Page:United States Statutes at Large Volume 63 Part 1.djvu/895

 63 STAT.] 81ST CONG. , 1ST SESS.-CH. 691-OCT. 14, 1949 total and permanent loss, or loss of use, of an arm, hand, leg, foot, or eye (including loss of binocular vision), or total and permanent loss of hearing of both ears, whether or not the disability also involves other impairments of the body, the individual's basic compensation for such disability, in addition to compensation for periods of temporary total or temporary partial disability, shall be 662/3 per centum of his monthly pay for the period specified for such loss, or loss of use, in the schedule to subsection (a) of this section (including paragraphs (16) and (20) thereof), and with respect to any subsequent period shall be as provided in section 3 if the disability is total or as provided in subsection (a) of section 4 if the disability is partial. "(c) The period of compensation payable under the schedule to subsection (a) of this section on account of any injury shall be reduced by the period of compensation paid or payable under such schedule on account of a prior injury if compensation in both cases is for disability of the same member or function, or different parts of the same member or function, or for disfigurement, and the Adminis- trator finds that compensation payable on account of the subsequent disability in whole or in part would duplicate the compensation pay- able on account of the preexisting disability. In such cases, for the purposes of disabilities specified in subsection (b), compensation for disability continuing after the scheduled period shall commence upon expiration of such period as reduced under this subsection. "(d) (1) If an individual who has sustained disability compen- sable under subsection (a) (including any disability compensable under the schedule to subsection (a) by virtue of subsection (b)), and who has filed a valid claim in his lifetime, dies, from causes other than the injury, before the expiration of the compensable period specified in such schedule, the compensation specified in such schedule and unpaid at the individual's death, whether or not accrued or due at his death, shall be paid, under an award made before or after such death, for the period specified in such schedule, to and for the benefit of the persons then in being within the classes and in the proportions and upon the conditions specified in this subsection and in the order named: "(A) to the widow (as defined in section 10 (H)) or wholly dependent widower (as specified in section 10 (B)), if there is no child (as so defined) under the age of eighteen or incapable of self-support; or "(B) if there are both such a widow or widower and such a child or children, one-half to such widow or widower and the other half to such child or children; or "(C) if there is no such widow or widower but such a child or children, then to such child or children; or "(D) if there is no survivor in the above classes, then to the parent or parents wholly or partly dependent for support upon the decedent, or to other wholly or partly dependent relatives listed in section 10 (F), or to both, in such proportions as may be provided by regulation; or "(E) if there is no survivor in any of the above classes, and no burial allowance is payable under section 11, then such amount, not exceeding the amount which would be expendable under sec- tion 11 if such section were applicable, shall be paid to reimburse any person or persons, equitably entitled thereto, to the extent and m the proportions that they shall have paid the expenses of burial of such disabled individual, but no compensated insurer or other person obligated by law or contract to pay such expenses, and no State or political subdivision or entity, shall be deemed so equitably entitled. 857 Ante, p. 856. Ante, p. 856. Ante, p. 855. Period of compen- sation. Ante, p. 865. Ante, p. 856 . Death from other caes. Ante, pp. 866, 856. 39 Stat. 745, 744. 5U. .C. 760(H), (B). Pot, p. 85. 39 Stat. 744. 5U.8.C.17t (F). 39 Stat. 745. 5U.8. . 761. Pod,p. 860.

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