§ 902. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC902]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 902. Definitions
When used in this chapter--
(1) The term ``person'' means individual, partnership,
corporation, or association.
(2) The term ``injury'' means accidental injury or death arising
out of and in the course of employment, and such occupational
disease or infection as arises naturally out of such employment or
as naturally or unavoidably results from such accidental injury, and
includes an injury caused by the willful act of a third person
directed against an employee because of his employment.
(3) The term ``employee'' means any person engaged in maritime
employment, including any longshoreman or other person engaged in
longshoring operations, and any harbor-worker including a ship
repairman, shipbuilder, and ship-breaker, but such term does not
include--
(A) individuals employed exclusively to perform office
clerical, secretarial, security, or data processing work;
(B) individuals employed by a club, camp, recreational
operation, restaurant, museum, or retail outlet;
(C) individuals employed by a marina and who are not engaged
in construction, replacement, or expansion of such marina
(except for routine maintenance);
(D) individuals who (i) are employed by suppliers,
transporters, or vendors, (ii) are temporarily doing business on
the premises of an employer described in paragraph (4), and
(iii) are not engaged in work normally performed by employees of
that employer under this chapter;
(E) aquaculture workers;
(F) individuals employed to build, repair, or dismantle any
recreational vessel under sixty-five feet in length;
(G) a master or member of a crew of any vessel; or
(H) any person engaged by a master to load or unload or
repair any small vessel under eighteen tons net;
if individuals described in clauses (A) through (F) are subject to
coverage under a State workers' compensation law.
(4) The term ``employer'' means an employer any of whose
employees are employed in maritime employment, in whole or in part,
upon the navigable waters of the United States (including any
adjoining pier, wharf, dry dock, terminal, building way, marine
railway, or other adjoining area customarily used by an employer in
loading, unloading, repairing, or building a vessel).
(5) The term ``carrier'' means any person or fund authorized
under section 932 of this title to insure under this chapter and
includes self-insurers.
(6) The term ``Secretary'' means the Secretary of Labor.
(7) The term ``deputy commissioner'' means the deputy
commissioner having jurisdiction in respect of an injury or death.
(8) The term ``State'' includes a Territory and the District of
Columbia.
(9) The term ``United States'' when used in a geographical sense
means the several States and Territories and the District of
Columbia, including the territorial waters thereof.
(10) ``Disability'' means incapacity because of injury to earn
the wages which the employee was receiving at the time of injury in
the same or any other employment; but such term shall mean permanent
impairment, determined (to the extent covered thereby) under the
guides to the evaluation of permanent impairment promulgated and
modified from time to time by the American Medical Association, in
the case of an individual whose claim is described in section
910(d)(2) of this title.
(11) ``Death'' as a basis for a right to compensation means only
death resulting from an injury.
(12) ``Compensation'' means the money allowance payable to an
employee or to his dependents as provided for in this chapter, and
includes funeral benefits provided therein.
(13) The term ``wages'' means the money rate at which the
service rendered by an employee is compensated by an employer under
the contract of hiring in force at the time of the injury, including
the reasonable value of any advantage which is received from the
employer and included for purposes of any withholding of tax under
subtitle C of title 26 (relating to employment taxes). The term
wages does not include fringe benefits, including (but not limited
to) employer payments for or contributions to a retirement, pension,
health and welfare, life insurance, training, social security or
other employee or dependent benefit plan for the employee's or
dependent's benefit, or any other employee's dependent entitlement.
(14) ``Child'' shall include a posthumous child, a child legally
adopted prior to the injury of the employee, a child in relation to
whom the deceased employee stood in loco parentis for at least one
year prior to the time of injury, and a stepchild or acknowledged
illegitimate child dependent upon the deceased, but does not include
married children unless wholly dependent on him. ``Grandchild''
means a child as above defined of a child as above defined.
``Brother'' and ``sister'' includes stepbrothers and stepsisters,
half brothers and half sisters, and brothers and sisters by
adoption, but does not include married brothers nor married sisters
unless wholly dependent on the employee. ``Child'', ``grandchild'',
``brother'', and ``sister'' include only a person who is under
eighteen years of age, or who, though eighteen years of age or over,
is (1) wholly dependent upon the employee and incapable of self-
support by reason of mental or physical disability, or (2) a student
as defined in paragraph (19) of this section.
(15) The term ``parent'' includes step-parents and parents by
adoption, parents-in-law, and any person who for more than three
years prior to the death of the deceased employee stood in the place
of a parent to him, if dependent on the injured employee.
(16) The terms ``widow or widower'' includes only the decedent's
wife or husband living with or dependent for support upon him or her
at the time of his or her death; or living apart for justifiable
cause or by reason of his or her desertion at such time.
(17) The terms ``adoption'' or ``adopted'' mean legal adoption
prior to the time of the injury.
(18) The term ``student'' means a person regularly pursuing a
full-time course of study or training at an institution which is--
(A) a school or college or university operated or directly
supported by the United States, or by any State or local
government or political subdivision thereof,
(B) a school or college or university which has been
accredited by a State or by a State recognized or nationally
recognized accrediting agency or body.
(C) a school or college or university not so accredited but
whose credits are accepted, on transfer, by not less than three
institutions which are so accredited, for credit on the same
basis as if transferred from an institution so accredited, or
(D) an additional type of educational or training
institution as defined by the Secretary,
but not after he reaches the age of twenty-three or has completed
four years of education beyond the high school level, except that,
where his twenty-third birthday occurs during a semester or other
enrollment period, he shall continue to be considered a student
until the end of such semester or other enrollment period. A child
shall not be deemed to have ceased to be a student during any
interim between school years if the interim does not exceed five
months and if he shows to the satisfaction of the Secretary that he
has a bona fide intention of continuing to pursue a full-time course
of education or training during the semester or other enrollment
period immediately following the interim or during periods of
reasonable duration during which, in the judgment of the Secretary,
he is prevented by factors beyond his control from pursuing his
education. A child shall not be deemed to be a student under this
chapter during a period of service in the Armed Forces of the United
States.
(19) The term ``national average weekly wage'' means the
national average weekly earnings of production or nonsupervisory
workers on private nonagricultural payrolls.
(20) The term ``Board'' shall mean the Benefits Review Board.
(21) Unless the context requires otherwise, the term ``vessel''
means any vessel upon which or in connection with which any person
entitled to benefits under this chapter suffers injury or death
arising out of or in the course of his employment, and said vessel's
owner, owner pro hac vice, agent, operator, charter or bare boat
charterer, master, officer, or crew member.
(22) The singular includes the plural and the masculine includes
the feminine and neuter.
(Mar. 4, 1927, ch. 509, Sec. 2, 44 Stat. 1424; June 25, 1938, ch. 685,
Sec. 1, 52 Stat. 1164; Pub. L. 92-576, Secs. 2(a), (b), 3, 5(b), 15(c),
18(b), 20(c)(1), Oct. 27, 1972, 86 Stat. 1251, 1253, 1262, 1263, 1265;
Pub. L. 98-426, Secs. 2, 5(a)(2), 27(a)(1), Sept. 28, 1984, 98 Stat.
1639, 1641, 1654.)
References in Text
The phrase ``a student as defined in paragraph (19) of this
section'', referred to in par. (14), probably means a student as defined
in paragraph (18) of this section.
Amendments
1984--Par. (3). Pub. L. 98-426, Sec. 2(a), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``The term
`employee' means any person engaged in maritime employment, including
any longshoreman or other person engaged in longshoring operations, and
any harborworker including a ship repairman, shipbuilder, and
shipbreaker, but such term does not include a master or member of a crew
of any vessel, or any person engaged by the master to load or unload or
repair any small vessel under eighteen tons net.''
Par. (6). Pub. L. 98-426, Sec. 27(a)(1), substituted ``The term
`Secretary' means the Secretary of Labor'' for ``The term `commission'
means the United States Employees' Compensation Commission''.
Par. (10). Pub. L. 98-426, Sec. 2(b), inserted ``; but such term
shall mean permanent impairment, determined (to the extent covered
thereby) under the guides to the evaluation of permanent impairment
promulgated and modified from time to time by the American Medical
Association, in the case of an individual whose claim is described in
section 910(d)(2) of this title''.
Par. (13). Pub. L. 98-426, Sec. 2(c), amended par. (13) generally.
Prior to amendment, par. (13) read as follows: `` `Wages' means the
money rate at which the service rendered is recompensed under the
contract of hiring in force at the time of the injury, including the
reasonable value of board, rent, housing, lodging, or similar advantage
received from the employer, and gratuities received in the course of
employment from others than the employer''.
Par. (21). Pub. L. 98-426, Sec. 5(a)(2), substituted ``Unless the
context requires otherwise, the'' for ``The''.
1972--Par. (3). Pub. L. 92-576, Sec. 2(a), defined ``employee'' to
mean any person engaged in maritime employment, including any
longshoreman or other person engaged in longshoring operations, and any
harborworker including a ship repairman, shipbuilder, and shipbreaker
and substituted ``or'' for ``nor'' before ``any person engaged by the
master''.
Par. (4). Pub. L. 92-576, Sec. 2(b), defined ``employer'' to include
an employer any of whose employees are employed in maritime employment
upon the navigable waters of the United States, including any adjoining
pier, wharf, dry dock, terminal, building way, marine railway, or other
adjoining area customarily used by an employer in loading, unloading,
repairing, or building a vessel.
Par. (14). Pub. L. 92-576, Sec. 3(b), defined ``child, grandchild,
brother, and sister'' to include a student as defined in par. (19) of
this section.
Par. (16). Pub. L. 92-576, Sec. 20(c)(1), consolidated provisions of
former par. (16) definition of ``widow'' and former par. (17) definition
of ``widower'' in one definition of ``widow or widower''; and in
redefining ``widower'', substituted provision for decedent's husband
living with or dependent upon wife for support at time of her death, for
prior provision for decedent's husband living with and dependent upon
wife for support at time of her death, and included decedent's husband
living apart from wife for justifiable cause or by reason of her
desertion at time of her death.
Par. (17). Pub. L. 92-576, Sec. 20(c)(1), redesignated former par.
(18) definition of ``adoption'' or ``adopted'' as par. (17). Former par.
(17) definition of ``widower'' incorporated in par. (16).
Par. (18). Pub. L. 92-576, Secs. 3(a), 20(c)(1), added par. (19)
definition of ``student'' and redesignated such par. (19) as par. (18).
Former par. (18) definition of ``adoption'' or ``adopted'' redesignated
par. (17).
Par. (19). Pub. L. 92-576, Secs. 5(b), 20(c)(1), added par. (20)
definition of ``national average weekly wage'' and redesignated such
par. (20) as par. (19). Former par. (19) definition of ``student''
redesignated par. (18).
Par. (20). Pub. L. 92-576, Secs. 15(c), 20(c)(1), added par. (21)
definition of ``Board'' and redesignated such par. (21) as par. (20).
Former par. (20) definition of ``national average weekly wage''
redesignated par. (19).
Par. (21). Pub. L. 92-576, Secs. 18(b), 20(c)(1), added par. (22)
definition of ``vessel'' and redesignated such par. (22) as par. (21).
Former par. (21) definition of ``Board'' redesignated par. (20).
Par. (22). Pub. L. 92-576, Secs. 3(a), 5(b), 15(c), 18(b), 20(c)(1),
redesignated former par. (19) definition of ``singular'' as pars. (20),
(21), (22), (23), and (22) again. Former par. (22) definition of
``vessel'' redesignated par. (21).
1938--Par. (14). Act June 25, 1938, included within definition of
child, ``a child in relation to whom the deceased employee stood in loco
parentis for at least one year prior to the time of injury'' and within
definition of child, grandchild, brother, and sister ``persons who
though eighteen years of age or over, are wholly dependent upon the
deceased employee and incapable of self-support by reason of mental or
physical disability''.
Effective Date of 1984 Amendment
Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98-426 applicable
with respect to any injury after Sept. 28, 1984, amendment by section
2(b) of Pub. L. 98-426 effective Sept. 28, 1984, and applicable both
with respect to claims filed after such date and to claims pending as of
such date, and amendment by sections 2(c) and 27(a)(1) of Pub. L. 98-426
effective Sept. 28, 1984, see section 28(a), (c), (e)(1) of Pub. L. 98-
426, set out as a note under section 901 of this title.
Effective Date of 1972 Amendment
Section 20(c)(3) of Pub. L. 92-576 provided that: ``The amendments
made by this subsection [amending this section and section 909 of this
title] shall apply only with respect to deaths or injuries occurring
after the enactment of this Act, [Oct. 27, 1972].''
Section 22 of Pub. L. 92-576 provided that: ``The amendments made by
this Act [see Short Title note set out under section 901 of this title]
shall become effective thirty days after the date of enactment of this
Act [Oct. 27, 1972].''
Transfer of Functions
Prior to the amendment of this chapter by Pub. L. 98-426 the word
``Secretary'' meaning the Secretary of Labor had been substituted for
the word ``commission'' meaning the United States Employees'
Compensation Commission throughout this chapter even when not expressly
so directed by statute in view of the transfer of the functions of the
commission first to the Federal Security Administrator by Reorg. Plan
No. 2 of 1946, Sec. 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095,
and later to the Secretary of Labor by Reorg. Plan No. 19 of 1950,
Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271. Where such
substitution had thus been made the statutory substitution of terms by
Pub. L. 98-426 required no change in text.
Section Referred to in Other Sections
This section is referred to in section 908 of this title; title 5
sections 8171, 8172, 8173; title 30 section 932.
