| TITLE 42
> CHAPTER 11 > Sec. 1651. |
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Sec. 1651. - Compensation authorized
Except as herein modified, the provisions of the Longshore
and Harbor Workers' Compensation Act, approved March 4, 1927 (44 Stat. 1424), as
amended (33 U.S.C. 901 et seq.), shall apply in respect to the injury or
death of any employee engaged in any employment -
(1)
at any military, air, or naval base acquired after January
1, 1940, by the United States from any foreign government; or
(2)
upon 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 the United States Naval Operating Base,
Guantanamo Bay, Cuba; and the Canal Zone); or
(3)
upon any public work in any Territory or possession outside
the continental United States (including the United States Naval Operating Base,
Guantanamo Bay, Cuba; and the Canal Zone), if such employee is engaged in
employment at such place under the contract of a contractor (or any
subcontractor or subordinate subcontractor with respect to the contract of such
contractor) with the United States; but nothing in this paragraph shall be
construed to apply to any employee of such a contractor or subcontractor who is
engaged exclusively in furnishing materials or supplies under his contract;
(4)
under a contract entered into with the United States or any
executive department, independent establishment, or agency thereof (including
any corporate instrumentality of the United States), or any subcontract, or
subordinate contract with respect to such contract, where such contract is to be
performed outside the continental United States and at places not within the
areas described in subparagraphs (1)-(3) of this subdivision, for the purpose of
engaging in public work, and every such contract shall contain provisions
requiring that the contractor (and subcontractor or subordinate contractor with
respect to such contract)
(1)
shall, before commencing performance of such contract,
provide for securing to or on behalf of employees engaged in such public work
under such contract the payment of compensation and other benefits under the
provisions of this chapter, and
(2)
shall maintain in full force and effect during the term of
such contract, subcontract, or subordinate contract, or while employees are
engaged in work performed thereunder, the said security for the payment of such
compensation and benefits, but nothing in this paragraph shall be construed to
apply to any employee of such contractor or subcontractor who is engaged
exclusively in furnishing materials or supplies under his contract;
(5)
under a contract approved and financed by the United States
or any executive department, independent establishment, or agency thereof
(including any corporate instrumentality of the United States), or any
subcontract or subordinate contract with respect to such contract, where such
contract is to be performed outside the continental United States, under the
Mutual Security Act of 1954, as amended (other than title II of chapter II
thereof unless the Secretary of Labor, upon the recommendation of the head of
any department or other agency of the United States, determines a contract
financed under a successor provision of any successor Act should be covered by
this section), and not otherwise within the coverage of this section, and every
such contract shall contain provisions requiring that the contractor (and
subcontractor or subordinate contractor with respect to such contract)
(A)
shall, before commencing performance of such contract,
provide for securing to or on behalf of employees engaged in work under such
contract the payment of compensation and other benefits under the provisions of
this chapter, and
(B)
shall maintain in full force and effect during the term of
such contract, subcontract, or subordinate contract, or while employees are
engaged in work performed thereunder, the said security for the payment of such
compensation and benefits, but nothing in this paragraph shall be construed to
apply to any employee of such contractor or subcontractor who is engaged
exclusively in furnishing materials or supplies under his contract;
(6)
outside the continental United States by an American
employer providing welfare or similar services for the benefit of the Armed
Forces pursuant to appropriate authorization by the
irrespective of the place where the injury or death occurs,
and shall include any injury or death occurring to any such employee during
transportation to or from his place of employment, where the employer or the
United States provides the transportation or the cost thereof.
As used in this section -
(1)
the term ''public work'' means any fixed improvement or any
project, whether or not fixed, involving construction, alteration, removal or
repair for the public use of the United States or its allies, including but not
limited to projects or operations under service contracts and projects in
connection with the national defense or with war activities, dredging, harbor
improvements, dams, roadways, and housing, as well as preparatory and ancillary
work in connection therewith at the site or on the project;
(2)
the term ''allies'' means any nation with which the United
States is engaged in a common military effort or with which the United States
has entered into a common defensive military alliance;
(3)
the term ''war activities'' includes activities directly
relating to military operations.
(4)
the term ''continental United States'' means the States and
the District of Columbia.
(c) Liability as exclusive
The liability of an employer, contractor (or any
subcontractor or subordinate subcontractor with respect to the contract of such
contractor) under this chapter shall be exclusive and in place of all other
liability of such employer, contractor, subcontractor, or subordinate contractor
to his employees (and their dependents) coming within the purview of this
chapter, under the workmen's compensation law of any State, Territory, or other
jurisdiction, irrespective of the place where the contract of hire of any such
employee may have been made or entered into.
(d) ''Contractor'' defined
As used in this section, the term ''contractor'' means any
individual, partnership, corporation, or association, and includes any trustee,
receiver, assignee, successor, or personal representative thereof, and the
rights, obligations, liability, and duties of the employer under such Longshore
and Harbor Workers' Compensation Act (33 U.S.C.
901 et seq.) shall be applicable to such
contractor.
(e) Contracts within section; waiver of application of
section
The liability under this chapter of a contractor,
subcontractor, or subordinate contractor engaged in public work under
subparagraphs (3) and (4), subdivision (a) of this section, and the conditions
set forth therein, shall become applicable to contracts and subcontracts
heretofore entered into but not completed at August 16, 1941, and the liability
under this chapter of a contractor, subcontractor, or subordinate contractor
engaged in performance of contracts, subcontracts, or subordinate contracts
specified in subparagraph (5), subdivision (a) of this section, and the
conditions set forth therein, shall hereafter be applicable to the remaining
terms of such contracts, subcontracts, and subordinate contracts entered into
prior to but not completed on the date of enactment of any successor Act to the
Mutual Security Act of 1954, as amended, and contracting officers of the United
States are authorized to make such modifications and amendments of existing
contracts as may be necessary to bring such contracts into conformity with the
provisions of this chapter. No right shall arise in any employee or his
dependent under subparagraphs (3) and (4) of subdivision (a) of this section,
prior to two months after the approval of this chapter. Upon the recommendation
of the head of any department or other agency of the United States, the
Secretary of Labor, in the exercise of his discretion, may waive the application
of this section with respect to any contract, subcontract, contract, or
subordinate contract, work location under such contracts, or classification of
employees. Upon recommendation of any employer referred to in paragraph (6) of
subsection (a) of this section, the Secretary of Labor may waive the application
of this section to any employee or class of employees of such employer, or to
any place of employment of such an employee or class of employees.
(f) Liability to prisoners of war and protected persons
The liability under this chapter of a contractor,
subcontractor, or subordinate contractor engaged in public work under paragraphs
(1), (2), (3), and (4) of subsection (a) of this section or in any work under
paragraph (5) of subsection (a) of this section does not apply with respect to
any person who is a prisoner of war or a protected person under the Geneva
Conventions of 1949 and who is detained or utilized by the United
States |
Sec. 1652. - Computation of benefits; application to aliens
and nonnationals
(a)
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 and death benefits under this chapter.
(b)
Compensation for permanent total or permanent partial
disability under section 908(c)(21) of title
33, or for death under this chapter 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 that the
Secretary of Labor may, at his 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 Secretary
Sec. 1653. - Compensation districts; judicial proceedings
(a)
The Secretary of Labor is authorized to extend compensation
districts established under the Longshore and Harbor Workers' Compensation Act,
approved March 4, 1927 (44 Stat. 1424) (33 U.S.C.
901 et seq.), or to establish new compensation
districts, to include any area to which this chapter applies; and to assign to
each such district one or more deputy commissioners, as the Secretary may deem
necessary.
(b)
Judicial proceedings provided under sections 18 and 21 of
the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
918,
921) in respect to a compensation order made pursuant
to this chapter 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. 1654. - Persons excluded from benefits
This chapter shall not apply in respect to the injury or
death of
(1)
an employee subject to the provisions of subchapter I of
chapter 81 of title 5;
(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
(Source: http://www4.law.cornell.edu/uscode/42/1651.html)
To Learn More about the Longshore & Harbor Workers' Compensation Act,
visit http://www4.law.cornell.edu/uscode/33/ch18.html
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