§ 906. — Compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC906]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 906. Compensation
(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 October
27, 1972.
(c) Applicability of determinations
Determinations under subsection (b)(3) of this section 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.
(Mar. 4, 1927, ch. 509, Sec. 6, 44 Stat. 1426; June 24, 1948, ch. 623,
Sec. 1, 62 Stat. 602; July 26, 1956, ch. 735, Sec. 1, 70 Stat. 654; Pub.
L. 87-87, Sec. 1, July 14, 1961, 75 Stat. 203; Pub. L. 92-576, Secs. 4,
5(a), Oct. 27, 1972, 86 Stat. 1252; Pub. L. 98-426, Sec. 6, Sept. 28,
1984, 98 Stat. 1641.)
Amendments
1984--Subsec. (b)(1). Pub. L. 98-426, Sec. 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.
Subsecs. (c), (d). Pub. L. 98-426, Sec. 6(b), redesignated subsec.
(d) as (c) and substituted ``under subsection (b)(3) of this section''
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 66\2/3\ 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 66\2/3\ 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, Sec. 4, substituted ``fourteen
days'' for ``twenty-eight days''.
Subsecs. (b) to (d). Pub. L. 92-576, Sec. 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 July 26, 1956, substituted ``three days'' for
``seven days'' and ``twenty-eight days'' for ``forty-nine days''.
Subsec. (b). Act July 26, 1956, substituted ``$54'' for ``$35'', and
``$18'' for ``$12'' in two places.
1948--Subsec. (b). Act June 24, 1948, increased maximum weekly
compensation from $25 to $35 and the minimum from $9 to $12 in two
places.
Effective Date of 1984 Amendment
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.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972,
see section 22 of Pub. L. 92-576, set out as a note under section 902 of
this title.
Effective Date of 1961 Amendment
Section 4 of Pub. L. 87-87 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 [July 14, 1961].''
Effective Date of 1956 Amendment
Section 9 of act July 26, 1956, 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 [July 26, 1956] notwithstanding the
provisions of the Act of December 2, 1942, as amended (42 U.S.C. sec.
1701 et seq.).''
Effective Date of 1948 Amendment
Section 6 of act June 24, 1948, 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 [June 24, 1948].''
Section Referred to in Other Sections
This section is referred to in sections 909, 910 of this title;
title 42 sections 1652, 1702.
