42 U.S.C. § 1652

Computation of benefits; application to aliens and nonnationals

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(a) The minimum limit on weekly compensation for disability, established by section 906(b) of title 33, and the minimum limit on the average weekly wages on which death benefits are to be computed, established by section 909(e) of title 33, shall not apply in computing compensation and death benefits under this chapter.(b) Compensation for permanent total or permanent partial disability under section 908(c)(21) of title 33, or for death under this chapter to aliens and nonnationals of the United States not residents of the United States or Canada shall be in the same amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one year immediately prior to the date of the injury, and except that the Secretary of Labor may, at his option or upon the application of the insurance carrier shall, commute all future installments of compensation to be paid to such aliens or nonnationals of the United States by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the Secretary.(Aug. 16, 1941, ch. 357, § 2, 55 Stat. 623; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.)Editorial NotesAmendments

1984—Subsecs. (a), (b). Pub. L. 98–426 substituted references to sections of the Longshore and Harbor Workers’ Compensation Act for sections of the Longshoremen’s and Harbor Workers’ Compensation Act, which references have been translated to sections of title 33, thus requiring no change in text.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters.

Executive DocumentsTransfer of Functions

“Secretary of Labor” and “Secretary” substituted for “Federal Security Administrator” and “Administrator”, respectively, in subsec. (b), pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred functions of Federal Security Administrator to Secretary of Labor.

Previously, “Federal Security Administrator” and “Administrator” substituted for “United States Employees’ Compensation Commission” and “Commission” pursuant to Reorg. Plan No. 2 of 1946, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, which abolished United States Employees’ Compensation Commission and transferred its functions to Federal Security Administrator.

Notes of Decisions

Cited in 4 cases, 1961–2011 · leading case: Gibson v. Hughes, 192 F. Supp. 564 (S.D.N.Y. 1961).

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Gibson v. Hughes, 192 F. Supp. 564 (S.D.N.Y. 1961). “See 42 U.S.C.A. § 1652 (b). Yet Congress did not in any way circumscribe the phrase “surviving wife” so as to exclude wives recognized by the laws of their own countries.”

Boroski v. Dyncorp Int'l, 662 F.3d 1197 (11th Cir. 2011). “33 U.S.C. § 910 (g). 5 . The minimum limits prescribed in the LHWCA expressly are not applicable to claims by workers covered by the DBA rather than the Act itself, such as Boroski.”

Boroski v. DynCorp Intern., 662 F.3d 1197 (11th Cir. 2011). “[4] Section 910 further provides that compensation shall not be reduced as a result of these annual adjustments.”

Calloway v. Hanson, 295 F. Supp. 1182 (D. Haw. 1969). · cites it 3× “The sole question presented to the Court for determination is whether 42 U.S.C.A. § 1652 (b), 1 commonly referred *1184 to as the “Defense Base Act,” permits commutation of future installments of compensation to be paid to a nonresident alien dependent widow of a United States…”

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