---
kind: "section"
citation: "5 U.S.C. § 8108"
title: "5"
title_heading: "Government Organization and Employees"
number: "8108"
heading: "Reduction of compensation for subsequent injury to same member"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8108"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8108. Reduction of compensation for subsequent injury to same member


The period of [compensation](/usc/5/8101.md?p=12) payable under the schedule in [section 8107(c) of this title](/usc/5/8107.md?p=c) is reduced by the period of [compensation](/usc/5/8101.md?p=12) paid or payable under the schedule for an earlier [injury](/usc/5/8101.md?p=5) if—

- (1) [compensation](/usc/5/8101.md?p=12) in both cases is for disability of the same [member](/usc/5/8401.md?p=20) or function or different parts of the same [member](/usc/5/8401.md?p=20) or function or for disfigurement; and
- (2) the [Secretary](/usc/5/9901.md?p=2) of Labor finds that [compensation](/usc/5/8101.md?p=12) payable for the later disability in whole or in part would duplicate the [compensation](/usc/5/8101.md?p=12) payable for the preexisting disability.

In such a case, [compensation](/usc/5/8101.md?p=12) for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.


## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, § 1(51), Sept. 11, 1967, 81 Stat. 210.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| 1966 Act |  |  |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 755(c). | Oct. 14, 1949, ch. 691, § 104 “Sec. 5(c)”, 63 Stat. 857. |

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.


| 1967 Act |  |  |
| --- | --- | --- |
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
| 8108 | 5 App.: 755(c). | July 4, 1966, Pub. L. 89–488, § 2(c), 80 Stat. 252. |

### Statutory Notes and Related Subsidiaries

### 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.