United States Code (Last Updated: May 24, 2014) |
Title 5. GOVERNMENT ORGANIZATION AND EMPLOYEES |
Part III. EMPLOYEES |
SubPart G. Insurance and Annuities |
Chapter 81. COMPENSATION FOR WORK INJURIES |
SubChapter I. GENERALLY |
§ 8113. Increase or decrease of basic compensation
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(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; the Secretary of Labor, on review under section 8128 of this title 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) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under section 8104 of this title, the Secretary, on review under section 8128 of this title 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.
Historical And Revision
Historical and Revision Notes | ||
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1966 Act | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| Oct. 14, 1949, ch. 691, § 105 “Sec. 6(d)”, 63 Stat. 859. |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (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.
This section amends section 8113(b) of title 5, United States Code, to conform to the source statute (sec. 6(d)(1) of the Federal Employees’ Compensation Act, as amended (63 Stat. 859)).
Amendments
1974—Subsecs. (b), (c). Pub. L. 93–416 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).
Effective Date Of Amendment
Amendment by Pub. L. 93–416 applicable to case where injury or death occurred prior to
Amendment by Pub. L. 90–83 effective as of