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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Compensation for Disability and Death of Noncitizen Federal Employees Outside the United States |
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| Extensions of the Special Schedule of Compensation |
20 CFR 25.202 - How is the Special Schedule applied for Japanese seamen?
- Section Number: 25.202
- Section Name: How is the Special Schedule applied for Japanese seamen?
(a) The special schedule of compensation established by subpart B of
this part shall apply as of November 1, 1971, with the modifications or
additions specified in paragraphs (b) through (i) of this section, to
injuries sustained outside the continental United States or Canada by
direct-hire Japanese seamen who are neither citizens nor residents of
the United States or Canada and who are employed by the Military Sealift
Command in Japan.
(b) Temporary total disability. Weekly compensation shall be paid at
75 percent of the weekly wage rate.
(c) Temporary partial disability. Weekly compensation shall be paid
at 75 percent of the weekly loss of wage-earning capacity.
(d) Permanent total disability. Compensation shall be paid in a lump
sum equivalent to 360 weeks' wages.
(e) Permanent partial disability. (1) The provisions of Sec. 25.100
shall apply to the types of permanent partial disability listed in
paragraphs (c) (1) through (19) of that section: Provided that weekly
compensation shall be paid at 75 percent of the weekly wage rate and
that the number of weeks allowed for specified losses shall be changed
as follows:
(i) Arm lost: 312 weeks.
(ii) Leg lost: 288 weeks.
(iii) Hand lost: 244 weeks.
(iv) Foot lost: 205 weeks.
(v) Eye lost: 160 weeks.
(vi) Thumb lost: 75 weeks.
(vii) First finger lost: 46 weeks.
(viii) Second finger lost: 30 weeks.
(ix) Third finger lost: 25 weeks.
(x) Fourth finger lost: 15 weeks.
(xi) Great toe lost: 38 weeks.
(xii) Toe, other than great toe lost: 16 weeks.
(2) In all other cases, that proportion of the compensation provided
for permanent total disability in paragraph (d) of this section which is
equivalent
to the degree or percentage of physical impairment caused by the injury.
(f) Death. If there are two or more eligible survivors, compensation
equivalent to 360 weeks' wages shall be paid to the survivors, share and
share alike. If there is only one eligible survivor, compensation
equivalent to 300 weeks' wages shall be paid. The following survivors
are eligible for death benefits:
(1) Spouse who lived with or was dependent upon the employee.
(2) Unmarried children under 21 who lived with or were dependent
upon the employee.
(3) Adult children who were dependent upon the employee by reason of
physical or mental disability.
(4) Dependent parents, grandparents and grandchildren.
(g) Burial allowance. $1,000 payable to the eligible survivor(s),
regardless of actual expenses. If there are no eligible survivors,
actual expenses may be paid or reimbursed, up to $1,000.
(h) Method of payment. Only compensation for temporary disability
shall be payable periodically, as entitlement accrues. Compensation for
permanent disability and death shall be payable in a lump sum.
(i) Maxima. In all cases, the maximum weekly benefit shall be $130.
Also, except in cases of permanent total disability and death, the
aggregate maximum compensation payable for any injury shall be $40,000.
(j) Prior injury. In cases where injury or death occurred prior to
November 1, 1971, benefits will be paid in accordance with regulations
promulgated, contained in 20 CFR parts 1-399, edition revised as of
January 1, 1971.
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