Page:United States Statutes at Large Volume 86.djvu/1299

 86 STAT. ]

12iS7

PUBLIC LAW 92-576-OCT. 27, 1972

" (j) The proceeds of this fund shall be avaihible for payments: "(1) jPursuant to section 10 and 11 with respect to initial and subsequent annual adjustments in compensation for total permanent disability or death which occurred prior to the effective date of this subsection. "(2) Under section 8(f) and (g), under section 18(b), and under section 39(c). "(3) To repay the sums deposited in the fund pursuant to subsection (d). " (4) To defray the expense of making examinations as provided in section 7. " (k) At the close of each fiscal year the Secretary shall submit to the Congress a complete audit of the fund." I N J U R Y F O L L O W I N G PREVIOUS

70 Stat. 655, 656. 33 USC 908,913, 939, Ante, p. 1254. Audit.

IMPAIRMENT

SEC. 9. (a) Section 8(f)(1) of the Longshoremen's and Harbor Workers' Compensation Act is amended to read as follows: "(1) I n any case in which an employee having an existing permanent partial disability suffers injury, the employer shall provide compensation for such disability as is found to be attributable to that injury based upon the average weekly wages of the employee at the time of the injury. If following an injury falling within the provisions of section 8(c)(1) - ( 2 0), the employee is totally and permanently disabled, and the disability is found not to be due solely to that injury, the employer shall provide compensation for the applicable prescribed period of weeks provided for in that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater. I n all other cases of total permanent disability or of death, found not to be due solely to that injury, of an employee having an existing permanent partial disability, the employer shall provide in addition to compensation under paragraphs (b) and (e) of this section, compensation payments or death benefits for one hundred and four weeks only. If following an injury falling within the provisions of 8(c)(l) - ( 2 0), the employee has a permanent partial disability and the disability is found not to be due solely to that injury, and such disability is materially and substantially greater than that which would have resulted from the subsequent injury alone, the employer shall provide compensation for the applicable period of weeks provided for in that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater. " I n all other cases in which the employee has a permanent partial disability, found not to be due solely to that injury, and such disability is materially and substantially greater than that which would have resulted from the subsequent injury alone, the employer shall provide in addition to compensation under paragraphs (b) and (e) of this section, compensation for one hundred and four weeks only. (2) After cessation of the payments for the period of weeks provided for herein, the employee or his survivor entitled to benefits shall be paid the remainder of the compensation that would be due out of the special fund established in section 44." (b) Section 8(f) of such Act is further amended by striking out paragraph (2). DEATH

44 Stat. 1431; 6 2 Stat. 6 0 3. 33 USC 910,911.

33 USC 908.

70 Stat. 655; Ante, p. 1255.

Ante,

p. 1256.

BENEFITS

SEC. 10. (a) Section 9(a) of the Act is amended by striking out "$400" and inserting in lieu thereof "$1,000". (b) Sections 9(b) and (c) of such Act are amended by striking "35" and "15" wherever they appear, and substituting "50" and "16%" respectively.

62 Stat. 602. 33 USC 909.

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