Notes on 33 U.S.C. § 908 : US Code - Notes

Search Notes on 33 U.S.C. § 908 : US Code - Notes

(Mar. 4, 1927, ch. 509, Sec. 8, 44 Stat. 1427; May 26, 1934, ch.
354, Secs. 2, 3, 48 Stat. 806; June 25, 1938, ch. 685, Secs. 4, 5,
52 Stat. 1165; June 24, 1948, ch. 623, Sec. 2, 62 Stat. 602; July
26, 1956, ch. 735, Secs. 2, 3, 70 Stat. 655; Pub. L. 92-576, Secs.
5(c), 7, 9, 20(a), Oct. 27, 1972, 86 Stat. 1253, 1255, 1257, 1264;
Pub. L. 98-426, Secs. 8, 27(a)(2), Sept. 28, 1984, 98 Stat. 1644,
1654.)
AMENDMENTS
1984 - Subsec. (c)(13). Pub. L. 98-426, Sec. 8(a), redesignated
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, Sec. 8(b), substituted "$7,500"
for "$3,500".
Subsec. (c)(21). Pub. L. 98-426, Sec. 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, Sec. 8(c)(2), added par. (23).
Subsec. (d)(3), (4). Pub. L. 98-426, Sec. 8(d), redesignated par.
(4) as par. (3). Former par. (3), which provided that if an
employee who was receiving compensation for permanent 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 percentage 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, Sec. 8(e)(1), inserted at end of
second and fourth sentences ", except that, in the case of an
injury falling within the provisions of section 908(c)(3) of this
title, the employer shall provide compensation for the lesser of
such periods".
Subsec. (f)(2)(A). Pub. L. 98-426, Sec. 8(e)(2), designated
existing provisions of par. (2) as subpar. (A).
Pub. L. 98-426, Sec. 8(e)(3), inserted ", except that the special
fund shall not assume responsibility 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".
Subsec. (f)(2)(B). Pub. L. 98-426, Sec. 8(e)(4), added subpar.
(B).
Subsec. (f)(3). Pub. L. 98-426, Sec. 8(e)(5), added par. (3).
Subsec. (g). Pub. L. 98-426, Sec. 27(a)(2), substituted
"Secretary" for "commission". See Transfer of Functions note set
out under section 902 of this title.
Subsec. (i)(1) to (3). Pub. L. 98-426, Sec. 8(f), substituted
pars. (1) to (3) respecting procedures for approval of a settlement
by the deputy commissioner or administrative law judge for former
pars. (A) and (B) respecting settlements approved by the deputy
commissioner or Secretary.
Subsec. (i)(4). Pub. L. 98-426, Sec. 8(g), added par. (4).
Subsec. (j). Pub. L. 98-426, Sec. 8(h), added subsec. (j).
1972 - Subsec. (c)(20). Pub. L. 92-576, Sec. 7, included
compensation 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, Sec. 5(c), in revising provisions
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. providing for
payments to survivors rather than for payments "for the benefit
of the persons after"; subpar. (A) incorporated former par. (1)
providing for a widower 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 payment in equal
shares rather than one half to surviving wife or dependent
husband and one half to surviving 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 deputy commissioner to
appoint a guardian for receipt of minor child's compensation; and
Par. (4) incorporated former par. (5), inserting provision 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, Sec. 9(a) added par. (1) and
struck out former par. (1) which provided that if an employee
received an injury which of itself would only cause permanent
partial disability but which, combined with a previous disability
did in fact cause permanent total disability, the employer should
provide compensation only for the disability caused by the
subsequent injury, and proviso of such former par. (1) providing
that in addition to compensation for the permanent partial
disability, and after the cessation of the payments for the
prescribed period of weeks, the employee should be paid the
remainder of the compensation 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, Sec. 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 received 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 represent 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, Sec. 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 installments shall be subject to
commutation under section 914(j) of this title; And provided
further," and added subpar. (B).
1956 - Subsec. (c). Act July 26, 1956, Sec. 2, increased periods
in schedule of compensation as follows:
Par. (1) Arm lost, increased from two hundred and eighty to
three hundred and twelve weeks' compensation.
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' compensation.
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 seventy-five
weeks' compensation.
Par. (7) First finger lost, increased from twenty-eight to
forty-six weeks' compensation.
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, Sec. 3, substituted "$25" for
"$10".
1948 - Subsec. (c). Act June 24, 1948, inserted in opening par.
"or temporary partial disability", "or subsection (e)", and
"respectively".
1938 - Subsec. (c). Act June 25, 1938, Sec. 4, in par. (22),
inserted exception clause.
Subsecs. (h), (i). Act June 25, 1938, Sec. 5 added subsecs. (h)
and (i).
1934 - Subsec. (c). Act May 26, 1934, Sec. 2, inserted in opening
par. "which shall be in addition to compensation for temporary
total disability paid in accordance with subsection (b) of this
section" and decreased periods in schedule of compensation of pars.
(1) to (12).
Subsec. (c). Act May 26, 1934, Sec. 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 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.", 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 excess of
such number of weeks shall be added to the compensation 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 subdivision."
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 effective 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.