[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR61.203]



[Page 143-144]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 61_CLAIMS FOR COMPENSATION UNDER THE WAR HAZARDS COMPENSATION ACT, 

AS AMENDED--Table of Contents

 

         Subpart C_Compensation for Injury, Disability or Death

 

Sec.  61.203  Limitations on and deductions from benefits.



    (a) Compensation payable for injury, disability or death may not 

exceed the maximum limitations specified in section 6(b) of the 

Longshore and Harbor Workers' Compensation Act, as amended.

    (b) In determining benefits for disability or death, the Office 

shall not apply the minimum limits found in sections 6(b) and 9(e) of 

the Longshore and Harbor Workers' Compensation Act.

    (c) Compensation for death or permanent disability payable to 

persons who are not citizens of the United States and who are not 

residents of the United States or Canada is in the same amount as 

provided for residents, except that dependents in a foreign country are 

limited to the employee's spouse and children, or if there be no spouse 

or children, to the employee's father or mother whom the employee 

supported, either wholly or in part, for the period of one year 

immediately prior to the date of the injury. The Office may discharge 

its liability for all future payments of compensation to a noncitizen/

nonresident by paying a limp sum representing one-half the commuted 

value of all future compensation as determined by the Office.

    (d) If any employee or beneficiary receives or claims wages, 

payments in lieu of wages, or insurance benefits for disability or loss 

of life (other than workers' compensation benefits), and the cost of 

these payments is provided in whole or in part by the United



[[Page 144]]



States, the Office shall credit the amount of the benefits against any 

payments to which the person is entitled under the Act. The Office shall 

apply credit only where the wages, payments, or benefits received are 

items for which the contractor is entitled to reimbursement from the 

United States, or where they are otherwise reimbursable by the United 

States.

    (e) If an employee who is receiving workers' compensation benefits 

on account of a prior accident or disease sustains an injury compensable 

under the Act, the employee is not entitled to any benefits under the 

Act during the period covered by other workers' compensation benefits 

unless the injury from a war-risk hazard increases the employee's 

disability. If the war-risk injury increases the disability, 

compensation under the Act is payable only for the amount of the 

increase in disability. This provision is applicable only to disability 

resulting jointly from two unrelated causes, namely, (1) prior 

industrial accident or disease, and (2) injury from a war-risk hazard.

    (f) Compensation for disability under this subchapter, with the 

exception of allowances for scheduled losses of members or functions of 

the body, may not be paid for the same period of time during which 

benefits for detention under this subchapter are paid or accrued.