Federal departments and agencies, and of labor organizations representing employees. At least three members shall be representatives of such labor organizations. The members shall serve for three year terms, except that, for the first Council, one third will serve for one year and one third for two years.

(b) The Secretary, or his designee, shall serve as the Chairman of the Council, and shall prescribe such rules for the conduct of its business as he deems necessary and appropriate.

(c) The Council shall meet at the call of its Chairman. It may establish such subcommittees as it finds necessary.

(d) The Council may establish or continue field affiliates in such manner and to the extent it deems advisable to support the purposes of this Order.

ADMINISTRATIVE AND BUDGETARY ARRANGEMENTS

SEC. 4. The Secretary shall make available necessary office space and furnish the Council necessary equipment, supplies, and staff services.

EFFECT ON OTHER POWERS AND DUTIES

SEC. 5. Nothing in this Order shall be construed to impair or alter the powers and duties of the Secretary or the heads of other Federal departments and agencies pursuant to section 7902 of Title 5 of the United States Code, section 19 of the Safety Act, or any other provision of law.

TERMINATION OF EXISTING ORDER

SEC. 6. Executive Order No. 10990 of February 2, 1962, is hereby superseded.

LONGSHOREMEN'S AND HARBOR WORKERS'

COMPENSATION ACT

Act of Mar. 4, 1927, as amended, 33 U.S.C. 901 et seq.; 42 U.S.C. 1651; 43 U.S.C. 1333; 5 U.S.C. 150k; 36 D.C. Code 501

Summary and Disposition

The Longshoremen's and Harbor Workers' Compensation Act provides workers' compensation benefits for certain private employments subject to Federal jurisdiction.

PERSONS AND EMPLOYMENTS COVERED

The law covers substantially all maritime employment in whole or in part on the navigable waters of the United States (including any adjoining pier, wharf, drydock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel), except the master or members of the crew of a vessel. The principal employments covered are longshoremen and ship repairmen. The law has been extended to other employments, including all private employment in the District of Columbia and employment outside the United States in the service. of contractors with the United States at military, air, or naval bases or on public works, including employment on certain contracts made under the Mutual Security Act of 1954, as amended. Also certain employment on the Outer Continental Shelf lands and employment as post exchanges and other nonappropriated fund instrumentalities of the Armed Forces..

INJURIES AND DISEASES COVERED

The law provides workers' compensation benefits for accidental injury or death and diseases arising out of or occurring in the course of the employment.

AMOUNT OF BENEFITS

Compensation for disability and death is based on the average weekly wage of the injured worker. Maximum benefits may not exceed a specified percentage of the national average weekly wage. The percentage increases from 125 prior to September 30, 1973, to 200 beginning October 1, 1975. The minimum is 50% of the national average weekly wages or the employees' actual weekly wage, whichever is less.

(769)

TEMPORARY TOTAL DISABILITY

The compensation rate is two-thirds of the employee's average weekly wage. There is a 3-day waiting period, but if the disability lasts more than 14 days, compensation is paid for the waiting period. Benefits are paid during the period of such disability.

PERMANENT PARTIAL DISABILITY

Compensation for permanent partial disability is paid under a statutory schedule for the loss or loss of use of specified parts of the body or body functions, and for disfigurement, or upon the basis of twothirds of a loss in wage earning capacity.

PERMANENT TOTAL DISABILITY

Compensation is payable for life at two-thirds of the employee's weekly wage.

DEATH

Burial expenses are provided up to a maximum of $1,000. Persons eligible for death compensation include a widow, children under 18 years, and those over 18 if incapable of self-support or if they are students, and dependent parents, brothers and sisters, grandparents, and grandchildren. The aggregate award to all beneficiaries may not exceed two-thirds of the average weekly wage.

Compensation to a widow is payable for life, or until remarriage. Upon remarriage, the widow receives 2 years' compensation.

MEDICAL TREATMENT

All necessary medical care is authorized for the effects of an injury. The employer is required to provide necessary and reasonable medical care and treatment. The employee has an initial free choice of physicians. There is no limit on the cost or period of treatment.

VOCATIONAL REHABILITATION

Provision is made for the furnishing of vocational rehabilitation through appropriate State agencies and for the payment of not to exceed $25 per week for maintenance while undergoing such vocational training.

SECOND INJURIES

The law sets up a special fund for payment of compensation in certain cases in which the employee suffers a permanent partial disability which, combined with a previous disability, causes permanent total disability. This fund is also available for payment of benefits in certan cases in which payments are in default by reason of the insolvency of the employer and his insurance carrier.

ADMINISTRATION

This law is administered by the Office of Worker's Compensation Programs of the U.S. Department of Labor, through Deputy Commissioners appointed to 16 Compensation Districts. Disputed claims are adjudicated by administrative law judges.

APPEALS

The decision of an administrative law judge is subject to review by the Benefits Review Board, U.S. Department of Labor.