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U.S. Code as of:
01/19/04
Section 902. Definitions
When used in this chapter -
(1) The term "person" means individual, partnership,
corporation, or association.
(2) The term "injury" means accidental injury or death arising
out of and in the course of employment, and such occupational
disease or infection as arises naturally out of such employment
or as naturally or unavoidably results from such accidental
injury, and includes an injury caused by the willful act of a
third person directed against an employee because of his
employment.
(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 chapter;
(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.
(4) The term "employer" means an employer any of whose
employees are employed in maritime employment, in whole or in
part, upon the navigable waters of the United States (including
any adjoining pier, wharf, dry dock, terminal, building way,
marine railway, or other adjoining area customarily used by an
employer in loading, unloading, repairing, or building a vessel).
(5) The term "carrier" means any person or fund authorized
under section 932 of this title to insure under this chapter and
includes self-insurers.
(6) The term "Secretary" means the Secretary of Labor.
(7) The term "deputy commissioner" means the deputy
commissioner having jurisdiction in respect of an injury or
death.
(8) The term "State" includes a Territory and the District of
Columbia.
(9) The term "United States" when used in a geographical sense
means the several States and Territories and the District of
Columbia, including the territorial waters thereof.
(10) "Disability" means incapacity because of injury to earn
the wages which the employee was receiving at the time of injury
in the same or any other employment; 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 910(d)(2) of this title.
(11) "Death" as a basis for a right to compensation means only
death resulting from an injury.
(12) "Compensation" means the money allowance payable to an
employee or to his dependents as provided for in this chapter,
and includes funeral benefits provided therein.
(13) The term "wages" means the money rate at which the service
rendered by an employee is compensated by an employer under the
contract of hiring in force at the time of the injury, including
the reasonable value of any advantage which is received from the
employer and included for purposes of any withholding of tax
under subtitle C of title 26 (relating to employment taxes). The
term wages does not include fringe benefits, including (but not
limited to) employer payments for or contributions to a
retirement, pension, health and welfare, life insurance,
training, social security or other employee or dependent benefit
plan for the employee's or dependent's benefit, or any other
employee's dependent entitlement.
(14) "Child" shall include a posthumous child, a child legally
adopted prior to the injury of the employee, a child in relation
to whom the deceased employee stood in loco parentis for at least
one year prior to the time of injury, and a stepchild or
acknowledged illegitimate child dependent upon the deceased, but
does not include married children unless wholly dependent on him.
"Grandchild" means a child as above defined of a child as above
defined. "Brother" and "sister" includes stepbrothers and
stepsisters, half brothers and half sisters, and brothers and
sisters by adoption, but does not include married brothers nor
married sisters unless wholly dependent on the employee. "Child",
"grandchild", "brother", and "sister" include only a person who
is under eighteen years of age, or who, though eighteen years of
age or over, is (1) wholly dependent upon the employee and
incapable of self-support by reason of mental or physical
disability, or (2) a student as defined in paragraph (19) of this
section.
(15) The term "parent" includes step-parents and parents by
adoption, parents-in-law, and any person who for more than three
years prior to the death of the deceased employee stood in the
place of a parent to him, if dependent on the injured employee.
(16) The terms "widow or widower" includes only the decedent's
wife or husband living with or dependent for support upon him or
her at the time of his or her death; or living apart for
justifiable cause or by reason of his or her desertion at such
time.
(17) The terms "adoption" or "adopted" mean legal adoption
prior to the time of the injury.
(18) The term "student" means a person regularly pursuing a
full-time course of study or training at an institution which is
-
(A) a school or college or university operated or directly
supported by the United States, or by any State or local
government or political subdivision thereof,
(B) a school or college or university which has been
accredited by a State or by a State recognized or nationally
recognized accrediting agency or body.
(C) a school or college or university not so accredited but
whose credits are accepted, on transfer, by not less than three
institutions which are so accredited, for credit on the same
basis as if transferred from an institution so accredited, or
(D) an additional type of educational or training institution
as defined by the Secretary,
but not after he reaches the age of twenty-three or has completed
four years of education beyond the high school level, except
that, where his twenty-third birthday occurs during a semester or
other enrollment period, he shall continue to be considered a
student until the end of such semester or other enrollment
period. A child shall not be deemed to have ceased to be a
student during any interim between school years if the interim
does not exceed five months and if he shows to the satisfaction
of the Secretary that he has a bona fide intention of continuing
to pursue a full-time course of education or training during the
semester or other enrollment period immediately following the
interim or during periods of reasonable duration during which, in
the judgment of the Secretary, he is prevented by factors beyond
his control from pursuing his education. A child shall not be
deemed to be a student under this chapter during a period of
service in the Armed Forces of the United States.
(19) The term "national average weekly wage" means the national
average weekly earnings of production or nonsupervisory workers
on private nonagricultural payrolls.
(20) The term "Board" shall mean the Benefits Review Board.
(21) Unless the context requires otherwise, the term "vessel"
means any vessel upon which or in connection with which any
person entitled to benefits under this chapter suffers injury or
death arising out of or in the course of his employment, and said
vessel's owner, owner pro hac vice, agent, operator, charter or
bare boat charterer, master, officer, or crew member.
(22) The singular includes the plural and the masculine
includes the feminine and neuter.
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