FEDERAL · 5 U.S.C. · Chapter 81

Reduction of compensation for subsequent injury to same member

Current through Pub. L. 119-102
Title 5Government Organization and Employees·Ch. 81 — COMPENSATION FOR WORK INJURIES·Subch. I

The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if—

(1)compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and
(2)the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability. In such a case, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.

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Related

Ashok K. Avasthi v. United States
608 F.2d 1059 (Fifth Circuit, 1979)
47 case citations
Coffey v. United States
939 F. Supp. 185 (E.D. New York, 1996)
12 case citations
Soeken v. Herman
35 F. Supp. 2d 99 (District of Columbia, 1999)
9 case citations
Thaddeus Hardy v. United States Postal Service
76 F.3d 366 (Federal Circuit, 1996)

Source Credit

History

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, §1(51), Sept. 11, 1967, 81 Stat. 210.)

Editorial Notes

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Statutory Notes and Related Subsidiaries

Personnel Not Affected by 1967 Increase
Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.