Page:United States Statutes at Large Volume 98 Part 2.djvu/479

 PUBLIC LAW 98-426—SEPT. 28, 1984

98 STAT. 1639

Public Law 98-426 98th Congress An Act Entitled the "Longshore and Harbor Workers' Compensation Act Amendments of 1984".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Longshore and Harbor Workers' Compensation Act Amendments of 1984". (b) Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Longshoremen's and Harbor Workers' Compensation Act.

Sept. 28, 1984 [S. 38] Longshore and Harbor Workers' Compensation Act Amendments of 1984. 33 USC 901 note. 33 USC 901.

DEFINITIONS

SEC. 2. (a) Section 2(3) is amended to read as follows: "(3) The term 'employee' means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include— "(A) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work; "(B) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet; "(C) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance); "(D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this Act; "(E) aquaculture workers; "(F) individuals employed to build, repair, or dismantle any recreational vessel under sixty-five feet in length; "(G) a master or member of a crew of any vessel; or "(H) any person engaged by a master to load or unload or repair any small vessel under eighteen tons net; if individuals described in clauses (A) through (F) are subject to coverage under a State workers' compensation law.". (b) Section 2(10) is amended by inserting before the period at the end thereof the following: "; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 10(d)(2)". (c) Section 2(13) is amended to read as follows:

33 USC 902.

Post, p. 1647.

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