(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.
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
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
This 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)).
1974—Subsecs. (b), (c). Pub. L. 93–416struck 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).
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–416applicable 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) ofPub. L. 93–416, set out as a note under section
8101 of this title.
Effective Date of 1967 Amendment
Amendment by Pub. L. 90–83effective as of Sept. 6, 1966, for all purposes, see section 9(h) ofPub. L. 90–83, set out as a note under section
5102 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.