33 U.S.C. § 908 — Compensation for disability

Page 287 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 908 Subsec. (d). Pub. L. 86–757 redesignated all but first sentence of former subsec. (a) as (d), substituting ‘‘If the employer fails to provide the medical or other treatment, services, and supplies required to be fur- nished by subsection (a), after request by the injured employee, or fails to maintain a panel of physicians as required by subsection (c), or fails to permit the em- ployee to choose an attending physician from such panel, such injured employee may procure such medical or other treatment, services, and supplies and select a physician to render treatment and services at the ex- pense of the employer’’ for ‘‘If the employer fails to provide the same, after request by the injured em- ployee, such injured employee may do so at the expense of the employer.’’ Former subsec. (d) redesignated (g). Subsecs. (e) to (g). Pub. L. 86–757 redesignated former subsecs. (b) to (d) as (e) to (g), striking out ‘‘unless and until notice of election to sue has been given as re- quired by section 933(a) of this title’’ and ‘‘without the giving of such notice’’ before and after ‘‘or suit has been brought against such third party’’ in subsec. (g). 1938—Subsec. (a). Act June 25, 1938, § 2, authorized deputy commissioner to excuse failure to furnish pre- scribed medical report. Subsec. (d). Act June 25, 1938, § 3, added subsec. (d). 1934—Subsec. (a). Act May 26, 1934, authorized deputy commissioner to suspend payment of compensation for refusal, without justification, to submit to medical or surgical treatment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 7(a), (e) of Pub. L. 98–426 effec- tive 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 7(b)–(d) of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, see section 28(b), (e)(2) of Pub. L. 98–426, set out as a note under section 901 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title. CLAIMS FILED UNDER BLACK LUNG BENEFITS ACT Pub. L. 98–426, § 28(h)(1), Sept. 28, 1984, 98 Stat. 1655, provided that: ‘‘The amendments made by section 7 of this Act [amending this section] shall not apply to claims filed under the Black Lung Benefits Act (30 U.S.C. 901 et seq.).’’ § 908. Compensation for disability Compensation for disability shall be paid to the employee as follows: (a) Permanent total disability: In case of total disability adjudged to be permanent 662⁄3 per centum of the average weekly wages shall be paid to the employee during the continuance of such total disability. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof shall, in the absence of con- clusive proof to the contrary, constitute perma- nent total disability. In all other cases perma- nent total disability shall be determined in ac- cordance with the facts. (b) Temporary total disability: In case of dis- ability total in character but temporary in qual- ity 662⁄3 per centum of the average weekly wages shall be paid to the employee during the con- tinuance thereof. (c) Permanent partial disability: In case of dis- ability partial in character but permanent in quality the compensation shall be 662⁄3 per cen- tum of the average weekly wages, which shall be in addition to compensation for temporary total disability or temporary partial disability paid in accordance with subsection (b) or subsection (e) of this section, respectively, and shall be paid to the employee, as follows: (1) Arm lost, three hundred and twelve weeks’ compensation. (2) Leg lost, two hundred and eighty-eight weeks’ compensation. (3) Hand lost, two hundred and forty-four weeks’ compensation. (4) Foot lost, two hundred and five weeks’ compensation. (5) Eye lost, one hundred and sixty weeks’ compensation. (6) Thumb lost, seventy-five weeks’ com- pensation. (7) First finger lost, forty-six weeks’ com- pensation. (8) Great toe lost, thirty-eight weeks’ com- pensation. (9) Second finger lost, thirty weeks’ com- pensation. (10) Third finger lost, twenty-five weeks’ compensation. (11) Toe other than great toe lost, sixteen weeks’ compensation. (12) Fourth finger lost, fifteen weeks’ com- pensation. (13) Loss of hearing: (A) Compensation for loss of hearing in one ear, fifty-two weeks. (B) Compensation for loss of hearing in both ears, two-hundred weeks. (C) An audiogram shall be presumptive evidence of the amount of hearing loss sus- tained as of the date thereof, only if (i) such audiogram was administered by a licensed or certified audiologist or a physician who is certified in otolaryngology, (ii) such audio- gram, with the report thereon, was provided to the employee at the time it was adminis- tered, and (iii) no contrary audiogram made at that time is produced. (D) The time for filing a notice of injury, under section 912 of this title, or a claim for compensation, under section 913 of this title, shall not begin to run in connection with any claim for loss of hearing under this sec- tion, until the employee has received an audiogram, with the accompanying report thereon, which indicates that the employee has suffered a loss of hearing. (E) Determinations of loss of hearing shall be made in accordance with the guides for the evaluation of permanent impairment as promulgated and modified from time to time by the American Medical Association. (14) Phalanges: Compensation for loss of more than one phalange of a digit shall be the same as for loss of the entire digit. Compensa- tion for loss of the first phalange shall be one- half of the compensation for loss of the entire digit. (15) Amputated arm or leg: Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for a loss of the arm or leg; but, if amputated be- tween the elbow and the wrist or the knee and the ankle, shall be the same as for loss of a hand or foot. Page 288 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 908 (16) Binocular vision or per centum of vision: Compensation for loss of binocular vision or for 80 per centum or more of the vision of an eye shall be the same as for loss of the eye. (17) Two or more digits: Compensation for loss of two or more digits, or one or more pha- langes of two or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the compensation for loss of a hand or foot. (18) Total loss of use: Compensation for per- manent total loss of use of a member shall be the same as for loss of the member. (19) Partial loss or partial loss of use: Com- pensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss of use of the member. (20) Disfigurement: Proper and equitable compensation not to exceed $7,500 shall be awarded for serious disfigurement of the face, head, or neck or of other normally exposed areas likely to handicap the employee in se- curing or maintaining employment. (21) Other cases: In all other cases in the class of disability, the compensation shall be 662⁄3 per centum of the difference between the average weekly wages of the employee and the employee’s wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of partial disability. (22) In any case in which there shall be a loss of, or loss of use of, more than one member or parts of more than one member set forth in paragraphs (1) to (19) of this subsection, not amounting to permanent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecutively, except that where the injury affects only two or more digits of the same hand or foot, para- graph (17) of this subsection shall apply. (23) Notwithstanding paragraphs (1) through (22), with respect to a claim for permanent partial disability for which the average week- ly wages are determined under section 910(d)(2) of this title, the compensation shall be 662⁄3 per centum of such average weekly wages multi- plied by the percentage of permanent impair- ment, as determined under the guides referred to in section 902(10) of this title, payable dur- ing the continuance of such impairment. (d)(1) If an employee who is receiving com- pensation for permanent partial disability pur- suant to subsection (c)(1)–(20) dies from causes other than the injury, the total amount of the award unpaid at the time of death shall be pay- able to or for the benefit of his survivors, as fol- lows: (A) if the employee is survived only by a widow or widower, such unpaid amount of the award shall be payable to such widow or wid- ower, (B) if the employee is survived only by a child or children, such unpaid amount of the award shall be paid to such child or children in equal shares, (C) if the employee is survived by a widow or widower and a child or children, such unpaid amount of the award shall be payable to such survivors in equal shares, (D) if there be no widow or widower and no surviving child or children, such unpaid amount of the award shall be paid to the sur- vivors specified in section 909(d) of this title (other than a wife, husband, or child); and the amount to be paid each such survivor shall be determined by multiplying such unpaid amount of the award by the appropriate per- centage specified in section 909(d) of this title, but if the aggregate amount to which all such survivors are entitled, as so determined, is less than such unpaid amount of the award, the ex- cess amount shall be divided among such sur- vivors pro rata according to the amount other- wise payable to each under this subparagraph. (2) Notwithstanding any other limitation in section 909 of this title, the total amount of any award for permanent partial disability pursuant to subsection (c)(1)–(20) unpaid at time of death shall be payable in full in the appropriate dis- tribution. (3) An award for disability may be made after the death of the injured employee. Except where compensation is payable under subsection (c)(21) if there be no survivors as prescribed in this sec- tion, then the compensation payable under this subsection shall be paid to the special fund es- tablished under section 944(a) of this title. (e) Temporary partial disability: In case of temporary partial disability resulting in de- crease of earning capacity the compensation shall be two-thirds of the difference between the injured employee’s average weekly wages before the injury and his wage-earning capacity after the injury in the same or another employment, to be paid during the continuance of such dis- ability, but shall not be paid for a period exceed- ing five years. (f) Injury increasing disability: (1) In any case in which an employee having an existing permanent partial disability suf- fers injury, the employer shall provide com- pensation for such disability as is found to be attributable to that injury based upon the av- erage weekly wages of the employee at the time of the injury. If following an injury fall- ing within the provisions of subsection (c)(1)–(20), the employee is totally and perma- nently disabled, and the disability is found not to be due solely to that injury, the employer shall provide compensation for the applicable prescribed period of weeks provided for in that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater, except that, in the case of an injury falling within the provisions of subsection (c)(13), the employer shall provide compensa- tion for the lesser of such periods. In all other cases of total permanent disability or of death, found not to be due solely to that in- jury, of an employee having an existing per- manent partial disability, the employer shall provide in addition to compensation under subsections (b) and (e) of this section, com- pensation payments or death benefits for one hundred and four weeks only. If following an injury falling within the provisions of sub- section (c)(1)–(20), the employee has a perma- nent partial disability and the disability is found not to be due solely to that injury, and such disability is materially and substantially Page 289 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 908 greater than that which would have resulted from the subsequent injury alone, the em- ployer shall provide compensation for the ap- plicable period of weeks provided for in that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater, except that, in the case of an injury falling within the provisions of subsection (c)(13), the employer shall provide compensa- tion for the lesser of such periods. In all other cases in which the employee has a permanent partial disability, found not to be due solely to that injury, and such disability is materially and substantially greater than that which would have resulted from the sub- sequent injury alone, the employer shall pro- vide in addition to compensation under sub- sections (b) and (e) of this section, compensa- tion for one hundred and four weeks only. (2)(A) After cessation of the payments for the period of weeks provided for herein, the employee or his survivor entitled to benefits shall be paid the remainder of the compensa- tion that would be due out of the special fund established in section 944 of this title, except that the special fund shall not assume respon- sibility with respect to such benefits (and such payments shall not be subject to cessation) in the case of any employer who fails to comply with section 932(a) of this title. (B) After cessation of payments for the pe- riod of weeks provided for in this subsection, the employer or carrier responsible for pay- ment of compensation shall remain a party to the claim, retain access to all records relating to the claim, and in all other respects retain all rights granted under this chapter prior to cessation of such payments. (3) Any request, filed after September 28, 1984, for apportionment of liability to the spe- cial fund established under section 944 of this title for the payment of compensation bene- fits, and a statement of the grounds therefore, shall be presented to the deputy commissioner prior to the consideration of the claim by the deputy commissioner. Failure to present such request prior to such consideration shall be an absolute defense to the special fund’s liability for the payment of any benefits in connection with such claim, unless the employer could not have reasonably anticipated the liability of the special fund prior to the issuance of a compensation order. (g) Maintenance for employees undergoing vo- cational rehabilitation: An employee who as a result of injury is or may be expected to be to- tally or partially incapacitated for a remunera- tive occupation and who, under the direction of the Secretary as provided by section 939(c) of this title, is being rendered fit to engage in a re- munerative occupation, shall receive additional compensation necessary for his maintenance, but such additional compensation shall not ex- ceed $25 a week. The expense shall be paid out of the special fund established in section 944 of this title. (h) The wage-earning capacity of an injured employee in cases of partial disability under subsection (c)(21) of this section or under sub- section (e) of this section shall be determined by his actual earnings if such actual earnings fairly and reasonably represent his wage-earning ca- pacity: Provided, however, That if the employee has no actual earnings or his actual earnings do not fairly and reasonably represent his wage- earning capacity, the deputy commissioner may, in the interest of justice, fix such wage-earning capacity as shall be reasonable, having due re- gard to the nature of his injury, the degree of physical impairment, his usual employment, and any other factors or circumstances in the case which may affect his capacity to earn wages in his disabled condition, including the ef- fect of disability as it may naturally extend into the future. (i)(1) Whenever the parties to any claim for compensation under this chapter, including sur- vivors benefits, agree to a settlement, the dep- uty commissioner or administrative law judge shall approve the settlement within thirty days unless it is found to be inadequate or procured by duress. Such settlement may include future medical benefits if the parties so agree. No li- ability of any employer, carrier, or both for medical, disability, or death benefits shall be discharged unless the application for settlement is approved by the deputy commissioner or ad- ministrative law judge. If the parties to the set- tlement are represented by counsel, then agree- ments shall be deemed approved unless specifi- cally disapproved within thirty days after sub- mission for approval. (2) If the deputy commissioner disapproves an application for settlement under paragraph (1), the deputy commissioner shall issue a written statement within thirty days containing the reasons for disapproval. Any party to the settle- ment may request a hearing before an adminis- trative law judge in the manner prescribed by this chapter. Following such hearing, the ad- ministrative law judge shall enter an order ap- proving or rejecting the settlement. (3) A settlement approved under this section shall discharge the liability of the employer or carrier, or both. Settlements may be agreed upon at any stage of the proceeding including after entry of a final compensation order. (4) The special fund shall not be liable for re- imbursement of any sums paid or payable to an employee or any beneficiary under such settle- ment, or otherwise voluntarily paid prior to such settlement by the employer or carrier, or both. (j)(1) The employer may inform a disabled em- ployee of his obligation to report to the em- ployer not less than semiannually any earnings from employment or self-employment, on such forms as the Secretary shall specify in regula- tions. (2) An employee who— (A) fails to report the employee’s earnings under paragraph (1) when requested, or (B) knowingly and willfully omits or under- states any part of such earnings, and who is determined by the deputy commis- sioner to have violated clause (A) or (B) of this paragraph, forfeits his right to compensation with respect to any period during which the em- ployee was required to file such report. (3) Compensation forfeited under this sub- section, if already paid, shall be recovered by a deduction from the compensation payable to the Page 290 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 908 employee in any amount and on such schedule as determined by the deputy commissioner. (Mar. 4, 1927, ch. 509, § 8, 44 Stat. 1427; May 26, 1934, ch. 354, §§ 2, 3, 48 Stat. 806; June 25, 1938, ch. 685, §§ 4, 5, 52 Stat. 1165; June 24, 1948, ch. 623, § 2, 62 Stat. 602; July 26, 1956, ch. 735, §§ 2, 3, 70 Stat. 655; Pub. L. 92–576, §§ 5(c), 7, 9, 20(a), Oct. 27, 1972, 86 Stat. 1253, 1255, 1257, 1264; Pub. L. 98–426, §§ 8, 27(a)(2), Sept. 28, 1984, 98 Stat. 1644, 1654.) Editorial Notes AMENDMENTS 1984—Subsec. (c)(13). Pub. L. 98–426, § 8(a), redesig- nated compensation for loss of hearing in one ear as subpar. (A) and for loss in both ears as subpar. (B) and added subpars. (C), (D), and (E) respecting establishing proof of hearing loss. Subsec. (c)(20). Pub. L. 98–426, § 8(b), substituted ‘‘$7,500’’ for ‘‘$3,500’’. Subsec. (c)(21). Pub. L. 98–426, § 8(c)(1), substituted ‘‘the average weekly wages of the employee and the employee’s’’ for ‘‘his average weekly wages and his’’; and struck out ‘‘, but subject to reconsideration of the degree of such impairment by the deputy commissioner on his own motion or upon application of any party in interest’’. Subsec. (c)(23). Pub. L. 98–426, § 8(c)(2), added par. (23). Subsec. (d)(3), (4). Pub. L. 98–426, § 8(d), redesignated par. (4) as par. (3). Former par. (3), which provided that if an employee who was receiving compensation for per- manent partial disability pursuant to subsection (c)(21) of this section died from causes other than the injury, his survivors would receive death benefits as provided in section 909(b)–(g) of this title, except that the per- centage figures therein would be applied to the weekly compensation payable to the employee at the time of his death multiplied by 1.5, rather than to his average weekly wages, was struck out. Subsec. (f)(1). Pub. L. 98–426, § 8(e)(1), inserted at end of second and fourth sentences ‘‘, except that, in the case of an injury falling within the provisions of sub- section (c)(13), the employer shall provide compensa- tion for the lesser of such periods’’. Subsec. (f)(2)(A). Pub. L. 98–426, § 8(e)(2), designated existing provisions of par. (2) as subpar. (A). Pub. L. 98–426, § 8(e)(3), inserted ‘‘, except that the special fund shall not assume responsibility with re- spect to such benefits (and such payments shall not be subject to cessation) in the case of any employer who fails to comply with section 932(a) of this title’’. Subsec. (f)(2)(B). Pub. L. 98–426, § 8(e)(4), added subpar. (B). Subsec. (f)(3). Pub. L. 98–426, § 8(e)(5), added par. (3). Subsec. (g). Pub. L. 98–426, § 27(a)(2), substituted ‘‘Sec- retary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title. Subsec. (i)(1) to (3). Pub. L. 98–426, § 8(f), substituted pars. (1) to (3) respecting procedures for approval of a settlement by the deputy commissioner or administra- tive law judge for former pars. (A) and (B) respecting settlements approved by the deputy commissioner or Secretary. Subsec. (i)(4). Pub. L. 98–426, § 8(g), added par. (4). Subsec. (j). Pub. L. 98–426, § 8(h), added subsec. (j). 1972—Subsec. (c)(20). Pub. L. 92–576, § 7, included com- pensation for serious disfigurement of the neck and other normally exposed areas likely to handicap the employee in securing or maintaining employment. Subsec. (d). Pub. L. 92–576, § 5(c), in revising provi- sions substituted par. (1), subpars. (A) to (D) and pars. (2) to (4) for former provisions having an introductory par. and pars. (1) to (5), making the following changes: Par. (1) incorporated former introductory par. pro- viding for payments to survivors rather than for pay- ments ‘‘for the benefit of the persons after’’; subpar. (A) incorporated former par. (1) providing for a wid- ower rather than dependent husband; Subpar. (B) incorporated former par. (4), striking out reference to children under eighteen years, and providing for payment in equal shares; Subpar. (C) incorporated former par. (2) for pay- ment in equal shares rather than one half to sur- viving wife or dependent husband and one half to sur- viving child or children, substituting reference to ‘‘widow or widower’’ for ‘‘surviving wife or dependent husband’’, and striking out reference to ‘‘surviving’’ before ‘‘child or children’’; Subpar. (D) added; Pars. (2) and (3) added and former par. (3) struck out, such par. making it discretionary with the dep- uty commissioner to appoint a guardian for receipt of minor child’s compensation; and Par. (4) incorporated former par. (5), inserting pro- vision for payment of compensation to the special fund except where payable under subsec. (c)(21) of this section. Subsec. (f)(1). Pub. L. 92–576, § 9(a) added par. (1) and struck out former par. (1) which provided that if an em- ployee received an injury which of itself would only cause permanent partial disability but which, com- bined with a previous disability did in fact cause per- manent total disability, the employer should provide compensation only for the disability caused by the sub- sequent injury, and proviso of such former par. (1) pro- viding that in addition to compensation for the perma- nent partial disability, and after the cessation of the payments for the prescribed period of weeks, the em- ployee should be paid the remainder of the compensa- tion that would be due for permanent total disability and provision that additional compensation should be paid out of the special fund established in section 944 of this title. See par. (2) of this subsection. Subsec. (f)(2). Pub. L. 92–576, § 9, incorporated proviso of first sentence and second sentence of former par. (1) in provisions designated as par. (2) and struck out former par. (2) which stated that in all other cases in which, following a previous disability, an employee re- ceived an injury which was not covered by former par. (1), the employer should provide compensation only for the disability caused by the subsequent injury, and in determining compensation for the subsequent injury or for death resulting therefrom, the average weekly wages should be such sum as would reasonably rep- resent the earning capacity of the employee at the time of the subsequent injury. See par. (1) of this subsection. Subsec. (i). Pub. L. 92–576, § 20(a), designated existing provisions as subpar. (A), substituted ‘‘Whenever’’ for ‘‘In cases under subsection (c)(21) and subsection (e) of this section, whenever’’, ‘‘he may approve’’ for ‘‘he may, with the approval of the Secretary, approve’’, and ‘‘deputy commissioner’’ for ‘‘Secretary’’, and struck out after ‘‘Provided,’’ where first appearing ‘‘That the sum so agreed upon shall be payable in installments as provided in section 914(b) of this title, which install- ments shall be subject to commutation under section 914(j) of this title; And provided further,’’ and added sub- par. (B). 1956—Subsec. (c). Act July 26, 1956, § 2, increased peri- ods in schedule of compensation as follows: Par. (1) Arm lost, increased from two hundred and eighty to three hundred and twelve weeks’ compensa- tion. Par. (2) Leg lost, increased from two hundred and forty-eight to two hundred and eighty-eight weeks’ compensation. Par. (3) Hand lost, increased from two hundred and twelve to two hundred and forty-four weeks’ com- pensation. Par. (4) Foot lost, increased from one hundred and seventy-three weeks to two hundred and five weeks’ compensation. Par. (5) Eye lost, increased from one hundred and forty to one hundred and sixty weeks’ compensation. Par. (6) Thumb lost, increased from fifty-one to sev- enty-five weeks’ compensation. Par. (7) First finger lost, increased from twenty- eight to forty-six weeks’ compensation. Page 291 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 909 Par. (8) Great toe lost, increased from twenty-six to thirty-eight weeks’ compensation. Par. (9) Second finger lost, increased from eighteen to thirty weeks’ compensation. Par. (10) Third finger lost, increased from seventeen to twenty-five weeks’ compensation. Par. (11) Toe other than great toe lost, increased from eight to sixteen weeks’ compensation. Par. (12) Fourth finger lost, increased from seven to fifteen weeks’ compensation. Subsec. (g). Act July 26, 1956, § 3, substituted ‘‘$25’’ for ‘‘$10’’. 1948—Subsec. (c). Act June 24, 1948, inserted in open- ing par. ‘‘or temporary partial disability’’, ‘‘or sub- section (e)’’, and ‘‘respectively’’. 1938—Subsec. (c). Act June 25, 1938, § 4, in par. (22), in- serted exception clause. Subsecs. (h), (i). Act June 25, 1938, § 5 added subsecs. (h) and (i). 1934—Subsec. (c). Act May 26, 1934, § 2, inserted in opening par. ‘‘which shall be in addition to compensa- tion for temporary total disability paid in accordance with subsection (b) of this section’’ and decreased peri- ods in schedule of compensation of pars. (1) to (12). Subsec. (c). Act May 26, 1934, § 3, substituted new par. (22), providing that ‘‘In any case in which there shall be a loss of, or loss of use of, more than one member or parts of more than one member set forth in paragraphs (1) to (19) of this subdivision, not amounting to perma- nent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecu- tively.’’, for former provisions, providing that ‘‘In case of temporary total disability and permanent partial disability, both resulting from the same injury, if the temporary total disability continues for a longer period than the number of weeks set forth in the following schedule, the period of temporary total disability in ex- cess of such number of weeks shall be added to the com- pensation period provided in this subdivision: Arm, thirty-two weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; eye, twenty weeks; thumb, twenty-four weeks; first finger, eighteen weeks; great toe, twelve weeks; second finger, twelve weeks; third finger, eight weeks; fourth finger, eight weeks; toe other than great toe, eight weeks. ‘‘In any case resulting in loss or partial loss of arm, leg, hand, foot, eye, thumb, finger, or toe, where the temporary total disability does not extend beyond the periods above mentioned for such injury, compensation shall be limited to the schedule contained in this sub- division.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 8(a), (c)(2), (e)(1), (2) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, amendment by section 8(b) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by sections 8(c)(1), (e)(4), (5), (g), and 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, amendment by section 8(d) of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, amendment by section 8(f) of Pub. L. 98–426 ef- fective 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 8(h) of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, see section 28(a)–(e) of Pub. L. 98–426, set out as a note under section 901 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 26, 1956, applicable only with respect to injuries and death occurring on or after July 26, 1956, see section 9 of act July 26, 1956, set out as a note under section 906 of this title. EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act June 24, 1948, applicable to death or injuries occurring after June 24, 1948, see section 6 of act June 24, 1948, set out as a note under section 906 of this title. § 909. Compensation for death If the injury causes death, the compensation therefore shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following: (a) Reasonable funeral expenses not exceeding $3,000. (b) If there be a widow or widower and no child of the deceased, to such widow or widower 50 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood, with two years’ compensation in one sum upon remarriage; and if there be a surviving child or children of the deceased, the additional amount of 162⁄3 per centum of such wages for each such child; in case of the death or remarriage of such widow or widower, if there be one surviving child of the deceased employee, such child shall have his compensation increased to 50 per cen- tum of such wages, and if there be more than one surviving child of the deceased employee, to such children, in equal parts, 50 per centum of such wages increased by 162⁄3 per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 662⁄3 per centum of such wages. The dep- uty commissioner having jurisdiction over the claim may, in his discretion, require the ap- pointment of a guardian for the purpose of re- ceiving the compensation of a minor child. In the absence of such a requirement the appoint- ment of a guardian for such purposes shall not be necessary. (c) If there be one surviving child of the de- ceased, but no widow or widower, then for the support of such child 50 per centum of the wages of the deceased; and if there be more than one surviving child of the deceased, but no widow or dependent husband, then for the support of such children, in equal parts 50 per centum of such wages increased by 162⁄3 per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 662⁄3 per centum of such wages. (d) If there be no surviving wife or husband or child, or if the amount payable to a surviving wife or husband and to children shall be less in the aggregate than 662⁄3 per centum of the aver- age wages of the deceased; then for the support of grandchildren or brothers and sisters, if de- pendent upon the deceased at the time of the in- jury, and any other persons who satisfy the defi- nition of the term ‘‘dependent’’ in section 152 of title 26, but are not otherwise eligible under this section, 20 per centum of such wages for the sup- port of each such person during such dependency and for the support of each parent, or grand- parent, of the deceased if dependent upon him at the time of the injury, 25 per centum of such wages during such dependency. But in no case shall the aggregate amount payable under this subsection exceed the difference between 662⁄3