
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8113]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8113. Increase or decrease of basic compensation

    (a) If an individual--
        (1) was a minor or employed in a learner's capacity at the time 
    of injury; and
        (2) was not physically or mentally handicapped before the 
    injury;

the Secretary of Labor, on review under section 8128 of this title after 
the time the wage-earning capacity of the individual would probably have 
increased but for the injury, shall recompute prospectively the monetary 
compensation payable for disability on the basis of an assumed monthly 
pay corresponding to the probable increased wage-earning capacity.
    (b) If an individual without good cause fails to apply for and 
undergo vocational rehabilitation when so directed under section 8104 of 
this title, the Secretary, on review under section 8128 of this title 
and after finding that in the absence of the failure the wage-earning 
capacity of the individual would probably have substantially increased, 
may reduce prospectively the monetary compensation of the individual in 
accordance with what would probably have been his wage-earning capacity 
in the absence of the failure, until the individual in good faith 
complies with the direction of the Secretary.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90-83, 
Sec. 1(100), Sept. 11, 1967, 81 Stat. 220; Pub. L. 93-416, Sec. 8(a), 
Sept. 7, 1974, 88 Stat. 1145.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 756(d).              Oct. 14, 1949, ch.
                                                    691, Sec.  105
                                                    ``Sec. 6(d)'', 63
                                                    Stat. 859.
------------------------------------------------------------------------

    Administration of this subchapter was transferred to the Secretary 
of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see 
section 8145).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                            1967 Act

    This section amends section 8113(b) of title 5, United States Code, 
to conform to the source statute (sec. 6(d)(1) of the Federal Employees' 
Compensation Act, as amended (63 Stat. 859)).


                               Amendments

    1974--Subsecs. (b), (c). Pub. L. 93-416 struck out subsec. (b) which 
authorized the Secretary to prospectively recompute compensation because 
of decreased wage earning power after age 70, aside from injury, and 
redesignated subsec. (c) as (b).


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-416 applicable to case where injury or death 
occurred prior to Sept. 7, 1974, but only to a period beginning on or 
after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set out as a 
note under section 8101 of this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all 
purposes, see section 9(h) of Pub. L. 90-83, set out as a note under 
section 5102 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8101, 8143 of this title; 
title 18 section 1921; title 42 section 5055.
