degree of loss of vision or hearing under this schedule is deter mined without regard to correction. (20) In case of loss of use of more than one member or part of more than one member as enumerated by this schedule, th compensation is for loss of use of each member or part thereof and the awards run consecutively. However, when the injur affects only two or more digits of the same hand or foot, paragrap (17) of this subsection applies, and when partial bilateral los of hearing is involved, compensation is computed on the loss a affecting both ears. (21) For serious disfigurement of the face, head, or neck o a character likely to handicap an individual in securing or main taining employment, proper and equitable compensation not t exceed $3,500 shall be awarded in addition to any other compensa tion payable under this schedule. (22) For permanent loss or loss of use of any other importan external or internal organ of the body as determined by the Secre tary, proper and equitable compensation not to exceed 312 weeks compensation for each organ so determined shall be paid in addi tion to any other compensation payable under this schedule. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 536, amended, Pub. L. 90-83 § 1(50), Sept. 11, 1971, 81 Stat. 210; Pub. L. 93-416, §§ 4, 5, Sept. 1974, 88 Stat. 1144-45.) § 8108. Reduction of compensation for subsequent injury to sam member The period of compensation payable under the schedule in sectio 8107 (c) of this title is reduced by the period of compensation paid o payable under the schedule for an earlier injury if (1) compensation in both cases is for disability of the san member or function or different parts of the same member o function or for disfigurement; and (2) the Secretary of Labor finds that compensation payab for the later disability in whole or in part would duplicate th compensation payable for the preexisting disability. In such a case, compensation for disability continuing after the sched uled period starts on expiration of that period as reduced under th section. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 538, amended Pub. I 90-83, § 1(51), Sept. 11, 1967, 81 Stat. 210.) § 8109. Beneficiaries of awards unpaid at death; order of prec dence (a) If an individual (1) has sustained disability compensable under section 8107 (a of this title: (2) has filed a valid claim in his lifetime; and (3) dies from a cause other than the injury before the end the period specified by the schedule; the compensation specified by the schedule that is unpaid at his deat whether or not accrued or due at his death, shall be paid (A) under an award made before or after the death; (C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and (D) in the following order of precedence: (i) If there is no child, to the widow or widower. (ii) If there are both a widow or widower and a child or children, one-half to the widow or widower and one-half to the child or children. (iii) If there is no widow or widower, to the child or children. (iv) If there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by section 8133 (a) (5) of this title, or to both in proportions provided by regulation. (v) If there is no survivor in the above classes and no burial allowance is payable under section 8134 of this title, an amount not exceeding that which would be expendable under section 8134 of this title if applicable shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he has paid the burial expenses, but a compensated insurer or other person obligated by law or contract to pay the burial expenses or a State or political subdivision or entity is deemed not equitably entitled. (b) Payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent disability specified by section 8107(a) of this title even if at the time of death the individual was entitled to the augmented rate specified by section 8110 of this title. (c) A surviving beneficiary under subsection (a) of this section, except one under subsection (a) (D) (v), does not have a vested right to payment and must be alive to receive payment. (d) A beneficiary under subsection (a) of this section, except one under subsection (a) (D) (v), ceases to be entitled to payment on the happening of an event which would terminate his right to compensation for death under section 8133 of this title. When that entitlement ceases, compensation remaining unpaid under subsection (a) of this section is payable to the surviving beneficiary in accordance with subsection (a) of this section. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 538, amended Pub. L. 90-83, § 1 (52), Sept. 11, 1967, 81 Stat. 210.) § 8110. Augmented compensation for dependents (a) For the purpose of this section, "dependent" means— (1) a wife, if— (A) she is a member of the same household as the employee; (B) she is receiving regular contributions from the employee for her support; or (C) the employee has been ordered by a court to contribute to her support; (2) a husband, if— or (A) he is a member of the same household as the employee; (B) he is receiving regular contributions from the employee for his support; or (C) the employee has been ordered by a court to contribute to his support; (3) an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is (A) under 18 years of age; or (B) over 18 years of age and incapable of self-support because of physical or mental disability; and (4) a parent, while wholly dependent on and supported by the employee. Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries. (b) A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented (1) at the rate of 813 percent of his monthly pay if that compensation is payable under section 8105 or 8107(a) of this title; and (2) at the rate of 81 percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under section 8106 (a) of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 539, amended Pub. L. 90-83, § 1(53), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, § 6, Sept. 7, 1974, 88 Stat. 1145.) § 8111. Additional compensation for services of attendants or vocational rehabilitation (a) The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $500 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require constant attendance. (b) The Secretary may pay an individual undergoing vocational rehabilitation under section 8104 of this title additional compensation necessary for his maintenance, but not to exceed $200 a month. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 539, amended Pub. L. 90-83, § 1(54), Sept. 11, 1967, 81 Stat. 210; Pub L. 93-416, § 7, Sept. 7, 1974, 88 Stat. 1145.) § 8112. Maximum and minimum monthly payments Except as provided by section 8138 of this title, the monthly rate of compensation for disability, including augmented compensation under section 8110 of this title but not including additional compensation under section 8111 of this title, may not be more than 75 percent of the monthly pay of the maximum rate of basic pay for GS-15, and in case of total disability may not be less than 75 percent of the monthly pay of the minimum rate of basic pay for GS-2 or the amount of the monthly pay of the employee, whichever is less. (Pub. L. 89-554 Sept. 6, 1966, 80 Stat. 540, amended Pub. L. 90-83, § 1(55), Sept. 11, 1967, 81 Stat. 210.) 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 wageearning 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, amended Pub L. 90-83, § 1(100), Sept. 11, 1967, 81 Stat. 220; Pub. L. 93-416, § 8, Sept. 7, 1974, 88 Stat. 1145.) 88114. Computation of pay (a) For the purpose of this section (1) "overtime pay" means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and (2) "year" means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Secretary of Labor. (b) In computing monetary compensation for disability or death. on the basis of monthly pay, that pay is determined under this section. (c) The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, in the discretion of the Secretary of Labor, may be computed on the basis of the actual daily wage of employee at the time of injury in which event he may be paid compensation for the days he would have worked but for the injury. (d) Average annual earnings are determined as follows: (1) If the employee worked in the employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay (A) was fixed, the average annual earnings are the annual rate of pay; or (B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 52-day week, and 260 if employed on the basis of a 5-day week. (2) If the employee did not work in employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment by the United States in the same or· neighboring place, as determined under paragraph (1) of this subsection. (3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he was working at the time of the injury having regard to the previous earnings of the employee in Federal employment, and of other employees of the United States in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee, or other relevant factors. However, the average annual earnings may not be less than 150 times the. average daily wage the employee earned in the employment during the days employed within 1 year immediately preceding his injury. (4) If the employee served without pay or at nominal pay. paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the employee may not exceed the minimum rate of basic pay for GS-15. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year (e) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, and premium pay under section 5545 (c) (1) of this title are included as part of the pay, but account is not taken of (1) overtime pay; (2) additional pay or allowance authorized outside the United States because of differential in cost of living or other specia circumstances; or |