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U.S. Code as of:
01/19/04
Section 903. Coverage
(a) Disability or death; injuries occurring upon navigable waters
of United States
Except as otherwise provided in this section, compensation shall
be payable under this chapter in respect of disability or death of
an employee, but only if the disability or death results from an
injury occurring 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, dismantling, or building
a vessel).
(b) Governmental officers and employees
No compensation shall be payable in respect of the disability or
death of an officer or employee of the United States, or any agency
thereof, or of any State or foreign government, or any subdivision
thereof.
(c) Intoxication; willful intention to kill
No compensation shall be payable if the injury was occasioned
solely by the intoxication of the employee or by the willful
intention of the employee to injure or kill himself or another.
(d) Small vessels
(1) No compensation shall be payable to an employee employed at a
facility of an employer if, as certified by the Secretary, the
facility is engaged in the business of building, repairing, or
dismantling exclusively small vessels (as defined in paragraph (3)
of this subsection), unless the injury occurs while upon the
navigable waters of the United States or while upon any adjoining
pier, wharf, dock, facility over land for launching vessels, or
facility over land for hauling, lifting, or drydocking vessels.
(2) Notwithstanding paragraph (1), compensation shall be payable
to an employee -
(A) who is employed at a facility which is used in the business
of building, repairing, or dismantling small vessels if such
facility receives Federal maritime subsidies; or
(B) if the employee is not subject to coverage under a State
workers' compensation law.
(3) For purposes of this subsection, a small vessel means -
(A) a commercial barge which is under 900 lightship
displacement tons; or
(B) a commercial tugboat, towboat, crew boat, supply boat,
fishing vessel, or other work vessel which is under 1,600 tons
gross as measured under section 14502 of title 46, or an
alternate tonnage measured under section 14302 of that title as
prescribed by the Secretary under section 14104 of that title.
(e) Credit for benefits paid under other laws
Notwithstanding any other provision of law, any amounts paid to
an employee for the same injury, disability, or death for which
benefits are claimed under this chapter pursuant to any other
workers' compensation law or section 688 of title 46, Appendix
(relating to recovery for injury to or death of seamen), shall be
credited against any liability imposed by this chapter.
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