Volume 55 · 623
Public Law 77–357
To provide compensation for disability or death resulting from injury to persons employed at military, air, and naval bases acquired by the United States from foreign countries, and on lands occupied or used by the United States for military or naval purposes outside the continental limits of the United States, including Alaska, Guantanamo, and the Philippine Islands, but excluding the Canal Zone, and for other purposes.
Approved August 16, 1941
Statutory text
AN ACT
To provide compensation for disability or death resulting from injury to persons employed at military, air, and naval bases acquired by the United States from foreign countries, and on lands occupied or used by the United States for military or naval purposes outside the continental limits of the United States, including Alaska, Guantanamo, and the Philippine Islands, but excluding the Canal Zone, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Persons employed on bases acquired from foreign governments, etc.
Compensation for injury or death.
That except as herein modified, the provisions of the Act entitled “Longshoremen’s and Harbor Workers’ Compensation Act”, approved March 4, 1927 (44 Stat. 1424), as amended, and as the same may be amended hereafter, shall apply in respect to the injury or death of any employee engaged in any employment at any military, air, or naval base acquired after January 1, 1940, by the United States from any foreign government or any lands occupied or used by the United States for military or naval purposes in any Territory or possession outside the continental United States, including Alaska, Guantanamo, and the Philippine Islands, but excluding the Canal Zone, irrespective of the place where the injury or death occurs.
Sec. 2.
That the minimum limit on weekly compensation for
Computation of benefits.
44 Stat. 1426, 1430.
33 U. S. C. §§ 906 (b), 909 (e).
disability, established by section 6 (b), and the minimum limit on the average weekly wages on which death benefits are to be computed, established by section 9 (e), of the Longshoremen’s and Harbor Workers’ Compensation Act, approved March 4, 1927 (44 Stat. 1424), as amended, shall not apply in computing compensation and death benefits under this Act.
Compensation for permanent total or permanent partial disability
Aliens and nonnationals.
under section 8 (c) (21) of the Longshoremen’s and Harbor Workers’ Compensation Act, or for death under this Act to aliens
and nonnationals of the United States not residents of the United States or Canada shall be in the same amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one year immediately prior to the date of the injury, and except
Commutation.
that the United States Employees’ Compensation Commission may, at its option or upon the application of the insurance carrier shall, commute all future installments of compensation to be paid to such aliens or nonnationals of the United States by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the Commission.
Sec. 3.
The United States Employees’ Compensation Commission
Compensation districts, extension, etc.
is authorized to extend compensation districts established under the Longshoremen’s and Harbor Workers’ Compensation Act, approved March 4, 1927 (44 Stat. 1424), or to establish new compensation
districts, to include any area to which this Act applies; and to assign to each such district one or more deputy commissioners, as the Commission may deem necessary.
Judicial proceedings provided under sections 18 and 21 of the
Judicial review of compensation orders.
44 Stat. 1434, 1436.
Longshoremen’s and Harbor Workers’ Compensation Act in respect to a compensation order made pursuant to this Act shall be instituted in the United States district court of the judicial district wherein is located the office of the deputy commissioner whose compensation order is involved if his office is located in a judicial district, and if not so located, such judicial proceedings shall be instituted in the judicial district nearest the base at which the injury or death occurs.
Sec. 4.
This Act shall not apply in respect to the injury or death
Nonapplicability of provisions.
of (1) an employee subject to the provisions of the Act entitled “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes”, approved September 7, 1916 (39 Stat. 742), as amended;
(2) an employee engaged in agriculture, domestic service, or any employment that is casual and not in the usual course of the trade, business, or profession of the employer; and (3) a master or member of a crew of any vessel.
Approved, August 16, 1941.