of this title] shall become effective thirty days after the date of enact- ment of this Act [Oct. 27, 1972].’’ Executive Documents TRANSFER OF FUNCTIONS Prior to the amendment of this chapter by Pub. L. 98–426, the word ‘‘Secretary’’ meaning the Secretary of Labor had been substituted for the word ‘‘commission’’ meaning the United States Employees’ Compensation Commission throughout this chapter even when not ex- pressly so directed by statute in view of the transfer of the functions of the commission first to the Federal Se- curity Administrator by Reorg. Plan No. 2 of 1946, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, and later to the Secretary of Labor by Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271. Where such substitution had thus been made the statutory substi- tution of terms by Pub. L. 98–426 required no change in text. § 903. Coverage (a) Disability or death; injuries occurring upon navigable waters of United States Except as otherwise provided in this section, compensation shall be payable under this chap- ter in respect of disability or death of an em- ployee, but only if the disability or death results from an injury occurring upon the navigable wa- ters of the United States (including any adjoin- ing pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, un- loading, repairing, dismantling, or building a vessel). (b) Governmental officers and employees No compensation shall be payable in respect of the disability or death of an officer or employee of the United States, or any agency thereof, or of any State or foreign government, or any sub- division thereof. (c) Intoxication; willful intention to kill No compensation shall be payable if the injury was occasioned solely by the intoxication of the employee or by the willful intention of the em- ployee to injure or kill himself or another.