Title 33 — Navigation and Navigable Waters
Chapter 18 — Longshore and Harbor Workers’ Compensation
§ 902. Definitions
Statutory text
When used in this chapter—
The term “person” means individual, partnership, corporation, or association.
The term “injury” means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment.
The term “employee” means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include—
individuals employed exclusively to perform office clerical, secretarial, security, or data processing work;
individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;
individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance);
individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this chapter;
aquaculture workers;
individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;
a master or member of a crew of any vessel; or
any person engaged by a master to load or unload or repair any small vessel under eighteen tons net;
if individuals described in clauses (A) through (F) are subject to coverage under a State workers’ compensation law.
The term “employer” means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel).
The term “carrier” means any person or fund authorized under section 932 of this title to insure under this chapter and includes self-insurers.
The term “Secretary” means the Secretary of Labor.
The term “deputy commissioner” means the deputy commissioner having jurisdiction in respect of an injury or death.
The term “State” includes a Territory and the District of Columbia.
The term “United States” when used in a geographical sense means the several States and Territories and the District of Columbia, including the territorial waters thereof.
“Disability” means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title.
“Death” as a basis for a right to compensation means only death resulting from an injury.
“Compensation” means the money allowance payable to an employee or to his dependents as provided for in this chapter, and includes funeral benefits provided therein.
The term “wages” means the money rate at which the service rendered by an employee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the employer and included for purposes of any withholding of tax under subtitle C of title 26 (relating to employment taxes). The term wages does not include fringe benefits, including (but not limited to) employer payments for or contributions to a retirement, pension, health and welfare, life insurance, training, social security or other employee or dependent benefit plan for the employee’s or dependent’s benefit, or any other employee’s dependent entitlement.
“Child” shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in loco parentis for at least one year prior to the time of injury, and a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. “Grandchild” means a child as above defined of a child as above defined. “Brother” and “sister” includes stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. “Child”, “grandchild”, “brother”, and “sister” include only a person who is under eighteen years of age, or who, though eighteen years of age or over, is (1) wholly dependent upon the employee and incapable of self-support by reason of mental or physical disability, or (2) a student as defined in paragraph (19) of this section.
The term “parent” includes step-parents and parents by adoption, parents-in-law, and any person who for more than three years prior to the death of the deceased employee stood in the place of a parent to him, if dependent on the injured employee.
The terms “widow or widower” includes only the decedent’s wife or husband living with or dependent for support upon him or her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time.
The terms “adoption” or “adopted” mean legal adoption prior to the time of the injury.
The term “student” means a person regularly pursuing a full-time course of study or training at an institution which is—
a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof,
a school or college or university which has been accredited by a State or by a State recognized or nationally recognized accrediting agency or body.
a school or college or university not so accredited but whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited, or
an additional type of educational or training institution as defined by the Secretary,
but not after he reaches the age of twenty-three or has completed four years of education beyond the high school level, except that, where his twenty-third birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child shall not be deemed to have ceased to be a student during any interim between school years if the interim does not exceed five months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of education or training during the semester or other enrollment period immediately following the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A child shall not be deemed to be a student under this chapter during a period of service in the Armed Forces of the United States.
The term “national average weekly wage” means the national average weekly earnings of production or nonsupervisory workers on private nonagricultural payrolls.
The term “Board” shall mean the Benefits Review Board.
Unless the context requires otherwise, the term “vessel” means any vessel upon which or in connection with which any person entitled to benefits under this chapter suffers injury or death arising out of or in the course of his employment, and said vessel’s owner, owner pro hac vice, agent, operator, charter or bare boat charterer, master, officer, or crew member.
The singular includes the plural and the masculine includes the feminine and neuter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 69–509 § 2 · 44 Stat. 1424
Enacted · 33 U.S.C. § 902
Mar. 4, 1927, ch. 509, § 2, 44 Stat. 1424
Source evidence
Code source credit
Mar. 4, 1927, ch. 509, § 2, 44 Stat. 1424Public Law not identified
Changed · 33 U.S.C. § 902(14)
Par. (14). Act June 25, 1938, included within definition of child, “a child in relation to whom the deceased employee stood in loco parentis for at least one year prior to the time of injury” and within definition of child, grandchild, brother, and sister “persons who though eighteen years of age or over, are wholly dependent upon the deceased employee and incapable of self-support by reason of mental or physical disability”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Par. (14). Act June 25, 1938, included within definition of child, “a child in relation to whom the deceased employee stood in loco parentis for at least one year prior to the time of injury” and within definition of child, grandchild, brother, and sister “persons who though eighteen years of age or over, are wholly dependent upon the deceased employee and incapable of self-support by reason of mental or physical disability”.Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 2(a) · 86 Stat. 1251
Substituted · 33 U.S.C. § 902(3)
Pub. L. 92–576, § 2(a), defined “employee” to mean any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker and substituted “or” for “nor” before “any person engaged by the master”
Source evidence
Code amendment note
Par. (3). Pub. L. 92–576, § 2(a), defined “employee” to mean any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker and substituted “or” for “nor” before “any person engaged by the master”.Enacted provision · exact public law section
(a) Section 2(3) of the Longshoremen’s and Harbor Workers’ Definitions. Compensation Act (44 Stat. 1424, 33 U.S.C. 902) is amended to read as follows: “(3) The term ‘employee’ means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker, but such term does not include a master or member of a crew of any vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons net.”Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 2(b) · 86 Stat. 1251
Changed · 33 U.S.C. § 902(4)
Pub. L. 92–576, § 2(b), defined “employer” to include an employer any of whose employees are employed in maritime employment upon the navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel
Source evidence
Code amendment note
Par. (4). Pub. L. 92–576, § 2(b), defined “employer” to include an employer any of whose employees are employed in maritime employment upon the navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel.Enacted provision · exact public law section
(b) Section 2(4) of such Act is amended by striking out “(including any dry dock)” and inserting in lieu thereof “(including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel) ”.Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 3(b) · 86 Stat. 1251
Changed · 33 U.S.C. § 902(14)
Pub. L. 92–576, § 3(b), defined “child, grandchild, brother, and sister” to include a student as defined in par. (19) of this section
Source evidence
Code amendment note
Par. (14). Pub. L. 92–576, § 3(b), defined “child, grandchild, brother, and sister” to include a student as defined in par. (19) of this section.Enacted provision · exact public law section
(b) The last sentence of section 2(14) of such Act is amended to read as follows: “‘Child’, ‘grandchild’, ‘brother’, and ‘sister’ include only a person who is under eighteen years of age, or who, though eighteen years of age or over, is (1) wholly dependent upon the employee and incapable of self-support by reason of mental or physical disability, or (2) a student as defined in paragraph (19) of this section.”Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 20(c)(1) · 86 Stat. 1251
Substituted · 33 U.S.C. § 902(16)
Pub. L. 92–576, § 20(c)(1), consolidated provisions of former par. (16) definition of “widow” and former par. (17) definition of “widower” in one definition of “widow or widower”; and in redefining “widower”, substituted provision for decedent’s husband living with or dependent upon wife for support at time of her death, for prior provision for decedent’s husband living with and dependent upon wife for support at time of her death, and included decedent’s husband living apart from wife for justifiable cause or by reason of her desertion at time of her death
Source evidence
Code amendment note
Par. (16). Pub. L. 92–576, § 20(c)(1), consolidated provisions of former par. (16) definition of “widow” and former par. (17) definition of “widower” in one definition of “widow or widower”; and in redefining “widower”, substituted provision for decedent’s husband living with or dependent upon wife for support at time of her death, for prior provision for decedent’s husband living with and dependent upon wife for support at time of her death, and included decedent’s husband living apart from wife for justifiable cause or by reason of her desertion at time of her death.Enacted provision · exact public law section
(1) Section 2 of the Longshoremen’s and Harbor Workers’ Compensation Act as amended by this Act is further amended by striking 44 Stat. 1424; Ante, pp. 1251, 1253, 1262, 1263 out subsections (16) and (17) and inserting in lieu thereof the following new subsection (16) and by redesignating subsections 2 (18), (19), (20), (21), (22), and (23) as 2 (17), (18), (19), (20), (21), and (22), respectively. “(16) The terms ‘widow or widower’ includes only the decedent “Widow or widower” ’s wife or husband living with or dependent for support upon him or her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time.”Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 § 20(c)(1) · 86 Stat. 1251
Redesignated · 33 U.S.C. § 902(17)
Pub. L. 92–576, § 20(c)(1), redesignated former par. (18) definition of “adoption” or “adopted” as par. (17). Former par. (17) definition of “widower” incorporated in par. (16)
Source evidence
Code amendment note
Par. (17). Pub. L. 92–576, § 20(c)(1), redesignated former par. (18) definition of “adoption” or “adopted” as par. (17). Former par. (17) definition of “widower” incorporated in par. (16).Enacted provision · exact public law section
(1) Section 2 of the Longshoremen’s and Harbor Workers’ Compensation Act as amended by this Act is further amended by striking 44 Stat. 1424; Ante, pp. 1251, 1253, 1262, 1263 out subsections (16) and (17) and inserting in lieu thereof the following new subsection (16) and by redesignating subsections 2 (18), (19), (20), (21), (22), and (23) as 2 (17), (18), (19), (20), (21), and (22), respectively. “(16) The terms ‘widow or widower’ includes only the decedent “Widow or widower” ’s wife or husband living with or dependent for support upon him or her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time.”Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 · 86 Stat. 1251
Added · 33 U.S.C. § 902(18)
Pub. L. 92–576, §§ 3(a), 20(c)(1), added par. (19) definition of “student”
Redesignated · 33 U.S.C. § 902(18)
Pub. L. 92–576, §§ 3(a), 20(c)(1), redesignated such par. (19) as par. (18). Former par. (18) definition of “adoption” or “adopted” redesignated par. (17)
Source evidence
Code amendment note
Par. (18). Pub. L. 92–576, §§ 3(a), 20(c)(1), added par. (19) definition of “student” and redesignated such par. (19) as par. (18). Former par. (18) definition of “adoption” or “adopted” redesignated par. (17).Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 · 86 Stat. 1251
Added · 33 U.S.C. § 902(19)
Pub. L. 92–576, §§ 5(b), 20(c)(1), added par. (20) definition of “national average weekly wage”
Redesignated · 33 U.S.C. § 902(19)
Pub. L. 92–576, §§ 5(b), 20(c)(1), redesignated such par. (20) as par. (19). Former par. (19) definition of “student” redesignated par. (18)
Source evidence
Code amendment note
Par. (19). Pub. L. 92–576, §§ 5(b), 20(c)(1), added par. (20) definition of “national average weekly wage” and redesignated such par. (20) as par. (19). Former par. (19) definition of “student” redesignated par. (18).Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 · 86 Stat. 1251
Added · 33 U.S.C. § 902(20)
Pub. L. 92–576, §§ 15(c), 20(c)(1), added par. (21) definition of “Board”
Redesignated · 33 U.S.C. § 902(20)
Pub. L. 92–576, §§ 15(c), 20(c)(1), redesignated such par. (21) as par. (20). Former par. (20) definition of “national average weekly wage” redesignated par. (19)
Source evidence
Code amendment note
Par. (20). Pub. L. 92–576, §§ 15(c), 20(c)(1), added par. (21) definition of “Board” and redesignated such par. (21) as par. (20). Former par. (20) definition of “national average weekly wage” redesignated par. (19).Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 · 86 Stat. 1251
Added · 33 U.S.C. § 902(21)
Pub. L. 92–576, §§ 18(b), 20(c)(1), added par. (22) definition of “vessel”
Redesignated · 33 U.S.C. § 902(21)
Pub. L. 92–576, §§ 18(b), 20(c)(1), redesignated such par. (22) as par. (21). Former par. (21) definition of “Board” redesignated par. (20)
Source evidence
Code amendment note
Par. (21). Pub. L. 92–576, §§ 18(b), 20(c)(1), added par. (22) definition of “vessel” and redesignated such par. (22) as par. (21). Former par. (21) definition of “Board” redesignated par. (20).Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972
Pub. L. 92–576 · 86 Stat. 1251
Redesignated · 33 U.S.C. § 902(22)
Pub. L. 92–576, §§ 3(a), 5(b), 15(c), 18(b), 20(c)(1), redesignated former par. (19) definition of “singular” as pars. (20), (21), (22), (23), and (22) again. Former par. (22) definition of “vessel” redesignated par. (21)
Source evidence
Code amendment note
Par. (22). Pub. L. 92–576, §§ 3(a), 5(b), 15(c), 18(b), 20(c)(1), redesignated former par. (19) definition of “singular” as pars. (20), (21), (22), (23), and (22) again. Former par. (22) definition of “vessel” redesignated par. (21).Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 2(a) · 98 Stat. 1639
Amended · 33 U.S.C. § 902(3)
Pub. L. 98–426, § 2(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘employee’ means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker, but such term does not include a master or member of a crew of any vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons net.”
Source evidence
Code amendment note
Par. (3). Pub. L. 98–426, § 2(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘employee’ means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker, but such term does not include a master or member of a crew of any vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons net.”Enacted provision · exact public law section
(a) Section 2(3) is amended to read as follows: 33 USC 902. “(3) The term ‘employee’ means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include— “(A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work; “(B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet; “(C) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance); “(D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this Act; “(E) aquaculture workers; “(F) individuals employed to build, repair, or dismantle any recreational vessel under sixty-five feet in length; “(G) a master or member of a crew of any vessel; or “(H) any person engaged by a master to load or unload or repair any small vessel under eighteen tons net; if individuals described in clauses (A) through (F) are subject to coverage under a State workers’ compensation law.”.Effective date note
Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by section 2(b) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 27(a)(1) · 98 Stat. 1639
Substituted · 33 U.S.C. § 902(6)
Pub. L. 98–426, § 27(a)(1), substituted “The term ‘Secretary’ means the Secretary of Labor” for “The term ‘commission’ means the United States Employees’ Compensation Commission”
Source evidence
Code amendment note
Par. (6). Pub. L. 98–426, § 27(a)(1), substituted “The term ‘Secretary’ means the Secretary of Labor” for “The term ‘commission’ means the United States Employees’ Compensation Commission”.Enacted provision · exact public law section
(1) striking out paragraph (6) of section 2 and inserting in lieu thereof the following: “(6) The term ‘Secretary’ means the Secretary of Labor.”;Effective date note
Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by section 2(b) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 2(b) · 98 Stat. 1639
Inserted · 33 U.S.C. § 902(10)
Pub. L. 98–426, § 2(b), inserted “; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title”
Source evidence
Code amendment note
Par. (10). Pub. L. 98–426, § 2(b), inserted “; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title”.Enacted provision · exact public law section
(b) Section 2(10) is amended by inserting before the period at the end thereof the following: “; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 10(d)(2)”. Post, p. 1647.Effective date note
Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by section 2(b) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 2(c) · 98 Stat. 1639
Amended · 33 U.S.C. § 902(13)
Pub. L. 98–426, § 2(c), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “ ‘Wages’ means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer”
Source evidence
Code amendment note
Par. (13). Pub. L. 98–426, § 2(c), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “ ‘Wages’ means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer”.Enacted provision · exact public law section
(c) Section 2(13) is amended to read as follows: “(13) The term ‘wages’ means the money rate at which the service rendered by an employee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the employer and included for purposes of any withholding of tax under 26 USC 3101. subtitle C of the Internal Revenue Code of 1954 (relating to employment taxes). The term wages does not include fringe benefits, including (but not limited to) employer payments for or contributions to a retirement, pension, health and welfare, life insurance, training, social security or other employee or dependent benefit plan for the employee’s or dependent’s benefit, or any other employee’s dependent entitlement.”.Effective date note
Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by section 2(b) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 5(a)(2) · 98 Stat. 1639
Substituted · 33 U.S.C. § 902(21)
Pub. L. 98–426, § 5(a)(2), substituted “Unless the context requires otherwise, the” for “The”
Source evidence
Code amendment note
Par. (21). Pub. L. 98–426, § 5(a)(2), substituted “Unless the context requires otherwise, the” for “The”.Enacted provision · exact public law section
(2) Section 2(21) is amended by striking out “The” and inserting in 33 USC 902. lieu thereof “Unless the context requires otherwise, the”.Effective date note
Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by section 2(b) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.American Recovery and Reinvestment Act of 2009
Pub. L. 111–5 § 803(2) · 123 Stat. 115
Substituted · 33 U.S.C. § 902(3)(F)
Pub. L. 111–5, § 803(2), substituted “, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;” for semicolon at end
Source evidence
Code amendment note
Par. (3)(F). Pub. L. 111–5, § 803(2), substituted “, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;” for semicolon at end.Enacted provision · exact public law section
(2) by striking the semicolon and inserting “, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;”.American Recovery and Reinvestment Act of 2009
Pub. L. 111–5 § 803(1) · 123 Stat. 115
Struck · 33 U.S.C. § 902(3)(F)
Pub. L. 111–5, § 803(1), which directed the striking out of “, repair or dismantle”, was executed by striking out “, repair, or dismantle” after “build” to reflect the probable intent of Congress
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–5, § 803(1), which directed the striking out of “, repair or dismantle”, was executed by striking out “, repair, or dismantle” after “build” to reflect the probable intent of Congress.Enacted provision · exact public law section
(1) by striking “, repair or dismantle”; and
12 of 23 references resolved to an enrolled provision · 10 partial · 1 unresolved
Editorial Notes
References in Text
The phrase “a student as defined in paragraph (19) of this section”, referred to in par. (14), probably means a student as defined in paragraph (18) of this section.
Amendments1938–2009 · 4 rounds
2009
Par. (3)(F). Pub. L. 111–5, § 803(2), substituted “, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;” for semicolon at end.
Pub. L. 111–5, § 803(1), which directed the striking out of “, repair or dismantle”, was executed by striking out “, repair, or dismantle” after “build” to reflect the probable intent of Congress.
1984
Par. (3). Pub. L. 98–426, § 2(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘employee’ means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker, but such term does not include a master or member of a crew of any vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons net.”
Par. (6). Pub. L. 98–426, § 27(a)(1), substituted “The term ‘Secretary’ means the Secretary of Labor” for “The term ‘commission’ means the United States Employees’ Compensation Commission”.
Par. (10). Pub. L. 98–426, § 2(b), inserted “; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title”.
Par. (13). Pub. L. 98–426, § 2(c), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “ ‘Wages’ means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer”.
Par. (21). Pub. L. 98–426, § 5(a)(2), substituted “Unless the context requires otherwise, the” for “The”.
1972
Par. (3). Pub. L. 92–576, § 2(a), defined “employee” to mean any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harborworker including a ship repairman, shipbuilder, and shipbreaker and substituted “or” for “nor” before “any person engaged by the master”.
Par. (4). Pub. L. 92–576, § 2(b), defined “employer” to include an employer any of whose employees are employed in maritime employment upon the navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel.
Par. (14). Pub. L. 92–576, § 3(b), defined “child, grandchild, brother, and sister” to include a student as defined in par. (19) of this section.
Par. (16). Pub. L. 92–576, § 20(c)(1), consolidated provisions of former par. (16) definition of “widow” and former par. (17) definition of “widower” in one definition of “widow or widower”; and in redefining “widower”, substituted provision for decedent’s husband living with or dependent upon wife for support at time of her death, for prior provision for decedent’s husband living with and dependent upon wife for support at time of her death, and included decedent’s husband living apart from wife for justifiable cause or by reason of her desertion at time of her death.
Par. (17). Pub. L. 92–576, § 20(c)(1), redesignated former par. (18) definition of “adoption” or “adopted” as par. (17). Former par. (17) definition of “widower” incorporated in par. (16).
Par. (18). Pub. L. 92–576, §§ 3(a), 20(c)(1), added par. (19) definition of “student” and redesignated such par. (19) as par. (18). Former par. (18) definition of “adoption” or “adopted” redesignated par. (17).
Par. (19). Pub. L. 92–576, §§ 5(b), 20(c)(1), added par. (20) definition of “national average weekly wage” and redesignated such par. (20) as par. (19). Former par. (19) definition of “student” redesignated par. (18).
Par. (20). Pub. L. 92–576, §§ 15(c), 20(c)(1), added par. (21) definition of “Board” and redesignated such par. (21) as par. (20). Former par. (20) definition of “national average weekly wage” redesignated par. (19).
Par. (21). Pub. L. 92–576, §§ 18(b), 20(c)(1), added par. (22) definition of “vessel” and redesignated such par. (22) as par. (21). Former par. (21) definition of “Board” redesignated par. (20).
Par. (22). Pub. L. 92–576, §§ 3(a), 5(b), 15(c), 18(b), 20(c)(1), redesignated former par. (19) definition of “singular” as pars. (20), (21), (22), (23), and (22) again. Former par. (22) definition of “vessel” redesignated par. (21).
1938
Par. (14). Act , included within definition of child, “a child in relation to whom the deceased employee stood in loco parentis for at least one year prior to the time of injury” and within definition of child, grandchild, brother, and sister “persons who though eighteen years of age or over, are wholly dependent upon the deceased employee and incapable of self-support by reason of mental or physical disability”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after , amendment by section 2(b) of Pub. L. 98–426 effective , and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98–426 effective , see section 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
Effective Date of 1972 Amendment
Pub. L. 92–576, § 20(c)(3), , 86 Stat. 1265, provided that: “The amendments made by this subsection [amending this section and section 909 of this title] shall apply only with respect to deaths or injuries occurring after the enactment of this Act, [].”
Pub. L. 92–576, § 22, , 86 Stat. 1265, provided that: “The amendments made by this Act [see Short Title note set out under section 901 of this title] shall become effective thirty days after the date of enactment of this Act [].”
Executive Documents
Transfer of Functions
Prior to the amendment of this chapter by Pub. L. 98–426, the word “Secretary” meaning the Secretary of Labor had been substituted for the word “commission” meaning the United States Employees’ Compensation Commission throughout this chapter even when not expressly so directed by statute in view of the transfer of the functions of the commission first to the Federal Security Administrator by Reorg. Plan No. 2 of 1946, § 3, eff. , 11 F.R. 7873, 60 Stat. 1095, and later to the Secretary of Labor by Reorg. Plan No. 19 of 1950, § 1, eff. , 15 F.R. 3178, 64 Stat. 1271. Where such substitution had thus been made the statutory substitution of terms by Pub. L. 98–426 required no change in text.
Credits
1927–2009 · 5 acts
- 1927Mar. 4, 1927, ch. 509, § 2, 44 Stat. 1424
- 1938June 25, 1938, ch. 685, § 1, 52 Stat. 1164
- 1972Pub. L. 92–576, §§ 2(a), (b), 3, 5(b), 15(c), 18(b), 20(c)(1), , 86 Stat. 1251, 1253, 1262, 1263, 1265
- 1984Pub. L. 98–426, §§ 2, 5(a)(2), 27(a)(1), , 98 Stat. 1639, 1641, 1654
- 2009Pub. L. 111–5, div. A, title VIII, § 803, , 123 Stat. 187.
Show as published
(Mar. 4, 1927, ch. 509, § 2, 44 Stat. 1424; June 25, 1938, ch. 685, § 1, 52 Stat. 1164; Pub. L. 92–576, §§ 2(a), (b), 3, 5(b), 15(c), 18(b), 20(c)(1), , 86 Stat. 1251, 1253, 1262, 1263, 1265; Pub. L. 98–426, §§ 2, 5(a)(2), 27(a)(1), , 98 Stat. 1639, 1641, 1654; Pub. L. 111–5, div. A, title VIII, § 803, , 123 Stat. 187.)