§902 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Defines key words used in the chapter so people know who is covered and how terms are used. It gives short, plain meanings for words like person, injury, employee, employer, and others that affect benefits and claims. Person — an individual, partnership, corporation, or association. Injury — an accidental injury or death that happens while working, including work-related disease or infection and injuries caused by someone else because of the job. Employee — someone in maritime work, like longshoremen or harbor workers, but not certain workers such as office clerical, secretarial, security, or data processing staff; employees of clubs, camps, recreational operations, restaurants, museums, or retail outlets; marina workers not doing construction (except routine maintenance); outside suppliers or vendors temporarily on site who are not doing the employer’s usual work; aquaculture workers; people who build or repair recreational vessels under sixty-five feet or dismantle parts to repair them; a vessel’s master or crew member; or a person hired by a master to load, unload, or repair a small vessel under eighteen tons net. Employer — anyone who has employees doing maritime work on U.S. navigable waters or adjoining areas used for loading, unloading, repairing, or building vessels. Carrier — a person or fund authorized under section 932 to insure under this chapter, including self-insurers. Secretary — the Secretary of Labor. Deputy commissioner — the deputy commissioner with jurisdiction over the injury or death. State — includes a Territory and the District of Columbia. United States (geographical) — the States, Territories, the District of Columbia, and territorial waters. Disability — inability to earn the wages the worker got at the time of injury; for certain claims (see section 910(d)(2)) it means permanent impairment measured by the AMA guides. Death — death caused by an injury. Compensation — the money paid to an employee or dependents, including funeral benefits. Wages — the pay rate under the hiring contract at the time of injury, including the taxable value of employer-provided advantages under subtitle C of title 26, but not fringe benefits such as retirement, pension, health or life insurance, training, Social Security, or other employee/dependent benefit plans. Child — includes posthumous and legally adopted children (adoption before the injury), children for whom the employee stood in loco parentis for at least one year before the injury, stepchildren, and acknowledged illegitimate children who were dependent; excludes married children unless fully dependent; grandchild is defined similarly; brother and sister include step, half, and adoptive siblings but exclude married siblings unless fully dependent; these relations count only if under eighteen or, if eighteen or older, wholly dependent and unable to support themselves because of disability or a student as defined in paragraph (19). Parent — includes step-parents, adoptive parents, parents-in-law, and anyone who acted as a parent for more than three years before the employee’s death if dependent on the employee. Widow or widower — the spouse who lived with or depended on the decedent at death, or lived apart for just cause or because of desertion. Adoption or adopted — legal adoption before the injury. Student — a person in full-time study or training at a school, college, or training institution that is government-operated or supported, accredited, or whose credits transfer to at least three accredited schools, or another type of school the Secretary defines. National average weekly wage — the national average weekly earnings of production or nonsupervisory workers on private nonagricultural payrolls. Board — the Benefits Review Board. Vessel — any vessel tied to a work-related injury or death and includes its owner, agent, operator, charterer, master, officer, or crew. Singular and gender rules — singular words include the plural, and masculine words include feminine and neuter.

Title 33, §902

Navigation and Navigable Waters — Source: USLM XML via OLRC

When used in this chapter—

(1)The term “person” means individual, partnership, corporation, or association.

(2)The term “injury” means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment.

(3)The term “employee” means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include—

(A)individuals employed exclusively to perform office clerical, secretarial, security, or data processing work;

(B)individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;

(C)individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance);

(D)individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this chapter;

(E)aquaculture workers;

(F)individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;

(G)a master or member of a crew of any vessel; or

(H)any person engaged by a master to load or unload or repair any small vessel under eighteen tons net;

(4)The term “employer” means an employer any of whose employees are employed in maritime employment, in whole or in part, 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).

(5)The term “carrier” means any person or fund authorized under section 932 of this title to insure under this chapter and includes self-insurers.

(6)The term “Secretary” means the Secretary of Labor.

(7)The term “deputy commissioner” means the deputy commissioner having jurisdiction in respect of an injury or death.

(8)The term “State” includes a Territory and the District of Columbia.

(9)The term “United States” when used in a geographical sense means the several States and Territories and the District of Columbia, including the territorial waters thereof.

(10)“Disability” means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment; 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.

(11)“Death” as a basis for a right to compensation means only death resulting from an injury.

(12)“Compensation” means the money allowance payable to an employee or to his dependents as provided for in this chapter, and includes funeral benefits provided therein.

(13)The term “wages” means the money rate at which the service rendered by an employee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the employer and included for purposes of any withholding of tax under subtitle C of title 26 (relating to employment taxes). The term wages does not include fringe benefits, including (but not limited to) employer payments for or contributions to a retirement, pension, health and welfare, life insurance, training, social security or other employee or dependent benefit plan for the employee’s or dependent’s benefit, or any other employee’s dependent entitlement.

(14)“Child” shall include a posthumous child, a child legally adopted prior to the injury of the employee, 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 a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. “Grandchild” means a child as above defined of a child as above defined. “Brother” and “sister” includes stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. “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.

(15)The term “parent” includes step-parents and parents by adoption, parents-in-law, and any person who for more than three years prior to the death of the deceased employee stood in the place of a parent to him, if dependent on the injured employee.

(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.

(17)The terms “adoption” or “adopted” mean legal adoption prior to the time of the injury.

(18)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 supported 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 school or college or university not so accredited but whose 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,

(19)The term “national average weekly wage” means the national average weekly earnings of production or nonsupervisory workers on private nonagricultural payrolls.

(20)The term “Board” shall mean the Benefits Review Board.

(21)Unless the context requires otherwise, the term “vessel” means any vessel upon which or in connection with which any person entitled to benefits under this chapter suffers 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.

(22)The singular includes the plural and the masculine includes the feminine and neuter.

Notes & Related Subsidiaries

Editorial Notes

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

2009—Par. (3)(F). Pub. L. 111–5, § 803(2), substituted “, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;” for semicolon at end. Pub. L. 111–5, § 803(1), which directed the striking out of “, repair or dismantle”, was executed by striking out “, repair, or dismantle” after “build” to reflect the probable intent of Congress. 1984—Par. (3). Pub. L. 98–426, § 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, § 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, § 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, § 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, § 5(a)(2), substituted “Unless the context requires otherwise, the” for “The”. 1972—Par. (3). Pub. L. 92–576, § 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, § 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, § 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, § 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, § 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, §§ 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, §§ 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, §§ 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, §§ 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, §§ 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by section 2(a) and 5(a)(2) of Pub. L. 98–426 applicable with respect to any injury after Sept. 28, 1984, amendment by section 2(b) of Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending as of such date, and amendment by section 2(c) and 27(a)(1) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(a), (c), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date

of 1972 Amendment Pub. L. 92–576, § 20(c)(3), Oct. 27, 1972, 86 Stat. 1265, provided that: “The

Amendments

made by this subsection [amending this section and section 909 of this title] shall apply only with respect to deaths or injuries occurring after the enactment of this Act, [Oct. 27, 1972].” Pub. L. 92–576, § 22, Oct. 27, 1972, 86 Stat. 1265, provided that: “The

Amendments

made by this Act [see

Short Title

note set out under section 901 of this title] shall become effective thirty days after the date of enactment of this Act [Oct. 27, 1972].”

Executive Documents

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, § 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, § 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.

§902 Definitions

Summary

Title 33, §902

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Amendments

Short Title

Executive Documents

Transfer of Functions

Citations & Metadata