2016 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart G - Insurance and Annuities
Chapter 81 - Compensation for Work Injuries
Subchapter I - Generally
Sec. 8113 - Increase or decrease of basic compensation
| 5 U.S.C. § 8113 (2016) | ||||||
| §8113. Increase or decrease of basic compensation | ||||||
|
(a) If an individual— (1) was a minor or employed in a learner's capacity at the time of injury; and (2) was not physically or mentally handicapped before the injury; the Secretary of Labor, on review under section 8128 of this title after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity. (b) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under section 8104 of this title, the Secretary, on review under section 8128 of this title and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary. |
||||||
|
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90–83, §1(100), Sept. 11, 1967, 81 Stat. 220; Pub. L. 93–416, §8(a), Sept. 7, 1974, 88 Stat. 1145.) |
||||||
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACTThis section amends section 8113(b) of title 5, United States Code, to conform to the source statute (sec. 6(d)(1) of the Federal Employees' Compensation Act, as amended (63 Stat. 859)). AMENDMENTS1974—Subsecs. (b), (c). Pub. L. 93–416 struck out subsec. (b) which authorized the Secretary to prospectively recompute compensation because of decreased wage earning power after age 70, aside from injury, and redesignated subsec. (c) as (b). EFFECTIVE DATE OF 1974 AMENDMENTAmendment by Pub. L. 93–416 applicable to case where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. EFFECTIVE DATE OF 1967 AMENDMENTAmendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title. |
||||||
| United States Code, 2012 Edition, Supplement 4, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES | ||||||
| Bills and Statutes | ||||||
| United States Code | ||||||
| Y 1.2/5: | ||||||
| Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart G - Insurance and Annuities CHAPTER 81 - COMPENSATION FOR WORK INJURIES SUBCHAPTER I - GENERALLY Sec. 8113 - Increase or decrease of basic compensation |
||||||
| section 8113 | ||||||
| 2016 | ||||||
| January 6, 2017 | ||||||
| Yes | ||||||
| standard | ||||||
| 63 Stat. 859 64 Stat. 1271 80 Stat. 540 81 Stat. 220 88 Stat. 1145 |
||||||
| Public Law 89-554, Public Law 90-83, Public Law 93-416 |
