An Act to amend the Longshoremen's and Harbor Workers Compensation Act, and for other purposes
PL 92-576 (S.2318), enacted 10/27/1972

86 STAT. ] 
PUBLIC LAW 92-576-OCT. 27, 1972 
1251 
Public Law 92-576 
AN ACT 
To amend the Longshoremen's and Harbor Workers' Comijensation Actv 
and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
October 27, 1972 
[S. 2318] 
Longshoremen's 
and Harbor 
be cited as the "Longshoremen's and Harbor Workers' Compensa- workers'"compen.. 
tion Act Amendments of 1972" 
COVERAGE 
sation Act 
Amendments of 
1972. 
SEC. 2. (a) Section 2(3) of the Longshoremen's and Harbor Work-
ers' Compensation Act (44 Stat. 1424, 33 U.S.C. 902) is amended to 
read as follows: 
"(3) 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 repair-
man, shipbuilder, and shipbreaker, but such term does not include 
a master or member of a crew of any vessel, or any person engaged 
bv the master to load or unload or repair any small vessel under 
eighteen tons net." 
(b) Section 2(4) of such Act is amended bv striking out "(includ-
ing any dry dock)" and inserting in lieu thereof "(including any 
adjoining pier, wharf, dry dock, terminal, building way, marine rail-
way, or other adjoining area customarily used by an employer in 
loading, unloading, repairing, or building a vessel)". 
(c) Section 3(a) of such Act is amended by striking out "(includ-
ing any dry dock) and if recovery for the disability or death through 
workmen's compensation proceedings may not validly be provided by 
State law", and inserting in lieu thereof "(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)". 
Definitions, 
44 Stat. 1426. 
33 u s e 903. 
STUDENT BENEFITS 
SEC. 3. (a) Section 2 of the Longshoremen's and Harbor Workers' 
Compensation Act is amended by redesignating paragraph (19) as 
paragraph (20) and adding a new paragraph (19) as follows: 
"(19) 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 sup-
ported 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 schoolor college or university not so accredited but 
w-hose 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 
Definitions. 
1252 
PUBLIC LAW 92-576-OCT. 27, 1972 
[86 STAT. 
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 pureue a full-time course of education or training during 
the semester or other enrollment period immediately following the 
f
- 
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 Act during a period of service in the Armed 
Forces of the United States." 
52 Stat. 1164. 
(b) The last sentence of section 2(14) of such Act is amended to 
33 use 902. 
read as follows: " '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." 
TIME FOR COMMENCEMENT OF COMPENSATION 
SEC. 4. Section 6(a) of the Longshoremen's and Harbor Workers' 
70 Stat. 654. 
Compeusatiou Act is amended by striking out "more than twenty-eight 
33 use 906. 
days" and inserting in lieu thereof "more than fourteen days". 
M A X I M U M 
AND M I N I M U M 
LIMITS 
OF DISABILITY 
COMPENSATION 
AND 
ALLOWANCE 
SEC. 5. (a) Section 6 of the Longshoremen's and Harbor Workers' 
7 5 Stat. 203. 
Compeiisation Act is amended by striking out subsection (b) and 
inserting in lieu thereof the following new subsections: 
"(b)(1) Except as provided in subsection (c), compensation for 
disability shall not exceed the following percentages of the applicable 
national average M'eekly wage as determined by the Secretary under 
paragraph (3) : 
"(A) 125 per centum or $167, whichever is greater, during the 
period ending September 30,1973. 
"(B) 150 per centum during the period beginning October 1, 
, _ 
, 
1973, and ending September 30,1974. 
"(C) 175 per centum during the period beginning October 1, 
1974, and ending September 30,1975. 
"(1)) 200 per centum beginning October 1,1975. 
"(2) Compensation for total disability shall not be less than 50 per 
centum of the applicable national average weekly wage determined 
by the Secretary under paragraph (3), except that if the employee's 
Post, p. 1258. 
average weeklv wages as computed under section 10 are less than 50 
per centum of such national average weekly wage, he shall receive 
his average weekly wages as compensation for total disability. 
"(3) As soon as practicable after June 30 of each year, and in any 
event prior to October 1 of such year, the Secretary shall determine 
the national average weekly wage for the three consecutive calendar 
quarters ending June 30. Such determination shall be the applicable 
national average weekly wage for the period beginning with October 1 
of that year and ending w^ith September 30 of the next year. The 
initial determination under this paragraph shall be made as soon as 
practicable after the enactment of this subsection. 
"(c) The maximum rate of compensation for a nonappropriated 
fund instrumentality employee shall be equal to 66% per centum of 
the maximum rate of basic pay established for a Federal employee 
5 use 5332 
in grade GS-12 by section 5332 of title 5, United States Code, and 
"°'^" 
the minimum rate of compensation for such an employee shall be 
86 STAT. ] 
PUBLIC LAW 92-576-OCT. 27, 1972 
1253 
equal to 66% per centum of the minimum rate of basic pay established 
for a Federal employee in grade GS-2 by such section. 
s use 5332 
"(d) Determinations under this subsection with respect to a period "°*^' 
shall apply to employees or survivors currently receiving compensa-
tion for permanent total disability or death benefits during such 
period, as well as those newly awarded compensation during such 
period." 
(b) Section 2 of such Act as amended by this Act is further amended 
^"'^' ^' ^^^^• 
by redesignating paragraph (20) thereof as paragraph (21) and by 
inserting immediately after paragraph (19) the following: 
"(20) The term 'national average weekly wage' means the national 
"National aver-
average weeklj^ earnings of production or nonsupervisory workers on ^^gj^f.^''^^ 
private nonagricultural payrolls." 
(c) Section 8(d) of such Act is amended to read as follows: 
"
*
"
* s^^t. 1429. 
"(d) (1) If an employee who is receiving compensation for perma- 
^^ "^^ ^°^' 
nent partial disability pursuant to section 8(c)(l)-(20) dies from 
44 stat. 1427; 
causes other than the injury, the total amount of the award unpaid p
°
o
f
^
'
^
*
" ^
/
2
^
5
'
5 
at the time of death shall be payable to or for the benefit of his 
survivors, as follows: 
"(A) if the employee is survived only by a widow or widower, 
svich unpaid amount of the award shall be payable to such widow 
or widower, 
"(B) if the employee is survived only by a child or children, 
such unpaid amount of the award shall be paid to such child or 
children in equal shares, 
"(C) if the employee is survived by a widow or widower and a 
child or children, such unpaid amount of the award shall be 
payable to such survivors in equal shares, 
"(D) if there be no widow or widower and no surviving child 
or children, such unpaid amount of the award shall be paid to 
the survivors specified in section 9(d) (other than a wife, husband, 
P°^^' P- 1258. 
or child); and the amount to be paid each such survivor shall be 
determined by multiplying such unpaid amount of the award by 
the appropriate percentage specified in section 9(d), but if the 
aggregate amount to which all such survivors are entitled, as so 
determined, is less than such unpaid amount of the award, the 
excess amount shall be divided among such survivors pro rata 
according to the amount otherwise payable to each under this 
subparagraph. 
"(2) Notwithstanding any other limitation in section 9, the total 
amount of any award for permanent partial disability pursuant to 
section 8(c)(l)-(20) unpaid at time of death shall be payable in 
full in the appropriate distribution. 
"(3) If an employee who was receiving compensation for perma- 
- • H 
nent partial disability pursuant to section 8(c) (21) dies from causes 
other than the injury, his survivors shall receive death benefits as 
provided in section 9(b)-(g), except that the percentage figures 12^8^''^^'^^^^' 
therein shall be applied to the weekly compensation payable to the 
employee at the time of his death multiplied by 1.5, rather than to 
his average weekly wages. 
"(4) An award for disability may be made after the death of 
the injured employee. Except where compensation is payable under 
section 8(c) (21), if there be no survivors as prescribed in this sec-
tion, then the compensation payable under this subsection shall be 
paid to the special fund established under section 44(a) of this Act." 
(d) The first phrase of section 9 of such Act, preceding the 
first 
^^ ^sc 909. 
colon, is amended to read as follows: 
"If the injury causes death, or if the employee who sustains per-
manent total disability due to the injury thereafter dies from causes 
Post, p. 1256, 
1254 
PUBLIC LAW 92-576-OCT. 27, 1972 
[86 STAT. 
75 Stat. 203. 
33 u s e 914. 
74 Stat. 900. 
33 u s e 907. 
Physician, 
selection. 
Authorized 
physicians. 
Report. 
other than the injury, the compensation shall be known as a death 
benefit and shall be payable in the amount and to or for.the benefit 
of the persons following:" 
(e) Section 14 of such Act is amended by striking out subsection 
(m). 
MEDICAL SERVICES 
SEC. 6. (a) Section 7 of the Longshoremen's and Harbor Workers' 
Compensation Act is amended to read as follows: 
MEDICAL SERVICES AND SUPPLIES 
"SEC. 7. (a) The employer shall furnish such medical, surgical, 
and other attendance or treatment, nurse and hospital service, medi-
cine, crutches, and apparatus, for such period as the nature of the 
injury or the process of recovery may require. 
"(b) The employee shall have the right to choose an attending 
physician authorized by the Secretary to provide medical care under 
this Act as hereinafter provided. If, due to the nature of the injury, 
the employee is unable to select his physician and the nature of the 
injury requires immediate medical treatment and care, the employer 
shall select a physician for him. The Secretary shall actively supervise 
the medical care rendered to injured employees, shall require periodic 
reports as to the medical care being rendered to injured employees, 
shall have authority to determine the necessity, character, and suffi-
ciency of any medical aid furnished or to be furnished, and may, 
on his own initiative or at the request of the employer, order a change 
of physicians or hospitals when in his judgment such change is desir-
able or necessary in the interest of the employee. Change of physicians 
at the request of employees shall be permitted in accordance with 
regulations of the Secretary. 
"(c) The Secretary may designate the physicians who are author-
ized to render medical care under the Act. The names of physicians 
so designated in the community shall be made available to employees 
through posting or in such other form as the Secretary may prescribe. 
"(d) An employee shall not be entitled to recover any amount 
expended by him for medical or other treatment or services unless he 
shall have requested the employer to furnish such treatment or services, 
or to authorize provision of medical or surgical services by the phys-
ician selected by the employee, and the employer shall have refused 
or neglected to do so, or unless the nature of the injury required such 
treatment and services and the employer or his superintendent or 
foreman having knowledge of such injury shall have neglected to 
provide or authorize the same; nor shall any claim for medical or 
surgical treatment be valid and enforceable, as against such employer, 
unless within ten days following the first treatment the physician 
giving such treatment furnish to the employer and the Secretary a 
report of such injury and treatment, on a form prescribed by the Sec-
retary. The Secretary may, however, excuse the failure to furnish such 
report within ten days when he finds it to be in the interest of justice to 
do so, and he may, upon application by a party in interest, make an 
award for the reasonable value of such medical or surgical treatment 
so obtained by the employee. If at any time the employee unreason-
ably refuses to submit to medical or surgical treatment, or to an 
examination by a physician selected by the employer, the Secretary 
may, by order, suspend the payment of further compensation during 
such time as such refusal continues, and no compensation shall be 
paid at any time during the period of such suspension, unless the 
circumstances justified the refusal. 
, 
,, , 
86 STAT.] 
PUBLIC LAW 92-576-OCT. 27, 1972 
1255 
"(e) In the event that medical questions are raised in any case, the 
Secretary shall have the power to cause the employee to be examined 
by a physician employed or selected by the Secretary and to obtain 
from such physician a report containing his estimate of the employee's 
physical impairment and such other information as may be appropri-
ate. Any party who is dissatisfied with such report may request a 
review or reexamination of the employee by one or more different phy-
sicians employed or selected by the Secretary. The Secretary shall 
order such review or reexamination unless he finds that it is clearly 
unwarranted. Such review or reexamination shall be completed within 
two weeks from the date ordered unless the Secretary finds that because 
of extraordinary circumstances a longer period is required. The Secre-
tary shall have the power in his discretion to charge the cost of exami-
nation or review under this subsection to the employer, if he is a 
self-insurer, or to the insurance company which is carrying the risk, 
in appropriate cases, or to the special fund in section 44. 
"(f) An employee shall submit to a physical examination under 
subsection (e) at such place as the Secretary may require. The place, 
or places, shall be designated by the Secretary and shall be reasonably 
convenient for the employee. No physician selected by the employer, 
carrier, or employee shall be present at or participate in any manner 
in such examination, nor shall conclusions of such physicians as to the 
nature or extent of impairment or the cause of impairment be available 
to the examining physician unless otherwise ordered, for good cause, 
by the Secretary. Such employer or carrier shall, upon request, be 
entitled to have the employee examined immediately thereafter and 
upon the same premises by a qualified physician or physicians in the 
presence of such physician as the employee may select, if any. Pro-
ceedings shall be suspended and no compensation shall be payable for 
any period during w^hich the employee may refuse to submit to 
examination. 
"(g) All fees and other charges for medical examinations, treat-
ment, or service shall be limited to such charges as prevail in the 
community for such treatment, and shall be subject to regulation by 
the Secretary. The Secretary shall issue regulations limiting the 
nature and extent of medical expenses chargeable against the employer 
without authorization by the employer or the Secretary. 
"(h) The liability of an employer for medical treatment as herein 
provided shall not be affected by the fact that his employee was 
injured through the fault or negligence of a third party not in the same 
employ, or that suit has been brought against such third party. The 
employer shall, however, have a cause of action against such third 
party to recover any amounts paid by him for such medical treat-
ment in like manner as provided in section 33 (b) of this Act. 
"(i) Unless the parties to the claim agree, the Secretary shall not 
employ or select any physician for the purpose of making exami-
nations or reviews under subsection (e) of this section who, during 
such employment, or during the period of two years prior to such 
employment, has been employed by, or accepted or participated in 
any fee relating to a workmen's compensation claim from any insurance 
carrier or any self-insurer." 
Physical 
examination. 
Review. 
Post, p. 1256. 
Regulations. 
Third party 
liability. 
Post, p. 1262. 
DISFIGUREMENTS 
SEC. 7. Section 8(c) (20) of the Longshoremen's and Harbor Work-
ers' Compensation Act is amended to read as follows: 
"(20) Disfigurement: Proper and equitable compensation not to 
exceed $3,500 shall be awarded for serious disfigurement of the face, 
head, or neck or of other normally exposed areas likely to handicap the 
employee in securing or maintaining employment." 
44 Stat. 1428. 
33 u s e 908. 
1256 
PUBLIC LAW 92-576-OCT. 27, 1972 
[86 STAT. 
SPECIAL FUND 
44 Stat. 1444; 
70 Stat. 656. 
33 u s e 944. 
Payments. 
Records, 
availability; in-
vestigations. 
Record-
keeping. 
38 Stat. 7 22. 
Appropriation. 
Repayment. 
SEC, 8. (a) Section 44(a) of the Longshoremen's and Harbor Work-
ers' Compensation Act is amended by adding a period after the word 
"fund" in the first sentence thereof and deleting the remainder of the 
sentence. 
(b) Section 44 of such Act is further amended by redesignating 
subsections (d), (e), (f), and (g) as (f), (g), (h), and (i), respec-
tively and by striking out subsection (c) and inserting in lieu thereof 
the following: 
"(c) Payments into such fund shall be made as follows: 
"(1) Whenever the Secretary determines that there is no person 
entitled under this Act to compensation for the death of an employee 
which would otherwise be compensable under this Act, the appro-
priate employer shall pay $5,000 as compensation for the death of 
such an employee. 
"(2) At the beginning of each calendar year the Secretary shall 
estimate the probable expenses of the fund during that calendar year 
and each carrier or self-insurer shall make payments into the fund 
on a prorated assessment by the Secretary in the proportion that the 
total compensation and medical payments made on risks covered by 
this Act by each carrier and self-insurer bears to the total of such pay-
ments made by all carriers and self-insurers under the Act in the prior 
calendar year in accordance with a formula and schedule to be 
determined from time to time by the Secretary to maintain adequate 
reserves in the fund. 
" (3) All amounts collected as fines and penalties under the provisions 
of this Act shall be paid into such fund. 
"(d) (1) For the purpose of making rules, regulations, and deter-
minations under this section under and for providing enforcement 
thereof, the Secretary may investigate and gather appropriate data 
from each carrier and self-insurer. For that purpose, the Secretary 
may enter and inspect such places and records (and make such tran-
scriptions thereof), question such employees, and investigate such 
facts, conditions, practices, or matters as he may deem necessary or 
appropriate. 
"(2) Each carrier and self-insurer shall make, keep, and preserve 
such records, and make such reports and provide such additional 
information, as prescribed by regulation or order of the Secretary, 
as the Secretary deems necessary or appropriate to carry out his 
responsibilities under this section. 
"(3) For the purpose of any hearing or investigation related to 
determinations or the enforcement of the provisions of this section, 
the provisions of sections 9 and 10 (relating to the attendance of 
witnesses and the production of books, papers, and documents) of 
the Federal Trade Commission Act of September 16,1914, as amended 
(U.S.C., title 15, sees. 49 and 50), are hereby made applicable to the 
Jurisdiction, powers, and duties of the Secretary of Labor. 
"(e) There is hereby authorized to be appropriated to the Secretary 
the sum of $2,000,000 which the Secretary shall immediately deposit 
into the fund. Upon deposit in the fund such moneys shall be treated 
as the property of such fund. This sum, without additional payments 
for intei-est, shall be repaid from the money or property belonging to 
the fund on a schedule of repayment set by the Secretary: Provided^ 
That full i-epayment must be made no later than five years from the 
date of deposit into the fund. Each such repayment, as made, shall 
be covered into the Treasury of the LTnited States as miscellaneous 
receipts." 
(d) Section 44 of such Act is further amended by adding the follow-
ing new subsections (j) and (k) : 
86 STAT. ] 
PUBLIC LAW 92-576-OCT. 27, 1972 
12iS7 
"(j) The proceeds of this fund shall be avaihible for payments: 
"(1) jPursuant to section 10 and 11 Avith respect to initial and 
subsequent annual adjustments in compensation for total perma-
nent disability or death which occurred prior to the effective 
date of this subsection. 
"(2) Under section 8 (f) and (g), under section 18(b), and 
under section 39 (c). 
"(3) To repay the sums deposited in the fund pursuant to 
subsection (d). 
" (4) To defray the expense of making examinations as provided 
in section 7. 
"(k) At the close of each fiscal year the Secretary shall submit to 
the Congress a complete audit of the fund." 
44 Stat. 1431; 
6 2 Stat. 603. 
33 u s e 910,911. 
70 Stat. 655, 
656. 
33 u s e 908,913, 
939, 
Ante, 
p. 
Audit. 
1254. 
I N J U R Y FOLLOWING PREVIOUS 
I M P A I R M E N T 
SEC. 9. (a) Section 8(f)(1) of the Longshoremen's and Harbor 
Workers' Compensation Act is amended to read as follows: "(1) In 
any case in which an employee having an existing permanent partial 
disability suffers injury, the employer shall provide compensation 
for such disability as is found to be attributable to that injury based 
upon the average weekly wages of the employee at the time of the 
injury. If following an injury falling within the provisions of section 
8(c) (1)-(20), the employee is totally and permanently disabled, and 
the disability is found not to be due solely to that injury, the employer 
shall provide compensation for the applicable prescribed period of 
weeks provided for in that section for the subsequent injury, or for one 
hundred and four weeks, whichever is the greater. In all other cases 
of total permanent disability or of death, found not to be due solely 
to that injury, of an employee having an existing permanent partial 
disability, the employer shall provide in addition to compensation 
under paragraphs (b) and (e) of this section, compensation payments 
or death benefits for one hundred and four weeks only. If following 
an injury falling within the provisions of 8(c) (l)-(20), the employee 
has a permanent partial disability and the disability is found not to 
be due solely to that injury, and such disability is materially and 
substantially greater than that which would have resulted from the 
subsequent injury alone, the employer shall provide compensation for 
the applicable period of weeks provided for in that section for the 
subsequent injury, or for one hundred and four weeks, whichever 
is the greater. 
"In all other cases in which the employee has a permanent partial 
disability, found not to be due solely to that injury, and such dis-
ability is materially and substantially greater than that which would 
have resulted from the subsequent injury alone, the employer shall 
provide in addition to compensation under paragraphs (b) and (e) 
of this section, compensation for one hundred and four weeks only. 
(2) After cessation of the payments for the period of weeks pro-
vided for herein, the employee or his survivor entitled to benefits shall 
be paid the remainder of the compensation that would be due out of 
the special fund established in section 44." 
(b) Section 8(f) of such Act is further amended by striking out 
paragraph (2). 
DEATH BENEFITS 
SEC. 10. (a) Section 9(a) of the Act is amended by striking out 
"$400" and inserting in lieu thereof "$1,000". 
(b) Sections 9 (b) and (c) of such Act are amended by striking 
"35" and "15" wherever they appear, and substituting "50" and 
"16%" respectively. 
33 u s e 908. 
70 Stat. 655; 
Ante, 
p. 1255. 
Ante, 
p . 1256. 
62 Stat. 602. 
33 u s e 909. 
1258 
PUBLIC L
A
W 92-576-OCT. 27, 1972 
[86 STAT. 
52 Stat. 1166. 
(c) The fii'st seiiteiioe of section 9(d) of such Act is amended to 
33 use 909. 
j.pg^^ j^g follows: "If there be no surviving wife or husband or child, 
or if the amount payable to a surviving wife or husband and to chil-
dren shall be less m the aggregate than 66% per centum of the average 
wages of the deceased; then for the support of grandchildren or 
brothers and sisters, if dependent upon the deceased at the time of the 
injury, and any other persons who satisfy the definition of the term 
68A Stat. 43; 
'dependent' in section 152 of title 26 of the United States Code, but 
83 Stat. 7 22. 
^j.^ j^^^ otherwisc eligible under this section, 20 per centum of such 
wages for the support of each such person during such dependency and 
for the support of each parent, or grandparent, of the deceased if 
dependent upon him at the time of the injury, 25 per centum of such 
wages during such dependency." 
75 Stat. 203. 
((J) Sectiou 9(e) of such Act is amended to read as follows: 
"(e) In computing death benefits the average weekly wages of the 
deceased shall be considered to have been not less than the applicable 
Ante, p. 1252. 
national average weekly wage as prescribed in section 6(b) but the 
total weekly benefits shall not exceed the average weekly wages of 
the deceased." 
DETERMINATION OF PAY 
44 Stat. 1431; 
gg^^ n^ Sectiou 10 of the Act is amended by adding the following 
62 Stat. 603. 
U 
i.' 
J 
& 
& 
33 use 910. 
^i®w subsections: 
"(f) Effective October 1 of each year, the compensation or death 
benefits payable for permanent total disability or death arising out 
of injuries sustained after the date of enactment of this subsection 
shall be increased by a percentage equal to the percentage (if any) 
by which the applicable national weekly wsi^e for the period beginning 
on such October 1, as determined under section 6(b), exceeds the appli-
cable national average weekly wage, as so determined, for the period 
beginning with the preceding October 1. 
"(g) The weekly compensation after adjustment under subsection 
(f) shall be fixed at the nearest dollar. No adjustment of less than $1 
shall be made, but in no event shall compensation or death benefits 
be reduced. 
"(h) (1) Not later than ninety days after the date of enactment of 
this subsection, the compensation to which an employee or his survivor 
is entitled due to total permanent disability or death which commenced 
or occurred prior to enactment of this subsection shall be adjusted. The 
amount of such adjustment shall be determined in accordance with 
regulations of the Secretary by designating as the employee's average 
weekly wage the applicable national average weekly wage determined 
under section 6(b) and (A) computing the compensation to which 
such employee or survivor would be entitled if the disabling injury or 
death had occurred on the day following such enactment date and 
(B) subtracting therefrom the compensation to which such employee 
or survivor was entitled on such enactment date; except that no such 
employee or survivor shall receive total compensation amounting to 
less than that to which he was entitled on such enactment date. 
Notwithstanding the foregoing sentence, where such an employee or 
his survivor was awarded compensation as the result of death or 
permanent total disability at less than the maximum rate that was 
provided in this Act at the time of the injury which resulted in the 
death or disability, then his average weekly wage shall be determined 
by increasing his average weekly wage at the time of such injury by 
the percentage which the applicable national average weekly wage has 
increased between the year in w^hich the injury occurred and the first 
day of the first month following the enactment of this section. Where 
86 STAT. ] 
PUBLIC LAW 92-576-OCT. 27, 1972 
1259 
such injury occurred prior to 1947, the Secretary shall determine, on 
the basis of such economic data as he deems relevant, the amount by 
which the employee's average weekly wage shall be increased for the 
pre-1947 period. 
"(2) Fifty per centum of any additional compensation or death 
benefit paid as a result of the adjustment required by paragraphs (1) 
and (3) of this subsection shall be paid out of the special fund 
established under section 44 of this Act, and 50 per centum shall be 
paid from appropriations. 
"(3) For the purposes of subsections (f) and (g) an injury which 
resulted in permanent total disability or death which occurred prior 
to the date of enactment of this subsection shall be considered to have 
occurred on the day following such enactment date." 
Ante, p. 1256. 
TIME FOR NOTICE AND CLAIMS 
SEC. 12. (a) Section 12(a) of the Longshoremen's and Harbor 
Workers' Compensation Act is amended to read as follows: 
"SEC. 12. (a) Notice of an injury or death in respect of which 
compensation is payable under this Act shall be given within thirty 
days after the date of such injury or death, or thirty days after the 
employee or beneficiary is aware or in the exercise of reasonable 
diligence should have been aware of a relationship between the 
injury or death and the employment. Such notice shall be given (1) 
to the deputy commissioner in the compensation district in which the 
injury occurred, and (2) to the employer." 
(b) Section 13(a) of such Act is amended to read as follows: 
"SEC. 13. (a) Except as otherwise provided in this section, the 
right to compensation for disability or death under this Act shall 
be barred unless a claim therefore is filed within one year after the 
injury or death. If payment of compensation has been made without an 
award on account of such injury or death, a claim may be filed within 
one year after the date of the last payment. Such claim shall be filed 
with the deputy commissioner in the compensation district in which 
such injury or death occurred. The time for filing a claim shall not 
begin to run until the employee or beneficiary is aware, or by the 
exercise of reasonable diligence should have been aware, of the 
relationship between the injury or death and the employment." 
44 Stat. 1431. 
33 u s e 912. 
33 u s e 913. 
FEES FOR SERVICES 
SEC. 13. Section 28 of the Longshoremen's and Harbor Workers' 
Compensation Act is amended to read as follows: 
33 u s e 928. 
il FEES FOR SERVICES 
"SEC. 28. (a) If the employer or carrier declines to pay any com-
pensation on or before the thirtieth day after receiving written notice 
of a claim for compensation having been filed from the deputy com-
missioner, on the ground that there is no liability for compensation 
within the provisions of this Act, and the person seeking benefits shall 
thereafter have utilized the services of an attorney at law in the suc-
cessful prosecution of his claim, there shall be awarded, in addition to 
the award of compensation, in a compensation order, a reasonable 
attorney's fee against the employer or carrier in an amount approved 
by the deputy commissioner. Board, or court, as the case may be, which 
shall be paid directly by the employer or carrier to the attorney for 
the claimant in a lump sum after the compensation order becomes 
final. 
Attorney's fee. 
1260 
PUBLIC LAW 92-576-OCT. 27, 1972 
[86 STAT. 
44 Stat. 1432. 
33 u s e 914. 
Ante, p. 1254. 
Approval; 
payment. 
Costs, wit-
nesses' fees. 
Unapproved 
fees, solicita-
tion, penalty. 
"(b) If the employer or carrier pays or tenders payment of com-
pensation without an award pursuant to section 14(a) and (b) of 
this Act, and thereafter a controversy develops over the amount of 
additional compensation, if any, to which the employee may be entitled, 
the deputy commissioner or Board shall set the matter for an informal 
conference and following such conference the deputy commissioner oi' 
Board shall recommend in writing a disposition of the controversy. 
If the employer or carrier refuse to accept such written recommenda-
tion, within fourteen days after its receipt by them, they shall pay or 
tender to the employee in writing the additional compensation, if any, 
to which they believe the employee is entitled. If the employee refuses 
to accept such payment or tender of compensation, and thereafter 
utilizes the services of an attorney at law, and if the compensation 
thereafter awarded is greater than the amount paid or tendered by 
the employer or carrier, a reasonable attorney's fee based solely upon 
the difference between the amount awarded and the amount tendered 
or paid shall be awarded in addition to the amount of compensation. 
The foregoing sentence shall not apply if the controversy relates to 
degree or length of disability, and if the employer or carrier offers 
to submit the case for evaluation by physicians employed or selected 
by the Secretary, as authorized in section 7(e) and offers to tender 
an amount of compensation based upon the degree or length of disa-
bility found by the independent medical report at such time as an 
evaluation of disability can be made. If the claimant is successful m 
review proceedings before the Board or court in any such case an 
award may be made in favor of the claimant and against the employer 
or carrier for a reasonable attorney's fee for claimant's counsel in 
accord with the above provisions. In all other cases any claim for 
legal services shall not be assessed against the employer or carrier. 
"(c) In all cases fees for attorneys representing the claimant shall 
be approved in the manner herein provided. If any proceedmgs are 
had before the Board or any court for review of any action, award, 
order, or decision, the Board or court may approve an attorney's fee 
for the work done before it by the attorney for the claimant. An 
approved attorney's fee, in cases in which the obligation to pay the fee 
is upon the claimant, may be made a lien upon the compensation due 
under an award; and the deputy commissioner. Board, or court shall 
fix in the award approving the fee, such lien and manner of pay-
ment. 
"(d) In cases where an attorney's fee is awarded against an 
employer or carrier there may be further assessed against such 
employer or carrier as costs, fees and mileage for necessary witnesses 
attending the hearing at the instance of claimant. Both the necessity for 
the witness and the reasonableness of the fees of expert witnesses must 
be approved by the hearing officer, the Board, or the court, as the 
case may be. The amounts awarded against an employer or carrier 
as attorney's fees, costs, fees and mileage for witnesses shall not in 
any respect affect or diminish the compensation payable under this Act. 
"(e) Any person who receives any fees, other consideration, or any 
gratuity on account of services rendered as a representative of a 
claimant, unless such consideration or gratuity is approved by 
the deputy commissioner. Board, or court, or who makes it a business 
to solicit employment for a lawyer, or for himself in respect of any 
claim or award for compensation, shall upon conviction thereof, for 
each offense be punished by a fine of not more than $1,000 or by 
imprisonment for not more than one year, or by both such fine and 
imprisonment." , i, :
^ .,, 
,, 
,-• .,. . 
z./. 
86 STAT.] 
PUBLIC LAW 92-576-OCT. 27, 1972 
1261 
HEARING PROCEDURE 
SEC. 14. Section 19(d) of the Longshoremen's and Harbor Work-
ers' Compensation Act is amended to read as follows: 
"(d) Notwithstanding any other provisions of this Act, any hear-
ing held under this Act shall be conducted in accordance with the 
provisions of section 554 of title 5 of the United States Code. Any 
such hearing shall ]je conducted by a hearing examiner qualified under 
section 8105 of that title. All powers, duties, and responsibilities 
vested by this Act, on the date of enactment of the Longshoremen's 
and Harbor Workers' Compensation Act Amendments of 1972, in 
the deputy commissioners with respect to such hearings shall be vested 
in such hearing examiners." 
44 Stat. 1435. 
33 u s e 919. 
80 Stat. 384. 
80 Stat. 428. 
REVIEW BOARD 
SEC. 15. (a) Section 21(b) of the Longshoremen's and Harbor Work-
ers' Compensation Act is amended to read as follows: 
"(b) (1) There is hereby established a Benefits Review Board which 
shall be composed of three members appointed by the Secretary from 
among individuals who are especially qualified to serve on such 
Board. The Secretary shall designate one of the members of the 
Board to serve as chairman." 
"(2) For the purpose of carrying out its functions under this Act, 
two members of the Board shall constitute a quorum and official 
action can be taken only on the affirmative vote of at least two members. 
"(8) The Board shall be authorized to hear and determine appeals 
raising a substantial question of law or fact taken by any party in 
interest from decisions with respect to claims of employees under this 
Act and the extensions thereof. The Board's orders shall be based upon 
the hearing record. The findings of fact in the decision under review 
by the Board shall be conclusive if supported by substantial evidence 
in the lecord considered as a whole. The payment of the amounts 
required by an award shall not be stayed pending final decision in 
any such proceeding unless ordered by the Board. No stay shall be 
issued unless irreparable injury would otherwise ensue to the employer 
or carrier. 
"(4) The Board may, on its own motion or at the request of the 
Secretary, remand a case to the hearing examiner for further appro-
priate action. The consent of the parties in interest shall not be a 
prerequisite to a remand by the Board. 
"(c) Any pei-son adversely affected or aggrieved by a final order 
of the Board may obtain a review of that order in the United States 
court of appeals for the circuit in which the injury occurred, by filing 
in such court within sixty days following the issuance of such Board 
order a written petition praying that the order be modified or set 
aside. A copy of such petition shall be forthwith transmitted by the 
clerk of the court, to the Board, and to the other parties, and there-
upon the Board shall file in the court the record in the proceedings as 
provided in section 2112 of title 28, United States Code. Upon such 
filing, the court shall have jurisdiction of the proceeding and shall 
have the power to give a decree affirming, modifying, or setting aside, 
in whole or in part, the order of the Board and enforcing same to 
the extent that such order is affirmed or modified. The orders, writs, 
and processes of the court in such proceedings may run, be served, 
and be returnable anywhere in the United States. The payment of 
the amoimts required by an award shall not be stayed pending final 
decision in my such proceeding unless ordered by the court. No stay 
33 u s e 921. 
Establishment; 
membership. 
Authority. 
Remand, 
U.S. Court of 
Appeals, review. 
72 Stat. 941; 
80 Stat. 1323. 
1262 
PUBLIC LAW 92-576-OCT. 27, 1972 
[86 STAT. 
44 Stat. 1436. 
33 u s e 921. 
Ante, p. 1253. 
"Board-" 
52 Stat. 1167. 
33 u s e 914. 
33 u s e 923, 
927. 
73 Stat. 391. 
33 u s e 933. 
33 u s e 935. 
33 u s e 940. 
shall be issued unless irreparable injury would otherwise ensue to the 
employer or carrier. The order of the court allowing any stay shall 
contain a specific finding, based upon evidence submitted to the court 
and identified by reference thereto, that irreparable damage would 
result to the employer, and specifying the nature of the damage." 
(b) Redesignate subsections (c) and (d) of such section as (d) and 
(e), respectively. 
(c) Section 2 of such Act as amended by this Act is further amended 
by redesignating paragraph 21 as paragraph 22 and inserting after 
paragraph 20 the following new paragraph: 
"(21) The term'Board'shall mean the Benefits Review Board." 
(d) Section 14(f) of such Act is amended by striking everything 
after the words "section 21" and adding in lieu thereof the following: 
"and an order staying payment has been issued by the Board or court." 
(e) Sections 23 and 27 of such Act are each amended by adding 
"or Board" after every reference to "deputy commissioner". 
(f) Section 33(b) of such Act is amended by adding the term "or 
Board" after the term "deputy commissioner". 
(g) Section 33(e)(1)(A) of such Act is amended by adding the 
words "or Board" after the term "deputy commissioner". 
(h) Section 33(g) of such Act is amended to read as follows: 
"(g) If compromise with such third person is made by the person 
entitled to compensation or such representative of an amount less than 
the compensation to which such person or representative would be 
entitled to under this Act, the employer shall be liable for compensation 
as determined in subdivision (f) only if the written approval of such 
compromise is obtained from the employer and its insurance carrier 
by the person entitled to compensation or such representative at the 
time of or prior to such compromise on a form provided by the Secre-
tary and filed in the office of the deputy commissioner having jurisdic-
tion of such injury or death within thirty days after such compromise 
is made." 
(i) Section 35 of such Act is amended by adding the words "the 
Board, or" after the words "deputy commissioner". 
(j) Section 40(f) of such Act is amended by adding the words 
"or Board member" after the words "deputy commissioner," when-
ever they occur. 
45 Stat. 490. 
33 u s e 921a. 
APPEARANCE FOR SECRETARY OF LABOR 
SEC. 16. Section 21a of the Act is amended to read as follows: 
"SEC. 21a. Attorneys appointed by the Secretary shall represent 
the Secretary, the deputy commissioner, or the Board in any court 
proceedings under section 21 or other provisions of this Act except 
for proceedings in the Supreme Court of the United States." 
70 Stat. 656. 
33 use 939. 
CLAIMANT ASSISTANCE 
SEC. 17. (a) Section 39(c) of the Longshoremen's and Harbor 
Workers' Compensation Act is amended by redesignating subsection 
(c) as paragraph (2) of such subsection and by inserting after 
subsection (b) thereof the following paragraph: 
"(c)(1) The Secretary shall, upon request, provide persons cov-
ered by this Act with information and assistance relating to the Act's 
coverage and compensation and the procedures for obtaining such 
compensation and including assistance in processing a claim. The 
Secretary may, upon request, provide persons covered by this Act 
86 STAT. ] 
PUBLIC LAW 92-576-OCT. 27, 1972 
1263 
with legal assistance in processing a claim. The Secretary shall also 
provide employees receiving compensation information on medical, 
manpower, and vocational rehabilitation services and assist such 
employees in obtaining the best such services available." 
THIRD-PARTY LIABILITY 
SEC. 18. (a) Section 5 of the Longshoremen's and Harbor Workers' 
Compensation Act is amended to read as follows: 
44 stat, 1426, 
'- 
33 u s e 905. 
((. 
EXCLUSIVENESS OF REMEDY AND THIRD-PARTY LIABILITY 
"SEO. 5. (a) The liability of an employer prescribed in section 4 shall 
^3 use 904. 
be exclusive and in place of all other liability of such employer to 
the employee, his legal representative, husband or wife, parents, 
dependents, next of kin, and anyone otherwise entitled to recover dam-
ages from such employer at law or in admiralty on account of such 
injury or death, except that if an employer fails to secure payment 
of compensation as required by this Act, an injured employee, or 
his legal representative in case death results from the injury, may 
elect to claim compensation under the Act, or to maintain an action 
at law or in admiralty for damages on account of such injury or 
death. In such action the defendant may not plead as a defense that 
the injury was caused by the negligence of a fellow servant, or that 
the employee assumed the risk of his employment, or that the injury 
was due to the contributory negligence of the employee. 
"(b) In the event of injury to a person covered under this Act 
caused by the negligence of a vessel, then such person, or anyone other-
wise entitled to recover damages by reason thereof, may bring an action 
against such vessel as a third party in accordance with the provisions 
of section 33 of this Act, and the employer shall not be liable to the 
^"'^' P- 1262. 
vessel for such damages directly or indirectly and any agreements or 
warranties to the contrary shall be void. If such person was employed 
by the vessel to provide stevedoring services, no such action shall be 
permitted if the injury was caused by the negligence of persons engaged 
m providing stevedoring services to the vessel. If such person was 
employed by the vessel to provide ship building or repair services, no 
such action shall be permitted if the injury was caused by the negli-
gence of persons engaged in providing ship building or repair services 
to the vessel. The liability of the vessel under this subsection shall not 
be based upon the warranty of seaworthiness or a breach thereof at 
the time the injury occurred. The remedy provided in this subsection 
shall be exclusive of all other remedies against the vessel except 
remedies available under this Act." 
(b) Section 2 of such Act as amended by this Act is further amended 
'^"'®' P- ^262. 
by redesignating paragraph 22 as paragraph 23 and inserting after 
paragraph 21 the following new paragraph: 
"(22) The term 'vessel' means any vessel upon which or in connec- 
"vessei." 
tion with which anj^ person entitled to benefits under this Act suflFers 
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." 
PROHIBITION 
AGAINST 
CERTAIN 
DISCRIMINATION 
AGAINST 
EMPLOYEES 
SEC. 19. The Longshoremen's and Harbor Workers' Compensation 
Act is further amended by redesignating sections 49, 50, and 51 as 
44 stat. 1446. 
sections 50, 51, and 52, respectively, and by inserting immediately 950^ ^^^ ''*'' 
after section 48 the following new section: 
1264 
PUBLIC LAW 92-576-OCT. 27, 1972 
[86 
STAT. 
Penalty. 
Ante, p. 1256, 
52 Stat. 1165. 
33 u s e 908. 
Agreed settle-
ments, approval. 
44 Stat. 1434. 
33 u s e 915, 
916. 
52 Stat. 1167. 
33 u s e 917. 
Lien on com-
pensation. 
73 Stat. 537; 
83 Stat. 133. 
"DISCRIMINATION 
AGAINST EMPLOYEES WHO BRING 
PROCEEDINGS 
"SEC. 49. It sliall be unlawful for any employer or his duly author-
ized agent to discharge or in any other manner discriminate against 
an employee as to his employment because such employee has claimed 
or attempted to claim compensation from such employer, or because 
he has testified or is about to testify in a proceeding under this Act. 
Any employer who violates this section shall be liable to a penalty of 
not less than $100 or more than $1,000, as may be determined by the 
deputy commissioner. All such penalties shall be paid to the deputy 
commissioner for deposit in the special fund as described in section 
44, and if not paid may be recovered in a civil action brouglit in the 
appropriate L^nited States district court. Any employee so discrim-
inated against shall be restored to his employment and shall be 
compensated by his employer for any loss of wages arising out of 
such discrimination: Provided, That if such employee shall cease to 
be qualified to perform the duties of his employment, he shall not be 
entitled to such restoration and compensation. The employer alone 
and not his carrier shall be liable for such penalties and payments. 
Any provision in an insurance policy undertaking to relieve the 
employer from the liability for such penalties and payments shall be 
void." 
MISCELLANEOUS PROVISIONS 
SEC. 20. (a) Section 8(i) of the Longshoremen's and Harbor Work-
ers' Compensation Act is amended to read as follows: 
"(i),(A) Whenever the deputy commissioner determines that is 
is for the best interests of an injured employee entitled to compensa-
tion, he may approve agreed settlements of the interested parties, 
discharging the liability of the employer for such compensation, not-
withstanding the provisions of section 15(b) and section 16 of this act: 
Provided, That if the employee should die from causes other than 
the injury after the deputy commissioner has approved an agreed 
settlement as provided for herein, the sum so approved shall be pay-
able, in the manner prescribed in this subsection, to and for the 
benefit of the pei-sons enumerated in subsection (d) of this section. 
"(B) Whenever the Secretary determines that it is for the best 
interests of the injured employee entitled to medical benefits, he may 
approve agreed settlements of the interested parties, discharging the 
liability of the employer for such medical benefits, notwithstanding 
the provisions of section 16 of this act: Provided, That if the employee 
should die from causes other than the injury after the Secretary has 
approved an agreed settlement as provided for herein, the sum so 
approved shall be payable, in the manner prescribed in this sub-
division, to and for the benefit of the persons enumerated in subdivision 
(d) of this section." 
(b) Section 17 of such Act is amended by inserting " ( a ) " immedi-
ately after thp section designation and by adding at the end thereof 
the following new subsection: 
"(b) Where a trust fund which complies with section 302(c) of the 
Labor-Management Relations Act of 1947 (29 U.S.C. 186(c)) estab-
lished pursuant to a collective-bararaining agreement in effect between 
an employer and an employee entitled to compensation under this Act 
has paid disability benefits to an employee which the employee is 
legally obligated to repay bv reason of his entitlement to compen-
sation under this Act, the Secretary may authorize a lien on such 
compensation in favor of the trust fund for the amount of such 
payments." 
86 
STAT.] 
PUBLIC LAW 92-577-OCT. 27, 1972 
126J 
(c) (1) Section 2 of the Longshoremen's and Harbor Workers' Com-
pensation Act as amended by this Act is further amended by striking 
out subsections (16) and (17) and inserting in lieu thereof the follow-
ing new subsection (16) and by redesignating subsections 2 (18), (19), 
(20), (21), (22), and (23) as 2 (17), (18), (19), (20), (21), and (22), 
respectively. 
"(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." 
(2) Section 9 of the Longshoremen's and Harbor Workers' Com-
pensation Act, as amended by this Act, is further amended by striking 
the phrase "surviving wife or dependent husband" each time it appears 
and inserting in lieu thereof the phrase "widow or widower". 
(3) The amendments made by this subsection shall apply only with 
respect to deaths or injuries occurring after the enactment of this Act. 
44 Stat. 1424; 
Ante, pp. 1251, 
1253, 1262, 1263. 
"Widow or 
widower." 
Ante, pp. 1253, 
1257. 
TECHNICAL 
AMENDMENT 
SEC. 21. Section 3(a)(1) of the Longshoremen's and Harbor Work-
ers' Compensation Act is amended by striking out the word "nor" and 
inserting in lieu thereof the word "or". 
44 Stat. 1426. 
33 u s e 903. 
EFFECTIVE DATE 
SEC. 22. The amendments made by this Act shall become effective 
thirty days after the date of enactment of this Act. 
Approved October 27, 1972. • 
Public Law 92-577 
AN ACT 
To authorize the Secretary of the Interior to engage in feasibility investigations 
of certain potential water resource developments. 
October 27, 1972 
[S. 39591 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary 
of the Interior is hereby authorized to engage in feasibility studies 
of the following potential water resource developments: 
1. Cache Creek project in Comanche, Cotton, Tillman, Jackson, 
and Kiowa Counties in southwestern Oklahoma. 
2. Garrison diversion unit, M&I water facilities, Pick-Sloan Mis-
souri Basin program, in central North Dakota. 
3. Oahe unit, M&I water facilities, Pick-Sloan Missouri Basin pro-
gram in east-central South Dakota. 
4. Ventura County Water Management project, California. 
5. Tucumcari project in San Miguel County in east-central New 
Mexico. 
6. Uncompahgre project improvement in Montrose and Delta Coun-
ties in the vicinity of Montrose and Delta, Colorado. 
7. Dominquez Eeservoir project in Mesa and Delta Counties, 
Colorado. 
8. Lower James-Fort Randall water diversion proposal of the Pick-
Sloan Missouri River Basin program. South Dakota. 
9. Three Forks Division, Pick-Sloan Missouri Basin program, in 
Gallatin and Madison Counties, northwest Montana. 
Approved October 27, 1972. • 
Water resource 
developments. 
Feasibility 
studies.