5 U.S.C. § 8108
Section 8108 · Reduction of compensation for subsequent injury to same member
Amended 2 times on record
Applied in 5 court decisions — leading case Avasthi v. United States (1979)
Most recently applied in Soeken v. Herman (February 1999)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if—
(1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and
(2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability.
In such a case, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.