Page:United States Statutes at Large Volume 80 Part 1.djvu/574

 538

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

§ 8108. Reduction of compensation for subsequent injury to same member The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if— (1) 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 (2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability. In such a case, for the purposes of disabilities specified by section 8107(b) of this title, compensation for disability continuing after tlu scheduled period starts on expiration of that period as reduced under this section. § 8109. Beneficiaries of awards unpaid at death; order of precedence (a) If an individual— (1) has sustained disability compensable under section 8107(a) of this title, including a disability compensable under the schedule in section 8107(c) of this title because of section 8107(b) of this title; (2) has filed a valid claim in his lifetime; and (3) dies from a cause other than the injury before the end of the period specified by the schedule; the compensation specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid— (A) under an award made before or after the death; (B) for the period specified by the schedule; (C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and (D) in the following order of precedence: (i) If there is no child, to the widow or widower. (ii) If there are both a widow or widower and a child or children, one-half to the widow or widower and one-half to the child or children. (iii) If there is no widow or widower, to the child or children. (iv) If there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by section 8133(a)(5) of this title, or to both in proportions provided by regulation, (V) If there is no survivor in the above classes and no burial allowance is payable under section 8134 of this title, an amount not exceeding that which would be expendable under section 8134 of this title if applicable shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he has paid the burial expenses, but a compensated insurer or other person obligated by law or contract to pay the burial expenses or a State or political subdivision or entity is deemed not equitably entitled. (b) Payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent disability speci-

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