Page:United States Statutes at Large Volume 98 Part 2.djvu/487

 PUBLIC LAW 98-426—SEPT. 28, 1984

98 STAT. 1647

and who is determined by the deputy commissioner to have violated clause (A) or (B) of this paragraph, forfeits his right to compensation with respect to any period during which the employee was required to file such report. "(3) Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee in any amount and on such schedule as determined by the deputy commissioner.". COMPENSATION FOR DEATH

SEC. 9. (a) The matter preceding subsection (a) of section 9 is 33 USC 909. amended to read as follows: "SEC. 9. If the injury causes death, the compensation therefore shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:". (b) Section 9(a) is amended by striking out "$1,000" and inserting in lieu thereof "$3,000". (c) Section 9(e) is amended to read as follows: "(e) In computing death benefits, the average weekly wages of the deceased shall not be less than the national average weekly wage as prescribed in section 6(b), but— 33 USC 906. "(1) the total weekly benefits shall not exceed the lesser of the average weekly wages of the deceased or the benefit which the deceased employee would have been eligible to receive under section 6(b)(1); and Ante, p. 1641. "(2) in the case of a claim based on death due to an occupational disease for which the time of injury (as determined under section 10(i)) occurs after the employee has retired, the total Infra. weekly benefits shall not exceed one fifty-second part of the employee's average annual earnings during the 52-week period preceding retirement.". DETERMINATION OF PAY

SEC. 10. (a)(1) Section 10(d) is amended by inserting "(1)" after "(d)" and by adding at the end thereof the following: "(2) Notwithstanding paragraph (1), with respect to any claim based on a death or disability due to an occupational disease for which the time of injury (as determined under subsection (i)) occurs— "(A) within the first year after the employee has retired, the average weekly wages shall be one fifty-second part of his average annual earnings during the 52-week period preceding retirement; or "(B) more than one year after the employee has retired, the average weekly wage shall be deemed to be the national average weekly wage (as determined by the Secretary pursuant to section 6(b)) applicable at the time of the injury.". (2) Section 10 is further amended by adding at the end thereof the following new subsection: "(i) For purposes of this section with respect to a claim for compensation for death or disability due to an occupational disease which does not immediately result in death or disability, the time of injury shall be deemed to be the date on which the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the

33 USC 9io.

33 USC 906.

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