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Title 33 — Navigation and Navigable Waters

Chapter 18 — Longshore and Harbor Workers’ Compensation

§ 906. Compensation

Statutory text

(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 .

(c)

Applicability of determinations

Determinations under subsection (b)(3) 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.

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.

  1. Pub. L. 69–509 § 6 · 44 Stat. 1424

    Enacted · 33 U.S.C. § 906

    Mar. 4, 1927, ch. 509, § 6, 44 Stat. 1426

    Source evidence

    Code source credit
    Mar. 4, 1927, ch. 509, § 6, 44 Stat. 1426

  2. Public Law not identified

    Changed · 33 U.S.C. § 906(b)

    Subsec. (b). Act June 24, 1948, increased maximum weekly compensation from $25 to $35 and the minimum from $9 to $12 in two places

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act June 24, 1948, increased maximum weekly compensation from $25 to $35 and the minimum from $9 to $12 in two places.

  3. Public Law not identified

    1. Substituted · 33 U.S.C. § 906(a)

      Subsec. (a). Act July 26, 1956, substituted “three days” for “seven days”

    2. Substituted · 33 U.S.C. § 906(a)

      Subsec. (a). Act July 26, 1956, substituted “twenty-eight days” for “forty-nine days”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act July 26, 1956, substituted “three days” for “seven days” and “twenty-eight days” for “forty-nine days”.

  4. Public Law not identified

    1. Substituted · 33 U.S.C. § 906(b)

      Subsec. (b). Act July 26, 1956, substituted “$54” for “$35” in two places

    2. Substituted · 33 U.S.C. § 906(b)

      Subsec. (b). Act July 26, 1956, substituted “$18” for “$12” in two places

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act July 26, 1956, substituted “$54” for “$35”, and “$18” for “$12” in two places.

  5. Pub. L. 87–87 § 1 · 75 Stat. 203

    Changed · 33 U.S.C. § 906(b)

    Pub. L. 87–87 increased limitation on compensation for disability from “$54” to “$70” per week

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 87–87 increased limitation on compensation for disability from “$54” to “$70” per week.

  6. Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972

    Pub. L. 92–576 § 4 · 86 Stat. 1251

    Substituted · 33 U.S.C. § 906(a)

    Pub. L. 92–576, § 4, substituted “fourteen days” for “twenty-eight days”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–576, § 4, substituted “fourteen days” for “twenty-eight days”.

    Enacted provision · exact public law section
    Sec. 4. time for commencement of compensation Section 6(a) of the Longshoremen’s and Harbor Workers’ 70 Stat. 654. 33 USC 906. Compensation Act is amended by striking out “more than twenty-eight days” and inserting in lieu thereof “more than fourteen days”.

  7. Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972

    Pub. L. 92–576 § 5(a) · 86 Stat. 1251

    1. Added · 33 U.S.C. § 906(b)(d)

      Pub. L. 92–576, § 5(a) added subsecs. (b) to (d)

    2. Struck · 33 U.S.C. § 906(b)(d)

      Pub. L. 92–576, § 5(a) 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 6 of the Longshoremen’s and Harbor Workers’ 75 Stat. 203. Compensation Art is amended by striking out subsection (b) and inserting in lieu thereof the following new subsections: “(b) (1) Except as provided in subsection (c), compensation for disability shall not exceed the following percentages of the applicable national average weekly wage as determined by the Secretary under paragraph (3): “(A) 125 per centum or $167, whichever is greater, during the period ending September 30, 1973. “(B) 150 per centum during the period beginning October 1, 1973, and ending September 30, 1974. “(C) 175 per centum during the period beginning October 1, 1974, and ending September 30, 1975. “(D) 200 per centum beginning October 1, 1975. “(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 Post, p, 1258. average weekly wages as computed under section 10 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 the enactment of this subsection. “(c) The maximum rate of compensation for a nonappropriated fund instrumentality employee shall be equal to 66% per centum of the maximum rate of basic pay established for a Federal employee 5 USC 5332 note. in grade GS–12 by section 5332 of title 5, United States Code, and the minimum rate of compensation for such an employee shall be equal to 66% per centum of the minimum rate of basic pay established for a Federal employee in grade GS–2 by such section. 5 USC 5332 note. “(d) Determinations under this subsection 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.”

  8. Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 6(a) · 98 Stat. 1639

    Substituted · 33 U.S.C. § 906(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 September 30, 1973, 150 per centum during the period beginning October 1, 1973, and ending September 30, 1974, 175 per centum during the period beginning October 1, 1974, and ending September 30, 1975, and 200 per centum beginning October 1, 1975

    Source evidence

    Code amendment note
    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 September 30, 1973, 150 per centum during the period beginning October 1, 1973, and ending September 30, 1974, 175 per centum during the period beginning October 1, 1974, and ending September 30, 1975, and 200 per centum beginning October 1, 1975.

    Enacted provision · exact public law section
    (a) Section 6(b)(1) is amended to read as follows: 33 USC 906. “(b) (1) Compensation for disability or death (other than compensation for death required by this Act 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).”,

    Effective date note
    Amendment by section 6(a) of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, and amendment by section 6(b) of Pub. L. 98–426 applicable with respect to any injury, disability, or death after Sept. 28, 1984, see section 28(d), (f) of Pub. L. 98–426, set out as a note under section 901 of this title.

  9. Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 6(b) · 98 Stat. 1639

    1. Redesignated · 33 U.S.C. § 906(c); 33 U.S.C. § 906(d)

      Pub. L. 98–426, § 6(b), redesignated subsec. (d) as (c)

    2. Substituted · 33 U.S.C. § 906(c); 33 U.S.C. § 906(d)

      Pub. L. 98–426, § 6(b), substituted “under subsection (b)(3)” 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

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 98–426, § 6(b), redesignated subsec. (d) as (c) and substituted “under subsection (b)(3)” 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.

    Enacted provision · exact public law section
    (b) Section 6 is amended— (1) by striking out subsection (c) and redesignating subsection (d) as subsection (c); and (2) by striking out “under this subsection” in subsection (c) (as redesignated) and inserting in lieu thereof “under subsection (b)(3)”.

    Effective date note
    Amendment by section 6(a) of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, and amendment by section 6(b) of Pub. L. 98–426 applicable with respect to any injury, disability, or death after Sept. 28, 1984, see section 28(d), (f) of Pub. L. 98–426, set out as a note under section 901 of this title.

6 of 13 references resolved to an enrolled provision · 2 partial · 5 unresolved

Editorial Notes

Amendments1948–1984 · 5 rounds

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 , 150 per centum during the period beginning , and ending , 175 per centum during the period beginning , and ending , and 200 per centum beginning .

Subsecs. (c), (d). Pub. L. 98–426, § 6(b), redesignated subsec. (d) as (c) and substituted “under subsection (b)(3)” 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 , substituted “three days” for “seven days” and “twenty-eight days” for “forty-nine days”.

Subsec. (b). Act , substituted “$54” for “$35”, and “$18” for “$12” in two places.

1948

Subsec. (b). Act , increased maximum weekly compensation from $25 to $35 and the minimum from $9 to $12 in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by section 6(a) of Pub. L. 98–426 applicable with respect to any death after , and amendment by section 6(b) of Pub. L. 98–426 applicable with respect to any injury, disability, or death after , see section 28(d), (f) 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 , see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

Effective Date of 1961 Amendment

Pub. L. 87–87, § 4, , 75 Stat. 204, provided that: “The amendments made by the foregoing provisions of this Act [amending this section and sections 909 and 914 of this title] shall become effective as to injuries or death sustained on or after the date of enactment [].”

Effective Date of 1956 Amendment

Act July 26, 1956, ch. 735, § 9, 70 Stat. 656, provided that: “The amendments made by the first section and sections 2, 4, and 5 of this Act [amending this section and sections 908, 909, and 914 of this title] shall be applicable only with respect to injuries and death occurring on or after the date of enactment of this Act [] notwithstanding the provisions of the Act of , as amended (42 U.S.C. sec. 1701 et seq.).”

Effective Date of 1948 Amendment

Act June 24, 1948, ch. 623, § 6, 62 Stat. 604, provided that: “The provisions of this Act [amending this section and sections 908, 909, 910, and 914 of this title] shall be applicable only to injuries or deaths occurring on or after the effective date hereof [].”

Credits

1927–1984 · 6 acts
  1. 1927Mar. 4, 1927, ch. 509, § 6, 44 Stat. 1426
  2. 1948June 24, 1948, ch. 623, § 1, 62 Stat. 602
  3. 1956July 26, 1956, ch. 735, § 1, 70 Stat. 654
  4. 1961Pub. L. 87–87, § 1, , 75 Stat. 203
  5. 1972Pub. L. 92–576, §§ 4, 5(a), , 86 Stat. 1252
  6. 1984Pub. L. 98–426, § 6, , 98 Stat. 1641.
Show as published

(Mar. 4, 1927, ch. 509, § 6, 44 Stat. 1426; June 24, 1948, ch. 623, § 1, 62 Stat. 602; July 26, 1956, ch. 735, § 1, 70 Stat. 654; Pub. L. 87–87, § 1, , 75 Stat. 203; Pub. L. 92–576, §§ 4, 5(a), , 86 Stat. 1252; Pub. L. 98–426, § 6, , 98 Stat. 1641.)

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