United States Code (Last Updated: May 24, 2014) |
Title 33. NAVIGATION AND NAVIGABLE WATERS |
Chapter 18. LONGSHORE AND HARBOR WORKERS’ COMPENSATION |
§ 906. Compensation
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(a) Time for commencement No compensation shall be allowed for the first three days of the disability, except the benefits provided for in section 907 of this title: Provided, however, That in case the injury results in disability of more than fourteen days the compensation shall be allowed from the date of the disability.
(b) Maximum rate of compensation (1) Compensation for disability or death (other than compensation for death required by this chapter to be paid in a lump sum) shall not exceed an amount equal to 200 per centum of the applicable national average weekly wage, as determined by the Secretary under paragraph (3). (2) Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee’s average weekly wages as computed under section 910 of this title are less than 50 per centum of such national average weekly wage, he shall receive his average weekly wages as compensation for total disability. (3) As soon as practicable after June 30 of each year, and in any event prior to October 1 of such year, the Secretary shall determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph shall be made as soon as practicable after October 27, 1972 .(c) Applicability of determinations Determinations under subsection (b)(3) of this section with respect to a period shall apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period.
Amendments
1984—Subsec. (b)(1). Pub. L. 98–426, § 6(a), substituted provisions setting a maximum compensation for disability on death of 200 per centum of the applicable national average weekly wage as determined by the Secretary for former provisions which had set out a schedule of progressive percentages of 125 per centum or $167, whichever is greater, during the period ending
Subsecs. (c), (d). Pub. L. 98–426, § 6(b), redesignated subsec. (d) as (c) and substituted “under subsection (b)(3) of this section” for “under this subsection”. Former subsec. (c), which had directed that the maximum rate of compensation for a nonappropriated fund instrumentality employee be equal to 66⅔ per centum of the maximum rate of basic pay established for a Federal employee in grade GS–12 by section 5332 of title 5 and the minimum rate of compensation for such an employee be equal to 66⅔ per centum of the minimum rate of basic pay established for a Federal employee in grade GS–2 by such section, was struck out.
1972—Subsec. (a). Pub. L. 92–576, § 4, substituted “fourteen days” for “twenty-eight days”.
Subsecs. (b) to (d). Pub. L. 92–576, § 5(a) added subsecs. (b) to (d) and struck out former subsec. (b) compensation for disability provisions which prescribed a $70 per week limit, a $18 per week minimum for total disability, and provided that if the employee’s average weekly wages, as computed under section 910 of this title, were less than $18 per week he should receive as compensation for total disability his average weekly wages.
1961—Subsec. (b). Pub. L. 87–87 increased limitation on compensation for disability from “$54” to “$70” per week.
1956—Subsec. (a). Act
Subsec. (b). Act
1948—Subsec. (b). Act
Effective Date Of Amendment
Amendment by section 6(a) of Pub. L. 98–426 applicable with respect to any death after
Amendment by Pub. L. 92–576 effective 30 days after
Pub. L. 87–87, § 4,
Act July 26, 1956, ch. 735, § 9, 70 Stat. 656, provided that:
Act June 24, 1948, ch. 623, § 6, 62 Stat. 604, provided that: