5 U.S.C. § 8173
Section 8173 · Liability under this subchapter exclusive
Amended 3 times on record
Applied in 23 court decisions — leading case District of Columbia v. Thompson (1991)
Most recently applied in 677 F. Supp. 2d 511 - Bonilla-Olmedo v. United States (November 2009)
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 liability of the United States or of a nonappropriated fund instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(2)), of an employee referred to by sections 8171 and 8172 of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's compensation statute or under a Federal tort liability statute.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Statutes at Large 5 U.S.C. 150k–1(c). July 18, 1958, Pub. L. 85–538, §1 “Sec. 2(c)”, 72 Stat. 397. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Pub. L. 104–106 substituted “(33 U.S.C. 902(2))” for “(33 U.S.C. 2(2))”.
1994—Pub. L. 103–337 substituted “section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))” for “section 902(2) of title 33”.