1984—Subsec. (c)(13). Pub. L. 98–426, § 8(a), redesignated compensation for loss of hearing in one ear as subpar. (A) and for loss in both ears as subpar. (B) and added subpars. (C), (D), and (E) respecting establishing proof of hearing loss.

Subsec. (c)(20). Pub. L. 98–426, § 8(b), substituted “$7,500” for “$3,500”.

Subsec. (c)(21). Pub. L. 98–426, § 8(c)(1), substituted “the average weekly wages of the employee and the employee’s” for “his average weekly wages and his”; and struck out “, but subject to reconsideration of the degree of such impairment by the deputy commissioner on his own motion or upon application of any party in interest”.

Subsec. (c)(23). Pub. L. 98–426, § 8(c)(2), added par. (23).

Subsec. (d)(3), (4). Pub. L. 98–426, § 8(d), redesignated par. (4) as par. (3). Former par. (3), which provided that if an employee who was receiving compensation for permanent partial disability pursuant to subsection (c)(21) of this section died from causes other than the injury, his survivors would receive death benefits as provided in section 909(b)–(g) of this title, except that the percentage figures therein would be applied to the weekly compensation payable to the employee at the time of his death multiplied by 1.5, rather than to his average weekly wages, was struck out.

Subsec. (f)(1). Pub. L. 98–426, § 8(e)(1), inserted at end of second and fourth sentences “, except that, in the case of an injury falling within the provisions of subsection (c)(13), the employer shall provide compensation for the lesser of such periods”.

Subsec. (f)(2)(A). Pub. L. 98–426, § 8(e)(2), designated existing provisions of par. (2) as subpar. (A).

Pub. L. 98–426, § 8(e)(3), inserted “, except that the special fund shall not assume responsibility with respect to such benefits (and such payments shall not be subject to cessation) in the case of any employer who fails to comply with section 932(a) of this title”.

Subsec. (f)(2)(B). Pub. L. 98–426, § 8(e)(4), added subpar. (B).

Subsec. (f)(3). Pub. L. 98–426, § 8(e)(5), added par. (3).

Subsec. (g). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

Subsec. (i)(1) to (3). Pub. L. 98–426, § 8(f), substituted pars. (1) to (3) respecting procedures for approval of a settlement by the deputy commissioner or administrative law judge for former pars. (A) and (B) respecting settlements approved by the deputy commissioner or Secretary.

Subsec. (i)(4). Pub. L. 98–426, § 8(g), added par. (4).

Subsec. (j). Pub. L. 98–426, § 8(h), added subsec. (j).

1972—Subsec. (c)(20). Pub. L. 92–576, § 7, included compensation for serious disfigurement of the neck and other normally exposed areas likely to handicap the employee in securing or maintaining employment.

Subsec. (d). Pub. L. 92–576, § 5(c), in revising provisions substituted par. (1), subpars. (A) to (D) and pars. (2) to (4) for former provisions having an introductory par. and pars. (1) to (5), making the following changes:

Par. (1) incorporated former introductory par. providing for payments to survivors rather than for payments “for the benefit of the persons after”; subpar. (A) incorporated former par. (1) providing for a widower rather than dependent husband;

Subpar. (B) incorporated former par. (4), striking out reference to children under eighteen years, and providing for payment in equal shares;

Subpar. (C) incorporated former par. (2) for payment in equal shares rather than one half to surviving wife or dependent husband and one half to surviving child or children, substituting reference to “widow or widower” for “surviving wife or dependent husband”, and striking out reference to “surviving” before “child or children”;

Subpar. (D) added;

Pars. (2) and (3) added and former par. (3) struck out, such par. making it discretionary with the deputy commissioner to appoint a guardian for receipt of minor child’s compensation; and

Par. (4) incorporated former par. (5), inserting provision for payment of compensation to the special fund except where payable under subsec. (c)(21) of this section.

Subsec. (f)(1). Pub. L. 92–576, § 9(a) added par. (1) and struck out former par. (1) which provided that if an employee received an injury which of itself would only cause permanent partial disability but which, combined with a previous disability did in fact cause permanent total disability, the employer should provide compensation only for the disability caused by the subsequent injury, and proviso of such former par. (1) providing that in addition to compensation for the permanent partial disability, and after the cessation of the payments for the prescribed period of weeks, the employee should be paid the remainder of the compensation that would be due for permanent total disability and provision that additional compensation should be paid out of the special fund established in section 944 of this title. See par. (2) of this subsection.

Subsec. (f)(2). Pub. L. 92–576, § 9, incorporated proviso of first sentence and second sentence of former par. (1) in provisions designated as par. (2) and struck out former par. (2) which stated that in all other cases in which, following a previous disability, an employee received an injury which was not covered by former par. (1), the employer should provide compensation only for the disability caused by the subsequent injury, and in determining compensation for the subsequent injury or for death resulting therefrom, the average weekly wages should be such sum as would reasonably represent the earning capacity of the employee at the time of the subsequent injury. See par. (1) of this subsection.

Subsec. (i). Pub. L. 92–576, § 20(a), designated existing provisions as subpar. (A), substituted “Whenever” for “In cases under subsection (c)(21) and subsection (e) of this section, whenever”, “he may approve” for “he may, with the approval of the Secretary, approve”, and “deputy commissioner” for “Secretary”, and struck out after “Provided,” where first appearing “That the sum so agreed upon shall be payable in installments as provided in section 914(b) of this title, which installments shall be subject to commutation under section 914(j) of this title; And provided further,” and added subpar. (B).

1956—Subsec. (c). Act July 26, 1956, § 2, increased periods in schedule of compensation as follows:

Par. (1) Arm lost, increased from two hundred and eighty to three hundred and twelve weeks’ compensation.

Par. (2) Leg lost, increased from two hundred and forty-eight to two hundred and eighty-eight weeks’ compensation.

Par. (3) Hand lost, increased from two hundred and twelve to two hundred and forty-four weeks’ compensation.

Par. (4) Foot lost, increased from one hundred and seventy-three weeks to two hundred and five weeks’ compensation.

Par. (5) Eye lost, increased from one hundred and forty to one hundred and sixty weeks’ compensation.

Par. (6) Thumb lost, increased from fifty-one to seventy-five weeks’ compensation.

Par. (7) First finger lost, increased from twenty-eight to forty-six weeks’ compensation.

Par. (8) Great toe lost, increased from twenty-six to thirty-eight weeks’ compensation.

Par. (9) Second finger lost, increased from eighteen to thirty weeks’ compensation.

Par. (10) Third finger lost, increased from seventeen to twenty-five weeks’ compensation.

Par. (11) Toe other than great toe lost, increased from eight to sixteen weeks’ compensation.

Par. (12) Fourth finger lost, increased from seven to fifteen weeks’ compensation.

Subsec. (g). Act July 26, 1956, § 3, substituted “$25” for “$10”.

1948—Subsec. (c). Act June 24, 1948, inserted in opening par. “or temporary partial disability”, “or subsection (e)”, and “respectively”.

1938—Subsec. (c). Act June 25, 1938, § 4, in par. (22), inserted exception clause.

Subsecs. (h), (i). Act June 25, 1938, § 5 added subsecs. (h) and (i).

1934—Subsec. (c). Act May 26, 1934, § 2, inserted in opening par. “which shall be in addition to compensation for temporary total disability paid in accordance with subsection (b) of this section” and decreased periods in schedule of compensation of pars. (1) to (12).

Subsec. (c). Act May 26, 1934, § 3, substituted new par. (22), providing that “In any case in which there shall be a loss of, or loss of use of, more than one member or parts of more than one member set forth in paragraphs (1) to (19) of this subdivision, not amounting to permanent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecutively.”, for former provisions, providing that “In case of temporary total disability and permanent partial disability, both resulting from the same injury, if the temporary total disability continues for a longer period than the number of weeks set forth in the following schedule, the period of temporary total disability in excess of such number of weeks shall be added to the compensation period provided in this subdivision: Arm, thirty-two weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; eye, twenty weeks; thumb, twenty-four weeks; first finger, eighteen weeks; great toe, twelve weeks; second finger, twelve weeks; third finger, eight weeks; fourth finger, eight weeks; toe other than great toe, eight weeks.

“In any case resulting in loss or partial loss of arm, leg, hand, foot, eye, thumb, finger, or toe, where the temporary total disability does not extend beyond the periods above mentioned for such injury, compensation shall be limited to the schedule contained in this subdivision.”

Amendment by section 8(a), (c)(2), (e)(1), (2) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, amendment by section 8(b) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by sections 8(c)(1), (e)(4), (5), (g), and 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, amendment by section 8(d) of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, amendment by section 8(f) of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 8(h) of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, see section 28(a)–(e) of Pub. L. 98–426, set out as a note under section 901 of this title.

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.

Amendment by act July 26, 1956, applicable only with respect to injuries and death occurring on or after July 26, 1956, see section 9 of act July 26, 1956, set out as a note under section 906 of this title.

Amendment by act June 24, 1948, applicable to death or injuries occurring after June 24, 1948, see section 6 of act June 24, 1948, set out as a note under section 906 of this title.