5 U.S.C. § 8113 | Increase or decrease of basic compensation

(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;

section 8128 of this titlethe Secretary of Labor, on review under 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)

section 8104 of this title section 8128 of this title If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under , the Secretary, on review under 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.

Pub. L. 89–554Sept. 6, 196680 Stat. 540 Pub. L. 90–83, § 1(100)Sept. 11, 196781 Stat. 220 Pub. L. 93–416, § 8(a)Sept. 7, 197488 Stat. 1145(, , ; , , ; , , .)

Historical and Revision Notes
	5 U.S.C. 756(d).	Oct. 14, 1949, ch. 691, § 105 “Sec. 6(d)”, 63 Stat. 859.

Historical and Revision Notes

1966 Act

5 U.S.C. 756(d).

Oct. 14, 1949, ch. 691, § 105 “Sec. 6(d)”, 63 Stat. 859.

64 Stat. 1271Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, (see section 8145).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Act1967

section 8113(b) of title 5 63 Stat. 859This section amends , United States Code, to conform to the source statute (sec. 6(d)(1) of the Federal Employees’ Compensation Act, as amended ()).

Editorial Notes

Amendments

Pub. L. 93–4161974—Subsecs. (b), (c). struck out subsec. (b) which authorized the Secretary to prospectively recompute compensation because of decreased wage earning power after age 70, aside from injury, and redesignated subsec. (c) as (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Pub. L. 93–416Sept. 7, 1974Sept. 7, 1974section 28(a) of Pub. L. 93–416 section 8101 of this titleAmendment by applicable to case where injury or death occurred prior to , but only to a period beginning on or after , see , set out as a note under .

Effective Date of 1967 Amendment

Pub. L. 90–83Sept. 6, 1966section 9(h) of Pub. L. 90–83 section 5102 of this titleAmendment by effective as of , for all purposes, see , set out as a note under .