
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1702]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
CHAPTER 12--COMPENSATION FOR INJURY, DEATH, OR DETENTION OF EMPLOYEES OF 
          CONTRACTORS WITH UNITED STATES OUTSIDE UNITED STATES
 
 SUBCHAPTER I--COMPENSATION, REIMBURSEMENT, ETC., BY SECRETARY OF LABOR
 
Sec. 1702. Application of Longshore and Harbor Workers' 
        Compensation Act
        
    (a) In the administration of the provisions of subchapter I of 
chapter 81 of title 5 with respect to cases coming within the purview of 
section 1701 of this title, the scale of compensation benefits and the 
provisions for determining the amount of compensation and the payment 
thereof as provided in sections 908 and 909 of title 33, so far as the 
provisions of said sections can be applied under the terms and 
conditions set forth therein shall be payable in lieu of the benefits, 
except medical benefits, provided under subchapter I of chapter 81 of 
title 5: Provided, That the total compensation payable under this 
subchapter for injury or death shall in no event exceed the limitations 
upon compensation as fixed in section 914(m) \1\ of title 33 as such 
section may from time to time be amended except that the total 
compensation shall not be less than that provided for in the original 
enactment of this chapter.
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    \1\ See References in Text note below.
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    (b) For the purpose of computing compensation with respect to cases 
coming within the purview of section 1701 of this title, the provisions 
of sections 906 and 910 of title 33 shall be applicable: Provided, That 
the minimum limit on weekly compensation for disability, established by 
section 906(b) of title 33, and the minimum limit on the average weekly 
wages on which death benefits are to be computed, established by section 
909(e) of title 33, shall not apply in computing compensation under this 
subchapter.

(Dec. 2, 1942, ch. 668, title I, Sec. 102, 56 Stat. 1031; July 3, 1948, 
ch. 826, Sec. 4(c), 62 Stat. 1242; Pub. L. 85-608, title I, Sec. 102, 
Aug. 8, 1958, 72 Stat. 536; Pub. L. 98-426, Sec. 27(d)(2), Sept. 28, 
1984, 98 Stat. 1654.)

                       References in Text

    The Longshore and Harbor Workers' Compensation Act, referred to in 
section catchline, is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as 
amended, which is classified generally to chapter 18 (Sec. 901 et seq.) 
of Title 33, Navigation and Navigable Waters. For complete 
classification of this Act to the Code, see section 901 of Title 33 and 
Tables.
    Subsection (m) of section 914 of title 33, referred to in subsec. 
(a), was repealed by Pub. L. 92-576, Sec. 5(e), Oct. 27, 1972, 86 Stat. 
1254.

                          Codification

    ``Subchapter I of chapter 81 of title 5'' substituted for references 
to Act of September 7, 1916, as amended, known as the Federal Employees' 
Compensation Act, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 
1966, 80 Stat. 631, the first section of which enacted Title 5, 
Government Organization and Employees.


                               Amendments

    1984--Pub. L. 98-426 substituted ``Longshore and Harbor Workers' 
Compensation Act'' for ``Longshoremen's and Harbor Workers' Compensation 
Act'' wherever appearing.
    1958--Subsec. (a). Pub. L. 85-608 struck out proviso that required 
any amendment to the Longshoremen's and Harbor Workers' Compensation Act 
which increased the amount of benefits payable for injury or death to be 
applied in the administration of this section as if the amendment had 
been in effect at the time of the particular injury or death.
    1948--Subsec. (a). Act July 3, 1948, inserted all text in proviso 
beginning ``as fixed in section 914(m) of title 33''.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section 
28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of Title 
33, Navigation and Navigable Waters.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-608 effective June 30, 1958, see section 402 
of Pub. L. 85-608, set out as a note under section 1651 of this title.


              Benefits Adjudicated Prior to August 8, 1958

    Section 102 of Pub. L. 85-608 provided that the amendment made by 
that section shall not affect benefits adjudicated thereunder prior to 
Aug. 8, 1958.

                  Section Referred to in Other Sections

    This section is referred to in section 1701 of this title.
