Title 5, Government Organization and EmployeesRelease 119-110

§8108 Reduction of Compensation for Subsequent Injury to Same Member

Title 5 › PART III — EMPLOYEES › Subpart G — Insurance and Annuities › CHAPTER 81 — COMPENSATION FOR WORK INJURIES › SUBCHAPTER I — GENERALLY › § 8108

Last updated Sep 22, 2026|Official source

Summary

If a later scheduled payment would overlap with an earlier scheduled payment for the same body part, the same function, different parts of the same member, or disfigurement, the time for the later payment must be cut by the time already paid or due for the earlier injury when the Secretary of Labor finds the later pay would partly or fully repeat the earlier pay. If that cut is made, any ongoing disability pay that would start after the scheduled period begins will start only when the shortened scheduled period ends.

Full Legal Text

Title 5, §8108

Government Organization and Employees, Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 755(c).Oct. 14, 1949, ch. 691, § 104 “Sec. 5(c)”, 63 Stat. 857. 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 Act Section of title 5Source (U.S.Code)Source (Statutes at Large) 81085 App.: 755(c).July 4, 1966, Pub. L. 89–488, § 2(c), 80 Stat. 252.

Statutory Notes and Related Subsidiaries

Personnel Not Affected by 1967 IncreaseIncreases 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8108

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110