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. § 8113
Increase or decrease of basic compensation
(a) If an individual—(1) was a minor or employed in a learner’s capacity at the time of injury; and(2) was not physically or mentally handicapped before the injury;the Secretary of Labor, on review under section 8128 of this title after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.(b) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under section 8104 of this title, the Secretary, on review under section 8128 of this title and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90–83, § 1(100), Sept. 11, 1967, 81 Stat. 220; Pub. L. 93–416, § 8(a), Sept. 7, 1974, 88 Stat. 1145.)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.
1967 ActThis section amends section 8113(b) of title 5, United States Code, to conform to the source statute (sec. 6(d)(1) of the Federal Employees’ Compensation Act, as amended (63 Stat. 859)).
Editorial NotesAmendments1974—Subsecs. (b), (c). Pub. L. 93–416 struck out subsec. (b) which authorized the Secretary to prospectively recompute compensation because of decreased wage earning power after age 70, aside from injury, and redesignated subsec. (c) as (b).
Statutory Notes and Related SubsidiariesEffective Date of 1974 AmendmentAmendment by Pub. L. 93–416 applicable to case where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title.
Notes of Decisions
Taylor v. United States, 92 Fed. Cl. 36 (Fed. Cl. 2010).
· cites it 4× “5 U.S.C. § 8113 (a). At the time of his injury, Mr.”
Gallucci v. Schaffer, 507 F. Supp. 2d 85 (D.D.C. 2007).
· cites it 3× “He argues that the Federal Employees Compensation Act (“FECA”), 5 U.S.C. § 8113 (“§ 8113”), entitles federal employees who are apprentices at the time of a work-related injury to be compensated as though they had progressed through the normal hierarchy of their trade.”
Gallucci v. Chao, 374 F. Supp. 2d 121 (D.D.C. 2005).
“5 U.S.C. § 8113 (a) (2000). FECA authorizes the Secretary to prescribe rules and regulations necessary for the administration and enforcement of the Act.”
Markham v. United States, 434 F.3d 1185 (9th Cir. 2006).
“The letter warned Markham that if he continued to not cooperate with the nurse without good cause, OWCP would reduce his compensation benefits to zero pursuant to 5 U.S.C. § 8113 (b) and 20 C.F.R. § 10.519 .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.