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90тн CONGRESS

1st SESSION

S. 2485

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 29, 1967 Mr. Y ARBOROUGH (for himself and Mr. Morsk) introduced the following bill;

which was read twice and referred to the Committee on Labor and Public Welfare

A BILL

To amend the Longshoremen’s and Harbor Workers' Compensation Act to improve its benefits, and for other purposes.

Be it enacted by the Senate and House of Representa

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2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the “Longshoremen's and 4 Harbor Workers' Compensation Act Amendments of 1967”.

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TIME FOR ('OMMENCEMENT OF COMPENSATION

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Spc. 2. Section 6 (a) of the Longshoremen’s and Harbor 7 Workers' Compensation Act (44 Stat. 1424, as amended) 8 is amended by striking "more than twenty-eight days” and 9 substituting “more than twenty-one days.”

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INCREASES IN MAXIMUM AND MINIMUM LIMITS OF

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DISABILITY COMPENSATION AND ALLOWANCE

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SEC. 3. (a) Section 6 (b) of such Act is amended by 4 striking “$70” and substituting “$105," and by striking 5 “$18,” wherever it appears, and substituting “$35.”

(b) Section 14 of such Act is amended by striking

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SEC. 4. The last sentence of section 7 (e) of such Act 10 is amended to read as follows: "The deputy commissioner

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may charge the cost of such examination to the carrier

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Sec. 5. Section 8 (c) (20) of such Act is amended to

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“Disfigurement: Proper and equitable compensation not to exceed $3,500, shall be awarded for serious dis

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figurement: (1) of the face, head, or neck; or (2) of other normally exposed areas likely to handicap the employee in securing or maintaining employment.”

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COMPENSATION AT END OF SCHEDULED AWARD

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SEC. 6. Section 8 (c) of such Act is further amended by adding a new paragraph (23) to read as follows:

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“(23) With respect to any period after payments under paragraph (c) (1) through (c) (20) have termi

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nated, compensation shall be paid as provided in subsections (a) and (b) of this section if the disability is total, or, if the disability is partial, two-thirds of the difference between the injured employee's average weekly wages before the injury and his wage-earning capacity after the injury in the same or other employ

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ment.”

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INJURY FOLLOWING PREVIOUS IMPAIRMENT

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Sec. 7. (a) Section 8 (f) (1) of such Act is amended to

10 read as follows:

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11 "In any case in which an employee having an existing 12

permanent physical impairment suffers injury, the employer 13 shall provide compensation for such disability as is found to 14 be attributable to that injury based upon the average weekly

wages of the employee at the time of the injury. If following

an injury falling within the provisions of section 8 (c) (1) 17 (20), the employee is totally and permanently disabled, and 18 the disability is found not to be due solely to that injury, the

employer shall provide compensation for the applicable pre20 scribed period of weeks provided for in that section, or for 21

one hundred and four weeks, whichever is the greater. In 22 all other cases of total permanent disability or of death, found

not to be due solely to that injury, of an employee having 24

an existing permanent physical impairment, the employer 25 shall provide, in addition to compensation under paragraphs

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1 (b) and (c) of this section, compensation payments or 2 death benefits for one hundred and four weeks only. After 3 cessation of the payments for the period of weeks provided

4 for herein, the employee or his survivor entitled to benefits

5 shall be paid the remainder of the compensation that would

6 be due for permanent total disability or for death out of the

7 special fund established in section 44."

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(b) Section 8 (f) of such Act is further amended by

9 striking paragraph (2).

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AUGMENTED COMPENSATION FOR DEPENDENTS AND

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STUDENT BENEFITS

12 Sec. 8. (a) Section 8 of such Act is amended by adding 13

a new subsection (j) to read as follows: 14 “(j) While the disabled employee has one or more 15 dependents, his weekly basic compensation for disability 16 payable under subsections (a), (b), or (c) (1) through 17 (19), (22), and (23) of this section shall be augmented 18 at the rate of 8 per centum of his average weekly wages, 19 and his basic compensation for disability payable under sub20 paragraph (e) (21) of this section shall be augmented at

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21 the rate of 84 per centum of the difference between his

22 weekly pay and his weekly wage-earning capacity. As used

23 in this subsection (j), the term “dependent shall mean any

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“(1) A wife, if she is living with or dependent for

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“ (2) A hushand, if he is living with and dependent

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pon the employee for support.

“(3) A child as defined in section 2 (14) bereof.

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" (4) A parent as defined in section 2 (15) hereof."

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5 (b) Section 2 of such Act is amended by redesignating 6 paragraph (19) as paragraph (20) and adding a 7 paragraph (19) to read as follows:

“ (19) The term 'student' means a person regularly pursuing a full-time course of study or training at an

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“(A) a school or college or university operated or directly supported by the United States, or by

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any State or local government or political subdi

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vision thereof, or

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“ (B) a school or college or university which

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has been accredited by a State or by a State-recog

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nized or nationally recognized accrediting agency

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or body, or

“(C) a school or college or university not so accredited but whose credits are accepted, ou trans

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fer, by not less than three institutions which are

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so accredited, for credit on the same basis as if

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transferred from an institution so accredited, or

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“(D) an additional type of educational or training institution as defined by the Secretary,

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88-651 O - 68 - 2

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