Page:United States Statutes at Large Volume 109 Part 1.djvu/448

 109 STAT. 432 PUBLIC LAW 104-49—NOV. 15, 1995 Public Law 104-49 104th Congress An Act 29 USC 1854 note. Nov. 15, 1995 Respecting the relationship between workers' compensation benefits and the benefits [H.R. 1715J available under the Migrant and Seasonal Agricultural Worker Protection Act. Be it enacted by the Senate and House of Representatives of Intergovernthe United States of America in Congress assembled, mental relations. SECTION 1. WORKERS' COMPENSATION. (a) AMENDMENTS.— (1) Section 325 of the Legislative Branch Appropriations Act, 1993 (Public Law 102-392) is repealed. (2) Section 504(d) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1854(d)) is amended to read as follows: "(d)( 1) Notwithstanding any other provision of this Act, where a State workers' compensation law is applicable and coverage is provided for a migrant or seasonal agricultural worker, the workers' compensation benefits shall be the exclusive remedy for loss of such worker under this Act in the case of bodily injury or death in accordance with such State's workers' compensation law. "(2) The exclusive remedy prescribed by paragraph (1) precludes the recovery under subsection (c) of actual damages for loss from an injury or death but does not preclude recovery under subsection (c) for statutory damages or equitable relief, except that such relief shall not include back or front pay or in any manner, directly or indirectly, expand or otherwise alter or affect (A) a recovery under a State workers' compensation law or (B) rights conferred under a State workers' compensation law.". (b) EFFECTIVE DATE.—The amendment made by subsection (a)(2) shall apply to all cases in which a final judgment has not been entered. 29 USC 1854 note. Courts. SEC. 2. EXPANSION OF STATUTORY DAMAGES. (a) AMENDMENT.— Section 504 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1854) is amended by adding after subsection (d) the following: "(e) If the court finds in an action which is brought by or for a worker under subsection (a) in which a claim for actual damages is precluded because the worker's injury is covered by a State workers' compensation law as provided by subsection (d) that— "(1)(A) the defendant in the action violated section 401(b) by knowingly requiring or permitting a driver to drive a vehicle for the transportation of migrant or seasonal agricultural workers while under the influence of alcohol or a controlled substance (as defined in section 102 of the Controlled Substances

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