Laws: Cases and Codes : U.S. Code : Title 33 : Section 902
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U.S. Code as of:
01/19/04
Section 902 - Notes
SOURCE
(Mar. 4, 1927, ch. 509, Sec. 2, 44 Stat. 1424; June 25, 1938, ch.
685, Sec. 1, 52 Stat. 1164; Pub. L. 92-576, Secs. 2(a), (b), 3,
5(b), 15(c), 18(b), 20(c)(1), Oct. 27, 1972, 86 Stat. 1251, 1253,
1262, 1263, 1265; Pub. L. 98-426, Secs. 2, 5(a)(2), 27(a)(1), Sept.
28, 1984, 98 Stat. 1639, 1641, 1654.)
REFERENCES IN TEXT
The phrase "a student as defined in paragraph (19) of this
section", referred to in par. (14), probably means a student as
defined in paragraph (18) of this section.
AMENDMENTS
1984 - Par. (3). Pub. L. 98-426, Sec. 2(a), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "The term
'employee' means any person engaged in maritime employment,
including any longshoreman or other person engaged in longshoring
operations, and any harborworker including a ship repairman,
shipbuilder, and shipbreaker, but such term does not include a
master or member of a crew of any vessel, or any person engaged by
the master to load or unload or repair any small vessel under
eighteen tons net."
Par. (6). Pub. L. 98-426, Sec. 27(a)(1), substituted "The term
'Secretary' means the Secretary of Labor" for "The term
'commission' means the United States Employees' Compensation
Commission".
Par. (10). Pub. L. 98-426, Sec. 2(b), inserted "; 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".
Par. (13). Pub. L. 98-426, Sec. 2(c), amended par. (13)
generally. Prior to amendment, par. (13) read as follows: " 'Wages'
means the money rate at which the service rendered is recompensed
under the contract of hiring in force at the time of the injury,
including the reasonable value of board, rent, housing, lodging, or
similar advantage received from the employer, and gratuities
received in the course of employment from others than the
employer".
Par. (21). Pub. L. 98-426, Sec. 5(a)(2), substituted "Unless the
context requires otherwise, the" for "The".
1972 - Par. (3). Pub. L. 92-576, Sec. 2(a), defined "employee" to
mean any person engaged in maritime employment, including any
longshoreman or other person engaged in longshoring operations, and
any harborworker including a ship repairman, shipbuilder, and
shipbreaker and substituted "or" for "nor" before "any person
engaged by the master".
Par. (4). Pub. L. 92-576, Sec. 2(b), defined "employer" to
include an employer any of whose employees are employed in maritime
employment 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.
Par. (14). Pub. L. 92-576, Sec. 3(b), defined "child, grandchild,
brother, and sister" to include a student as defined in par. (19)
of this section.
Par. (16). Pub. L. 92-576, Sec. 20(c)(1), consolidated provisions
of former par. (16) definition of "widow" and former par. (17)
definition of "widower" in one definition of "widow or widower";
and in redefining "widower", substituted provision for decedent's
husband living with or dependent upon wife for support at time of
her death, for prior provision for decedent's husband living with
and dependent upon wife for support at time of her death, and
included decedent's husband living apart from wife for justifiable
cause or by reason of her desertion at time of her death.
Par. (17). Pub. L. 92-576, Sec. 20(c)(1), redesignated former
par. (18) definition of "adoption" or "adopted" as par. (17).
Former par. (17) definition of "widower" incorporated in par. (16).
Par. (18). Pub. L. 92-576, Secs. 3(a), 20(c)(1), added par. (19)
definition of "student" and redesignated such par. (19) as par.
(18). Former par. (18) definition of "adoption" or "adopted"
redesignated par. (17).
Par. (19). Pub. L. 92-576, Secs. 5(b), 20(c)(1), added par. (20)
definition of "national average weekly wage" and redesignated such
par. (20) as par. (19). Former par. (19) definition of "student"
redesignated par. (18).
Par. (20). Pub. L. 92-576, Secs. 15(c), 20(c)(1), added par. (21)
definition of "Board" and redesignated such par. (21) as par. (20).
Former par. (20) definition of "national average weekly wage"
redesignated par. (19).
Par. (21). Pub. L. 92-576, Secs. 18(b), 20(c)(1), added par. (22)
definition of "vessel" and redesignated such par. (22) as par.
(21). Former par. (21) definition of "Board" redesignated par.
(20).
Par. (22). Pub. L. 92-576, Secs. 3(a), 5(b), 15(c), 18(b),
20(c)(1), redesignated former par. (19) definition of "singular" as
pars. (20), (21), (22), (23), and (22) again. Former par. (22)
definition of "vessel" redesignated par. (21).
1938 - Par. (14). Act June 25, 1938, included within definition
of child, "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 within definition of child, grandchild, brother, and sister
"persons who though eighteen years of age or over, are wholly
dependent upon the deceased employee and incapable of self-support
by reason of mental or physical disability".
TRANSFER OF FUNCTIONS
Prior to the amendment of this chapter by Pub. L. 98-426 the word
"Secretary" meaning the Secretary of Labor had been substituted for
the word "commission" meaning the United States Employees'
Compensation Commission throughout this chapter even when not
expressly so directed by statute in view of the transfer of the
functions of the commission first to the Federal Security
Administrator by Reorg. Plan No. 2 of 1946, Sec. 3, eff. July 16,
1946, 11 F.R. 7873, 60 Stat. 1095, and later to the Secretary of
Labor by Reorg. Plan No. 19 of 1950, Sec. 1, eff. May 24, 1950, 15
F.R. 3178, 64 Stat. 1271. Where such substitution had thus been
made the statutory substitution of terms by Pub. L. 98-426 required
no change in text.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 908 of this title; title 5
sections 8171, 8172, 8173; title 30 section 932.
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