U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 81— COMPENSATION FOR WORK INJURIES › Subchapter SUBCHAPTER I— GENERALLY

5 U.S.C. § 8106

Partial disability

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(a) If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.(b) The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—(1) fails to make an affidavit or report when required; or(2) knowingly omits or understates any part of his earnings;forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129 of this title, unless recovery is waived under that section.(c) A partially disabled employee who—(1) refuses to seek suitable work; or(2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;is not entitled to compensation.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 536.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 754.

Sept. 7, 1916, ch. 458, § 4, 39 Stat. 743.

 

 

Oct. 14, 1949, ch. 691, § 103(a), 63 Stat. 855.

In subsection (a), the words “Except as otherwise provided in sections 751–756, 757–781, 783–791, and 793 of this title” are omitted as surplusage.

In subsection (b), the word “remuneration” is omitted as covered by the word “earnings”.

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.

Notes of Decisions
Cited in 39 cases (1 in the last 5 years), 1983–2024 · leading case: Jessie v. Potter, 516 F.3d 709 (8th Cir. 2008).
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Jessie v. Potter, 516 F.3d 709 (8th Cir. 2008). “5 U.S.C. § 8106 (c)(2). On February 2, 2000, the Postal Service offered Jessie a position as a modified letter carrier.”
Deonne R. New v. Dep't of Vets. Affairs, 142 F.3d 1259 (Fed. Cir. 1998). · cites it 3× “See 5 U.S.C. § 8106 (c)(1). The OWCP further found that Ms.”
Marjorie A. Meester v. Marvin T. Runyon, Postmaster Gen., United States Postal Serv., 149 F.3d 855 (8th Cir. 1998). · cites it 2× “” 5 U.S.C. § 8106 (c). The Department, acting pursuant to that authority, reviewed the alternative position proposed by the Postal Service and concluded it was within Meester’s abilities.”
United States v. Prentice Harold Dawkins, 202 F.3d 711 (4th Cir. 2000). “” 5 U.S.C.A. § 8106 (b) (West 1996). The statute concerning total disability benefits, in contrast, does not include similar language, or indeed any language implying an ongoing reporting requirement.”
United States v. Arcadipane, 41 F.3d 1 (1st Cir. 1994). “5 U.S.C. § 8106 (b) (1988). 5 . One proposed instruction dealt with generic good faith in completing the forms.”
United States v. Leo J. Dorey, Jr., 711 F.2d 125 (9th Cir. 1983). · cites it 3× “” We must reverse the judgment because the government failed to prove that Dorey was required to file a report under 5 U.S.C. § 8106 , as charged in the indictment.”
United States v. Frank De Rosa, 783 F.2d 1401 (9th Cir. 1986). “§ 1001 by falsely making a report required by 5 U.S.C. § 8106 . Holding that section 8106 did not apply to temporarily totally disabled persons, this court concluded that the government could not establish as a matter of law that Dorey was in fact required to report under…”
Velazquez-Rivera v. Danzig, 234 F.3d 790 (1st Cir. 2000). “See 5 U.S.C. § 8106 (c)(2) (“A partially disabled employee who .”
Bruce A. Bracey v. Off. of Pers. Mgmt., 236 F.3d 1356 (Fed. Cir. 2001). “See 5 U.S.C. § 8106 (c)(2); 20 C.F.R. § 10.515 (b).”
Nurriddin v. Acosta, 327 F. Supp. 3d 147 (D.C. Cir. 2018). “517 (a) ); accord 5 U.S.C. § 8106 (c). OWCP may also suspend or terminate compensation where a claimant "refuses to submit to," or "obstructs" a medical examination.”
Taylor v. Garrett, 820 F. Supp. 933 (E.D. Pa. 1993). “See 5 U.S.C. § 8106 (c); 20 C.F.R. § 10.124 (c), (e).”
Taylor v. Sec'y of the Navy, 852 F. Supp. 343 (E.D. Pa. 1994). · cites it 2× “5 The Secretary’s role in determining the suitability of offers of reemployment arises under 5 U.S.C. § 8106 (c)(2), which provides that a partially disabled employee who refuses or neglects to work after suitable work is offered to him is not entitled to compensation.”
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