42 U.S.C. § 1702 | Application of Longshore and Harbor Workers’ Compensation Act

(a)

1 See References in Text note below.

In the administration of the provisions of subchapter I of chapter 81 of title 5 with respect to cases coming within the purview of , the scale of compensation benefits and the provisions for determining the amount of compensation and the payment thereof 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 subchapter I of chapter 81 of title 5: , That the total compensation payable under this subchapter for injury or death shall in no event exceed the limitations upon compensation as fixed in section 914(m)  of title 33 as such section may from time to time be amended except that the total compensation shall not be less than that provided for in the original enactment of this chapter.

(b)

section 1701 of this titleProvidedsection 906(b) of title 33 section 909(e) of title 33 For the purpose of computing compensation with respect to cases coming within the purview of , the provisions of sections 906 and 910 of title 33 shall be applicable: , That the minimum limit on weekly compensation for disability, established by , and the minimum limit on the average weekly wages on which death benefits are to be computed, established by , shall not apply in computing compensation under this subchapter.

Dec. 2, 1942, ch. 668 56 Stat. 1031 July 3, 1948, ch. 826, § 4(c)62 Stat. 1242 Pub. L. 85–608, title I, § 102Aug. 8, 195872 Stat. 536 Pub. L. 98–426, § 27(d)(2)Sept. 28, 198498 Stat. 1654(, title I, § 102, ; , ; , , ; , , .)

Editorial Notes

References in Text

act Mar. 4, 1927, ch. 509 44 Stat. 1424 section 901 of Title 33The Longshore and Harbor Workers’ Compensation Act, referred to in section catchline, is , , which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see and Tables.

section 914 of title 33 Pub. L. 92–576, § 5(e)Oct. 27, 197286 Stat. 1254Subsection (m) of , referred to in subsec. (a), was repealed by , , .

Codification

September 7, 1916Pub. L. 89–554, § 7(b)Sept. 6, 196680 Stat. 631“Subchapter I of chapter 81 of title 5” substituted for references to Act of , as amended, known as the Federal Employees’ Compensation Act, on authority of , , , the first section of which enacted Title 5, Government Organization and Employees.

Amendments

Pub. L. 98–4261984— substituted “Longshore and Harbor Workers’ Compensation Act” for “Longshoremen’s and Harbor Workers’ Compensation Act” wherever appearing.

Pub. L. 85–6081958—Subsec. (a). struck out proviso that required any amendment to the Longshoremen’s and Harbor Workers’ Compensation Act which increased the amount of benefits payable for injury or death to be applied in the administration of this section as if the amendment had been in effect at the time of the particular injury or death.

July 3, 1948section 914(m) of title 331948—Subsec. (a). Act , inserted all text in proviso beginning “as fixed in ”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–426Sept. 28, 1984section 28(e)(1) of Pub. L. 98–426 section 901 of Title 33Amendment by effective , see , set out as a note under , Navigation and Navigable Waters.

Effective Date of 1958 Amendment

Pub. L. 85–608June 30, 1958section 402 of Pub. L. 85–608 section 1651 of this titleAmendment by effective , see , set out as a note under .

August 8, 1958Benefits Adjudicated Prior to

Pub. L. 85–608, title I, § 102Aug. 8, 195872 Stat. 536Aug. 8, 1958, , , provided that the amendment made by that section shall not affect benefits adjudicated thereunder prior to .