Page:United States Statutes at Large Volume 80 Part 1.djvu/583

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

(d) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation— (1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or (2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company. § 8132. Adjustment after recovery from a third person If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as a result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injuiy. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If compensation has not been paid to the beneficiary, he shall credit the money or property on compensation payable to him by the United States for the same injury. § 8133. Compensation in case of death (a) If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule: (1) To the widow or widower, if there is no child, 45 percent. (2) To the widow or widower, if there is a child, 40 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children. (3) To the children, if there is no widow or widower, 35 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike. (4) To the parents, if there is no widow, widower, or child, as follows— (A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent; (B) 20 percent to each if both were wholly dependent; or (C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent. (5) To the brothels, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows— (A) 20 percent if one was wholly dependent on the employee at the time of death;

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