§ 8108 - Reduction of compensation for subsequent injury to same member

CHAPTER 81— COMPENSATION FOR WORK INJURIES › SUBCHAPTER I— GENERALLY

The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if—

(1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and

(2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability.

In such a case, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.

Notes

Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 755(c).Oct. 14, 1949, ch. 691, § 104 “Sec. 5(c)”, 63 Stat. 857.

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 Section of title 5Source (U.S.Code)Source (Statutes at Large) 81085 App.: 755(c).July 4, 1966, Pub. L. 89–488, § 2(c), 80 Stat. 252.

Statutory Notes and Related Subsidiaries

Personnel Not Affected by 1967 Increase

Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.