§ 902. Definitions

2,621 words·~12 min read·/usc/title-33/section-902

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

When used in this chapter—

(1)The term “person” means individual, partnership, corporation, or association.

(2)The term “injury” means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment.

(3)The term “employee” means any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, but such term does not include—

(A)individuals employed exclusively to perform office clerical, secretarial, security, or data processing work;

(B)individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;

(C)individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance);

(D)individuals who

(i)are employed by suppliers, transporters, or vendors,

(ii)are temporarily doing business on the premises of an employer described in paragraph (4), and

(iii)are not engaged in work normally performed by employees of that employer under this chapter;

(E)aquaculture workers;

(F)individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;

(G)a master or member of a crew of any vessel; or

(H)any person engaged by a master to load or unload or repair any small vessel under eighteen tons net;

if individuals described in clauses

(A)through

(F)are subject to coverage under a State workers’ compensation law.

(4)The term “employer” means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel).

(5)The term “carrier” means any person or fund authorized under section 932 of this title to insure under this chapter and includes self-insurers.

(6)The term “Secretary” means the Secretary of Labor.

(7)The term “deputy commissioner” means the deputy commissioner having jurisdiction in respect of an injury or death.

(8)The term “State” includes a Territory and the District of Columbia.

(9)The term “United States” when used in a geographical sense means the several States and Territories and the District of Columbia, including the territorial waters thereof.

(10)“Disability” means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title.

(11)“Death” as a basis for a right to compensation means only death resulting from an injury.

(12)“Compensation” means the money allowance payable to an employee or to his dependents as provided for in this chapter, and includes funeral benefits provided therein.

(13)The term “wages” means the money rate at which the service rendered by an employee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the employer and included for purposes of any withholding of tax under subtitle C of title 26 (relating to employment taxes). The term wages does not include fringe benefits, including (but not limited to) employer payments for or contributions to a retirement, pension, health and welfare, life insurance, training, social security or other employee or dependent benefit plan for the employee’s or dependent’s benefit, or any other employee’s dependent entitlement.

(14)“Child” shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in loco parentis for at least one year prior to the time of injury, and a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. “Grandchild” means a child as above defined of a child as above defined. “Brother” and “sister” includes stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. “Child”, “grandchild”, “brother”, and “sister” include only a person who is under eighteen years of age, or who, though eighteen years of age or over, is

(1)wholly dependent upon the employee and incapable of self-support by reason of mental or physical disability, or

(2)a student as defined in paragraph

(19)of this section.

(15)The term “parent” includes step-parents and parents by adoption, parents-in-law, and any person who for more than three years prior to the death of the deceased employee stood in the place of a parent to him, if dependent on the injured employee.

(16)The terms “widow or widower” includes only the decedent’s wife or husband living with or dependent for support upon him or her at the time of his or her death; or living apart for justifiable cause or by reason of his or her desertion at such time.

(17)The terms “adoption” or “adopted” mean legal adoption prior to the time of the injury.

(18)The term “student” means a person regularly pursuing a full-time course of study or training at an institution which is—

(A)a school or college or university operated or directly supported by the United States, or by any State or local government or political subdivision thereof,

(B)a school or college or university which has been accredited by a State or by a State recognized or nationally recognized accrediting agency or body.

(C)a school or college or university not so accredited but whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited, or

(D)an additional type of educational or training institution as defined by the Secretary,

but not after he reaches the age of twenty-three or has completed four years of education beyond the high school level, except that, where his twenty-third birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the end of such semester or other enrollment period. A child shall not be deemed to have ceased to be a student during any interim between school years if the interim does not exceed five months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of education or training during the semester or other enrollment period immediately following the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education.

A child shall not be deemed to be a student under this chapter during a period of service in the Armed Forces of the United States.

(19)The term “national average weekly wage” means the national average weekly earnings of production or nonsupervisory workers on private nonagricultural payrolls.

(20)The term “Board” shall mean the Benefits Review Board.

(21)Unless the context requires otherwise, the term “vessel” means any vessel upon which or in connection with which any person entitled to benefits under this chapter suffers injury or death arising out of or in the course of his employment, and said vessel’s owner, owner pro hac vice, agent, operator, charter or bare boat charterer, master, officer, or crew member.

(22)The singular includes the plural and the masculine includes the feminine and neuter.

(Mar. 4, 1927, ch. 509, § 2, 44 Stat. 1424; June 25, 1938, ch. 685, § 1, 52 Stat. 1164; Pub. L. 92–576, §§ 2(a), (b), 3, 5(b), 15(c), 18(b), 20(c)(1), Oct. 27, 1972, 86 Stat. 1251, 1253, 1262, 1263, 1265; Pub. L. 98–426, §§ 2, 5(a)(2), 27(a)(1), Sept. 28, 1984, 98 Stat. 1639, 1641, 1654; Pub. L. 111–5, div. A, title VIII, § 803, Feb. 17, 2009, 123 Stat. 187.)