5 U.S.C. § 8105
Section 8105 · Total disability
Amended 1 time on record
Applied in 19 court decisions — leading case United States v. Kappes (1991)
Most recently applied in 92 Fed. Cl. 36 - Taylor v. United States (March 2010)
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.
(a) If the disability is total, the United States shall pay the employee during the disability monthly monetary compensation equal to 662/3 percent of his monthly pay, which is known as his basic compensation for total disability.
(b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.
Editorial notes U.S. Code · Office of the Law Revision Counsel
In subsection (a), the words “Except as otherwise provided in sections 751–756, 757–781, 783–791, and 793 of this title” are omitted as surplusage.
In subsection (b), the words “Loss, or” are omitted as included in “loss of use of”. The words “or the loss of sight of both eyes” are substituted for “or both eyes or the sight thereof”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.