Page:United States Statutes at Large Volume 62 Part 1.djvu/633

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 623 -JUNE 24, 1948 iequal parts, 35 per centum of such wages increased by 15 per centum of such wages for each child in excess of one: Provided,That the total amount payable shall in no case exceed 66% per centum of such wages. The deputy commissioner having jurisdiction over the claim may, in his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment of a guardian for such purposes shall not be necessary. "(c) If there be one surviving child of the deceased, but no surviving wife or dependent husband, then for the support of such child 35 per centum of the wages of the deceased; and if there be more than one surviving child of the deceased, but no widow or dependent husband, then for the support of such children, in equal parts 35 per centum of such wages increased by 15 per centum of such wages for each child in excess of one: Provided, That the total amount payable shall in no case exceed 66% per centum of such wages. "(e) In computing death benefits the average weekly wages of the deceased shall be considered to have been not more than $52.50 nor less than $18, but the total weekly compensation shall not exceed the weekly wages of the deceased." SEC. 4 . Subdivisions (a), (b), and (c) of section 10 of the Long- shoremen's and Harbor Workers' Act, as amended, are amended to read as follows: "(a) If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary for a six-day worker and two hundred and sixty times the average daily wage or salary for a five-day worker, which he shall have earned in such employment during the days when so employed. " (b) If the injured employee shall not have worked in such employ- ment during substantially the whole of such year, his average annual earnings, if a six-day worker, shall consist of three hundred times the average daily wage or salary, and, if a five-day worker, two hundred and sixty times the average daily wage or salary, which an employee of the same class working substantially the whole of such immediately preceding year in the same or in similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed. "(c) If either of the foregoing methods of arriving at the average annual earnings of the injured employee cannot reasonably and fairly be applied, such average annual earnings shall be such sum as, having regard to the previous earnings of the injured employee in the employment in which he was working at the time of the injury, and of other employees of the same or most similar class working in the same or most similar employment in the same or neighboring locality, or other employment of such employee, including the reasonable value of the services of the employee if engaged in self-employment, shall reasonably represent the annual earning capacity of the injured employee." SEC. 5. Subdivision (m) of section 14 of the Longshoremen's and Harbor Workers' Compensation Act, as amended, is hereby amended to read as follows: "(m) The total compensation payable under this Act for injuries shall in no event exceed the sum of $11,000: Provided,That this subdi- vision shall not apply to cases of permanent total disability or death: And provided further, That in cases of disability compensable under paragraph (21) of subdivision (c) of section 8 the total compensation for such disability, and for any temporary total disability or tempo- 603 Total allowance. Surviving child. Computation of death benefits. 44 Stat. 1431 . 33U.S.C.§910 (a)-(c). Computation of average annual earn- ings. 44 Stat. 1434. 33U. S.C. §914 (m. Maximum amount. Nonappliability. 44 Stat. 142. 33U.S. . . 908 (c( (a).

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