US (United States) Code. Title 32. Chapter 18: Longshore and harbor workers compensation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 151 páginas
publicidad
publicidad

-CITE-

33 USC CHAPTER 18 - LONGSHORE AND HARBOR WORKERS'

COMPENSATION 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-MISC1-

Sec.

901. Short title.

902. Definitions.

903. Coverage.

(a) Disability or death; injuries occurring upon

navigable waters of United States.

(b) Government officers and employees.

(c) Intoxication; willful intention to kill.

(d) Small vessels.

(e) Credit for benefits paid under other laws.

904. Liability for compensation.

905. Exclusiveness of liability.

(a) Employer liability; failure of employer to

secure payment of compensation.

(b) Negligence of vessel.

(c) Outer Continental Shelf.

906. Compensation.

(a) Time for commencement.

(b) Maximum rate of compensation.

(c) Applicability of determinations.

907. Medical services and supplies.

(a) General requirement.

(b) Physician selection; administrative

supervision; change of physicians and

hospitals.

(c) Physicians and health care providers not

authorized to render medical care or provide

medical services.

(d) Request of treatment or services prerequisite

to recovery of expenses; formal report of

injury and treatment; suspension of

compensation for refusal of treatment or

examination; justification.

(e) Physical examination; medical questions; report

of physical impairment; review or

reexamination; costs.

(f) Place of examination; exclusion of physicians

other than examining physician of Secretary;

good cause for conclusions of other physicians

respecting impairment; examination by

employer's physician; suspension of

proceedings and compensation for refusal of

examination.

(g) Fees and charges for examinations, treatment,

or service; limitation; regulations.

(h) Third party liability.

(i) Physicians' ineligibility for subsection (e)

physical examinations and reviews because of

workmen's compensation claim employment or fee

acceptance or participation.

(j) Procedure; judicial review.

(k) Refusal of treatment on religious grounds.

908. Compensation for disability.

909. Compensation for death.

910. Determination of pay.

911. Guardian for minor or incompetent.

912. Notice of injury or death.

(a) Time limitation.

(b) Form and content.

(c) Delivery requirements.

(d) Failure to give notice.

913. Filing of claims.

(a) Time to file.

(b) Failure to file.

(c) Effect on incompetents and minors.

(d) Tolling provision.

914. Payment of compensation.

(a) Manner of payment.

(b) Period of installment payments.

(c) Notification of commencement or suspension of

payment.

(d) Right to compensation controverted.

(e) Additional compensation for overdue installment

payments payable without award.

(f) Additional compensation for overdue installment

payments payable under terms of award.

(g) Notice of payment; penalty.

(h) Investigations, examinations, and hearings for

controverted, stopped, or suspended payments.

(i) Deposit by employer.

(j) Reimbursement for advance payments.

(k) Receipt for payment.

915. Invalid agreements.

916. Assignment and exemption from claims of creditors.

917. Lien against compensation.

918. Collection of defaulted payments; special fund.

919. Procedure in respect of claims.

(a) Filing of claim.

(b) Notice of claim.

(c) Investigations; order for hearing; notice;

rejection or award.

(d) Provisions governing conduct of hearing;

administrative law judges.

(e) Filing and mailing of order rejecting claim or

making award.

(f) Awards after death of employee.

(g) Transfer of case.

(h) Physical examination of injured employee.

920. Presumptions.

921. Review of compensation orders.

(a) Effectiveness and finality of orders.

(b) Benefits Review Board; establishment; members;

chairman; quorum; voting; questions

reviewable; record; conclusiveness of

findings; stay of payments; remand.

(c) Court of appeals; jurisdiction; persons

entitled to review; petition; record;

determination and enforcement; service of

process; stay of payments.

(d) District court; jurisdiction; enforcement of

orders; application of beneficiaries of awards

or deputy commissioner; process for compliance

with orders.

(e) Institution of proceedings for suspension,

setting aside, or enforcement of compensation

orders.

921a. Appearance of attorneys for Secretary, deputy

commissioner, or Board.

922. Modification of awards.

923. Procedure before deputy commissioner or Board.

924. Witnesses.

925. Witness fees.

926. Costs in proceedings brought without reasonable

grounds.

927. Powers of deputy commissioners or Board.

928. Fees for services.

(a) Attorney's fee; successful prosecution of

claim.

(b) Attorney's fee; successful prosecution for

additional compensation; independent medical

evaluation of disability controversy;

restriction of other assessments.

(c) Approval; payment; lien.

(d) Costs; witnesses' fees and mileage; prohibition

against diminution of compensation to

claimant.

(e) Unapproved fees; solicitation; penalty.

929. Record of injury or death.

930. Reports to Secretary.

(a) Time for sending; contents; copy to deputy

commissioner.

(b) Additional reports.

(c) Use as evidence.

(d) Compliance by mailing.

(e) Penalty for failure or refusal to send report.

(f) Tolling provision.

931. Penalty for misrepresentation.

(a) Felony; fine; imprisonment.

(b) List of persons disqualified from representing

claimants.

(c) False statements or representation to reduce,

deny, or terminate benefits.

932. Security for compensation.

933. Compensation for injuries where third persons are

liable.

(a) Election of remedies.

(b) Acceptance of compensation operating as

assignment.

(c) Payment into section 944 fund operating as

assignment.

(d) Institution of proceedings or compromise by

assignee.

(e) Recoveries by assignee.

(f) Institution of proceedings by person entitled

to compensation.

(g) Compromise obtained by person entitled to

compensation.

(h) Subrogation.

(i) Right to compensation as exclusive remedy.

934. Compensation notice.

935. Substitution of carrier for employer.

936. Insurance policies.

937. Certificate of compliance with chapter.

938. Penalties.

(a) Failure to secure payment of compensation.

(b) Avoiding payment of compensation.

(c) Effect on other liability of employer.

939. Administration by Secretary.

(a) Prescribing rules and regulations; appointing

and fixing compensation of employees; making

expenditures.

(b) Establishing compensation districts.

(c) Furnishing information and assistance;

directing vocational rehabilitation.

940. Deputy commissioners.

(a) Appointment; use of personnel and facilities of

boards, commissions, or other agencies;

expenses and salaries.

(b) Appointment in Territories and District of

Columbia; compensation.

(c) Transfers to other districts; temporary

details.

(d) Maintaining offices.

(e) Records and papers.

(f) Conflict of interest.

941. Safety rules and regulations.

(a) Safe place of employment; installation of

safety devices and safeguards.

(b) Studies and investigations by Secretary.

(c) Inspection of places and practices of

employment.

(d) Requests for advice; variations from safety

rules and regulations.

(e) Jurisdiction to restrain violations.

(f) Violations and penalties.

(g) Inapplicability to certain employments.

942. Annual report.

943. Repealed.

944. Special fund.

(a) Establishment; administration; custody, trust.

(b) Disbursements; bond of custodian.

(c) Payments into fund.

(d) Investigations; records, availability;

recordkeeping; provisions of sections 49 and

50 of title 15 applicable to Secretary.

(e) Depositories; investments.

(f) Limitation of liability.

(g) Audit by Comptroller General; finality of

payment determinations; credits of disbursing

officers.

(h) Civil actions for civil penalties and unpaid

assessments.

(i) Proceeds available for certain payments.

(j) Audit to Congress.

945 to 947. Repealed.

948. Laws inapplicable.

948a. Discrimination against employees who bring

proceedings; penalties; deposit of payments in

special fund; civil actions; entitlement to

restoration of employment and compensation,

qualifications requirement; liability of employer for

penalties and payments; insurance policy exemption

from liability.

949. Effect of unconstitutionality.

950. Separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 5 section 8171; title 30

sections 931, 932; title 42 sections 251, 405, 1651, 1653, 1702;

title 43 section 1333.

-End-

-CITE-

33 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 901. Short title

-STATUTE-

This chapter may be cited as "Longshore and Harbor Workers'

Compensation Act."

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 1, 44 Stat. 1424; Pub. L. 98-426, Sec.

27(d)(1), Sept. 28, 1984, 98 Stat. 1654.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426 substituted "Longshore" for

"Longshoremen's".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 28(a)-(g) of Pub. L. 98-426 provided that:

"(a) Except as otherwise provided in this section, the amendments

made by this Act [enacting section 942 of this title, amending this

section, sections 902 to 910, 912 to 914, 917 to 919, 921 to 923,

928 to 935, 938 to 940, 944, and 948a of this title, and section

932 of Title 30, Mineral Lands and Mining, repealing sections 945

to 947 of this title, and enacting provisions set out as notes

under this section and section 907 of this title] shall be

effective on the date of enactment of this Act [Sept. 28, 1984] and

shall apply both with respect to claims filed after such date and

to claims pending on such date.

"(b) The amendments made by sections 7(a), 7(e), 8(f), 11(b),

11(c), and 13 [amending sections 907, 908, 912, and 914 of this

title] shall be effective 90 days after the date of enactment of

this Act [Sept. 28, 1984] and shall apply both with respect to

claims filed after such 90th day and to claims pending on such 90th

day.

"(c) The amendments made by sections 2(a), 3(a), 5, and 8(b)

[amending sections 902, 903, 905, and 908 of this title] shall

apply with respect to any injury after the date of enactment of

this Act [Sept. 28, 1984].

"(d) The amendments made by sections 6(a), 8(d), and 9 [amending

sections 906, 908, and 909 of this title] shall apply with respect

to any death after the date of enactment of this Act [Sept. 28,

1984].

"(e)(1) The amendments made by sections 2(c), 8(c)(1), 8(e)(4),

8(e)(5), 8(g), 10(b), 15 through 20, and 22 through 27 [enacting

section 942 of this title, amending this section and sections 902,

908 to 910, 914, 918, 919, 921 to 923, 928 to 932, 934, 935, 938 to

940, 944, and 948a of this title, repealing sections 945 to 947,

and enacting provisions set out as a note under this section] shall

be effective on the date of enactment of this Act [Sept. 24, 1984].

"(2) The amendments made by sections 7(b), 7(c), 7(d), and 8(h)

[amending sections 907 and 908 of this title] shall be effective 90

days after the date of enactment of this Act [Sept. 28, 1984].

"(f) The amendments made by section 6(b) [amending section 906 of

this title] shall apply with respect to any injury, disability, or

death after the date of enactment of this Act [Sept. 28, 1984].

"(g) For the purpose of this section -

"(1) in the case of an occupational disease which does not

immediately result in a disability or death, an injury shall be

deemed to arise on the date on which the employee or claimant

becomes aware, or in the exercise of reasonable diligence or by

reason of medical advice should have been aware, of the disease;

and

"(2) the term 'disability' has the meaning given such term by

section 2(10) of the Act [section 902(10) of this title] as

amended by this Act."

EFFECTIVE DATE

Section 52, formerly Sec. 51, of act Mar. 4, 1927, renumbered

Oct. 27, 1972, Pub. L. 92-576, Sec. 19, 86 Stat. 1263, provided

that: "Sections 39 to 48, 50 to 52 [50 to 52, formerly 49 to 51,

renumbered Pub. L. 92-576, Sec. 19], inclusive [sections 939 to

948, 949, and 950 of this title], shall become effective upon the

passage of this Act [Mar. 4, 1927], and the remainder of this Act

shall become effective on July 1, 1927."

SHORT TITLE OF 1984 AMENDMENT

Section 1(a) of Pub. L. 98-426 provided that: "this Act [enacting

section 942 of this title, amending this section, sections 902 to

910, 912 to 914, 917 to 919, 921 to 923, 928 to 935, 938 to 940,

944, and 948a of this title, and section 932 of Title 30, Mineral

Lands and Mining, repealing sections 945 to 947 of this title, and

enacting provisions set out as notes under this section and section

907 of this title] may be cited as the 'Longshore and Harbor

Workers' Compensation Act Amendments of 1984'."

SHORT TITLE OF 1972 AMENDMENT

Pub. L. 92-576, Sec. 1, Oct. 27, 1972, 86 Stat. 1251, provided:

"That this Act [enacting section 948a, amending sections 902, 903,

905 to 910, 912 to 914, 917, 919, 921, 921a, 923, 927, 928, 933,

935, 939, 940, and 944 of this title, and enacting and amending

provisions set out as notes under this section and section 902 of

this title] may be cited as the 'Longshoremen's and Harbor Workers'

Compensation Act Amendments of 1972'."

REFERENCES TO LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT

Section 27(d)(2) of Pub. L. 98-426 provided that: "Reference in

any other statute, regulation, order, or other document to the

Longshoremen's and Harbor Workers' Compensation Act shall be deemed

to refer to the Longshore and Harbor Workers' Compensation Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-

-CITE-

33 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 902. Definitions

-STATUTE-

When used in this chapter -

(1) The term "person" means individual, partnership,

corporation, or association.

(2) The term "injury" means accidental injury or death arising

out of and in the course of employment, and such occupational

disease or infection as arises naturally out of such employment

or as naturally or unavoidably results from such accidental

injury, and includes an injury caused by the willful act of a

third person directed against an employee because of his

employment.

(3) The term "employee" means any person engaged in maritime

employment, including any longshoreman or other person engaged in

longshoring operations, and any harbor-worker including a ship

repairman, shipbuilder, and ship-breaker, but such term does not

include -

(A) individuals employed exclusively to perform office

clerical, secretarial, security, or data processing work;

(B) individuals employed by a club, camp, recreational

operation, restaurant, museum, or retail outlet;

(C) individuals employed by a marina and who are not engaged

in construction, replacement, or expansion of such marina

(except for routine maintenance);

(D) individuals who (i) are employed by suppliers,

transporters, or vendors, (ii) are temporarily doing business

on the premises of an employer described in paragraph (4), and

(iii) are not engaged in work normally performed by employees

of that employer under this chapter;

(E) aquaculture workers;

(F) individuals employed to build, repair, or dismantle any

recreational vessel under sixty-five feet in length;

(G) a master or member of a crew of any vessel; or

(H) any person engaged by a master to load or unload or

repair any small vessel under eighteen tons net;

if individuals described in clauses (A) through (F) are subject

to coverage under a State workers' compensation law.

(4) The term "employer" means an employer any of whose

employees are employed in maritime employment, in whole or in

part, upon the navigable waters of the United States (including

any adjoining pier, wharf, dry dock, terminal, building way,

marine railway, or other adjoining area customarily used by an

employer in loading, unloading, repairing, or building a vessel).

(5) The term "carrier" means any person or fund authorized

under section 932 of this title to insure under this chapter and

includes self-insurers.

(6) The term "Secretary" means the Secretary of Labor.

(7) The term "deputy commissioner" means the deputy

commissioner having jurisdiction in respect of an injury or

death.

(8) The term "State" includes a Territory and the District of

Columbia.

(9) The term "United States" when used in a geographical sense

means the several States and Territories and the District of

Columbia, including the territorial waters thereof.

(10) "Disability" means incapacity because of injury to earn

the wages which the employee was receiving at the time of injury

in the same or any other employment; but such term shall mean

permanent impairment, determined (to the extent covered thereby)

under the guides to the evaluation of permanent impairment

promulgated and modified from time to time by the American

Medical Association, in the case of an individual whose claim is

described in section 910(d)(2) of this title.

(11) "Death" as a basis for a right to compensation means only

death resulting from an injury.

(12) "Compensation" means the money allowance payable to an

employee or to his dependents as provided for in this chapter,

and includes funeral benefits provided therein.

(13) The term "wages" means the money rate at which the service

rendered by an employee is compensated by an employer under the

contract of hiring in force at the time of the injury, including

the reasonable value of any advantage which is received from the

employer and included for purposes of any withholding of tax

under subtitle C of title 26 (relating to employment taxes). The

term wages does not include fringe benefits, including (but not

limited to) employer payments for or contributions to a

retirement, pension, health and welfare, life insurance,

training, social security or other employee or dependent benefit

plan for the employee's or dependent's benefit, or any other

employee's dependent entitlement.

(14) "Child" shall include a posthumous child, a child legally

adopted prior to the injury of the employee, a child in relation

to whom the deceased employee stood in loco parentis for at least

one year prior to the time of injury, and a stepchild or

acknowledged illegitimate child dependent upon the deceased, but

does not include married children unless wholly dependent on him.

"Grandchild" means a child as above defined of a child as above

defined. "Brother" and "sister" includes stepbrothers and

stepsisters, half brothers and half sisters, and brothers and

sisters by adoption, but does not include married brothers nor

married sisters unless wholly dependent on the employee. "Child",

"grandchild", "brother", and "sister" include only a person who

is under eighteen years of age, or who, though eighteen years of

age or over, is (1) wholly dependent upon the employee and

incapable of self-support by reason of mental or physical

disability, or (2) a student as defined in paragraph (19) of this

section.

(15) The term "parent" includes step-parents and parents by

adoption, parents-in-law, and any person who for more than three

years prior to the death of the deceased employee stood in the

place of a parent to him, if dependent on the injured employee.

(16) The terms "widow or widower" includes only the decedent's

wife or husband living with or dependent for support upon him or

her at the time of his or her death; or living apart for

justifiable cause or by reason of his or her desertion at such

time.

(17) The terms "adoption" or "adopted" mean legal adoption

prior to the time of the injury.

(18) The term "student" means a person regularly pursuing a

full-time course of study or training at an institution which is

-

(A) a school or college or university operated or directly

supported by the United States, or by any State or local

government or political subdivision thereof,

(B) a school or college or university which has been

accredited by a State or by a State recognized or nationally

recognized accrediting agency or body.

(C) a school or college or university not so accredited but

whose credits are accepted, on transfer, by not less than three

institutions which are so accredited, for credit on the same

basis as if transferred from an institution so accredited, or

(D) an additional type of educational or training institution

as defined by the Secretary,

but not after he reaches the age of twenty-three or has completed

four years of education beyond the high school level, except

that, where his twenty-third birthday occurs during a semester or

other enrollment period, he shall continue to be considered a

student until the end of such semester or other enrollment

period. A child shall not be deemed to have ceased to be a

student during any interim between school years if the interim

does not exceed five months and if he shows to the satisfaction

of the Secretary that he has a bona fide intention of continuing

to pursue a full-time course of education or training during the

semester or other enrollment period immediately following the

interim or during periods of reasonable duration during which, in

the judgment of the Secretary, he is prevented by factors beyond

his control from pursuing his education. A child shall not be

deemed to be a student under this chapter during a period of

service in the Armed Forces of the United States.

(19) The term "national average weekly wage" means the national

average weekly earnings of production or nonsupervisory workers

on private nonagricultural payrolls.

(20) The term "Board" shall mean the Benefits Review Board.

(21) Unless the context requires otherwise, the term "vessel"

means any vessel upon which or in connection with which any

person entitled to benefits under this chapter suffers injury or

death arising out of or in the course of his employment, and said

vessel's owner, owner pro hac vice, agent, operator, charter or

bare boat charterer, master, officer, or crew member.

(22) The singular includes the plural and the masculine

includes the feminine and neuter.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 2, 44 Stat. 1424; June 25, 1938, ch.

685, Sec. 1, 52 Stat. 1164; Pub. L. 92-576, Secs. 2(a), (b), 3,

5(b), 15(c), 18(b), 20(c)(1), Oct. 27, 1972, 86 Stat. 1251, 1253,

1262, 1263, 1265; Pub. L. 98-426, Secs. 2, 5(a)(2), 27(a)(1), Sept.

28, 1984, 98 Stat. 1639, 1641, 1654.)

-REFTEXT-

REFERENCES IN TEXT

The phrase "a student as defined in paragraph (19) of this

section", referred to in par. (14), probably means a student as

defined in paragraph (18) of this section.

-MISC1-

AMENDMENTS

1984 - Par. (3). Pub. L. 98-426, Sec. 2(a), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The term

'employee' means any person engaged in maritime employment,

including any longshoreman or other person engaged in longshoring

operations, and any harborworker including a ship repairman,

shipbuilder, and shipbreaker, but such term does not include a

master or member of a crew of any vessel, or any person engaged by

the master to load or unload or repair any small vessel under

eighteen tons net."

Par. (6). Pub. L. 98-426, Sec. 27(a)(1), substituted "The term

'Secretary' means the Secretary of Labor" for "The term

'commission' means the United States Employees' Compensation

Commission".

Par. (10). Pub. L. 98-426, Sec. 2(b), inserted "; but such term

shall mean permanent impairment, determined (to the extent covered

thereby) under the guides to the evaluation of permanent impairment

promulgated and modified from time to time by the American Medical

Association, in the case of an individual whose claim is described

in section 910(d)(2) of this title".

Par. (13). Pub. L. 98-426, Sec. 2(c), amended par. (13)

generally. Prior to amendment, par. (13) read as follows: " 'Wages'

means the money rate at which the service rendered is recompensed

under the contract of hiring in force at the time of the injury,

including the reasonable value of board, rent, housing, lodging, or

similar advantage received from the employer, and gratuities

received in the course of employment from others than the

employer".

Par. (21). Pub. L. 98-426, Sec. 5(a)(2), substituted "Unless the

context requires otherwise, the" for "The".

1972 - Par. (3). Pub. L. 92-576, Sec. 2(a), defined "employee" to

mean any person engaged in maritime employment, including any

longshoreman or other person engaged in longshoring operations, and

any harborworker including a ship repairman, shipbuilder, and

shipbreaker and substituted "or" for "nor" before "any person

engaged by the master".

Par. (4). Pub. L. 92-576, Sec. 2(b), defined "employer" to

include an employer any of whose employees are employed in maritime

employment upon the navigable waters of the United States,

including any adjoining pier, wharf, dry dock, terminal, building

way, marine railway, or other adjoining area customarily used by an

employer in loading, unloading, repairing, or building a vessel.

Par. (14). Pub. L. 92-576, Sec. 3(b), defined "child, grandchild,

brother, and sister" to include a student as defined in par. (19)

of this section.

Par. (16). Pub. L. 92-576, Sec. 20(c)(1), consolidated provisions

of former par. (16) definition of "widow" and former par. (17)

definition of "widower" in one definition of "widow or widower";

and in redefining "widower", substituted provision for decedent's

husband living with or dependent upon wife for support at time of

her death, for prior provision for decedent's husband living with

and dependent upon wife for support at time of her death, and

included decedent's husband living apart from wife for justifiable

cause or by reason of her desertion at time of her death.

Par. (17). Pub. L. 92-576, Sec. 20(c)(1), redesignated former

par. (18) definition of "adoption" or "adopted" as par. (17).

Former par. (17) definition of "widower" incorporated in par. (16).

Par. (18). Pub. L. 92-576, Secs. 3(a), 20(c)(1), added par. (19)

definition of "student" and redesignated such par. (19) as par.

(18). Former par. (18) definition of "adoption" or "adopted"

redesignated par. (17).

Par. (19). Pub. L. 92-576, Secs. 5(b), 20(c)(1), added par. (20)

definition of "national average weekly wage" and redesignated such

par. (20) as par. (19). Former par. (19) definition of "student"

redesignated par. (18).

Par. (20). Pub. L. 92-576, Secs. 15(c), 20(c)(1), added par. (21)

definition of "Board" and redesignated such par. (21) as par. (20).

Former par. (20) definition of "national average weekly wage"

redesignated par. (19).

Par. (21). Pub. L. 92-576, Secs. 18(b), 20(c)(1), added par. (22)

definition of "vessel" and redesignated such par. (22) as par.

(21). Former par. (21) definition of "Board" redesignated par.

(20).

Par. (22). Pub. L. 92-576, Secs. 3(a), 5(b), 15(c), 18(b),

20(c)(1), redesignated former par. (19) definition of "singular" as

pars. (20), (21), (22), (23), and (22) again. Former par. (22)

definition of "vessel" redesignated par. (21).

1938 - Par. (14). Act June 25, 1938, included within definition

of child, "a child in relation to whom the deceased employee stood

in loco parentis for at least one year prior to the time of injury"

and within definition of child, grandchild, brother, and sister

"persons who though eighteen years of age or over, are wholly

dependent upon the deceased employee and incapable of self-support

by reason of mental or physical disability".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98-426

applicable with respect to any injury after Sept. 28, 1984,

amendment by section 2(b) of Pub. L. 98-426 effective Sept. 28,

1984, and applicable both with respect to claims filed after such

date and to claims pending as of such date, and amendment by

sections 2(c) and 27(a)(1) of Pub. L. 98-426 effective Sept. 28,

1984, see section 28(a), (c), (e)(1) of Pub. L. 98-426, set out as

a note under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 20(c)(3) of Pub. L. 92-576 provided that: "The amendments

made by this subsection [amending this section and section 909 of

this title] shall apply only with respect to deaths or injuries

occurring after the enactment of this Act, [Oct. 27, 1972]."

Section 22 of Pub. L. 92-576 provided that: "The amendments made

by this Act [see Short Title note set out under section 901 of this

title] shall become effective thirty days after the date of

enactment of this Act [Oct. 27, 1972]."

-TRANS-

TRANSFER OF FUNCTIONS

Prior to the amendment of this chapter by Pub. L. 98-426 the word

"Secretary" meaning the Secretary of Labor had been substituted for

the word "commission" meaning the United States Employees'

Compensation Commission throughout this chapter even when not

expressly so directed by statute in view of the transfer of the

functions of the commission first to the Federal Security

Administrator by Reorg. Plan No. 2 of 1946, Sec. 3, eff. July 16,

1946, 11 F.R. 7873, 60 Stat. 1095, and later to the Secretary of

Labor by Reorg. Plan No. 19 of 1950, Sec. 1, eff. May 24, 1950, 15

F.R. 3178, 64 Stat. 1271. Where such substitution had thus been

made the statutory substitution of terms by Pub. L. 98-426 required

no change in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 908 of this title; title 5

sections 8171, 8172, 8173; title 30 section 932.

-End-

-CITE-

33 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 903. Coverage

-STATUTE-

(a) Disability or death; injuries occurring upon navigable waters

of United States

Except as otherwise provided in this section, compensation shall

be payable under this chapter in respect of disability or death of

an employee, but only if the disability or death results from an

injury occurring upon the navigable waters of the United States

(including any adjoining pier, wharf, dry dock, terminal, building

way, marine railway, or other adjoining area customarily used by an

employer in loading, unloading, repairing, dismantling, or building

a vessel).

(b) Governmental officers and employees

No compensation shall be payable in respect of the disability or

death of an officer or employee of the United States, or any agency

thereof, or of any State or foreign government, or any subdivision

thereof.

(c) Intoxication; willful intention to kill

No compensation shall be payable if the injury was occasioned

solely by the intoxication of the employee or by the willful

intention of the employee to injure or kill himself or another.

(d) Small vessels

(1) No compensation shall be payable to an employee employed at a

facility of an employer if, as certified by the Secretary, the

facility is engaged in the business of building, repairing, or

dismantling exclusively small vessels (as defined in paragraph (3)

of this subsection), unless the injury occurs while upon the

navigable waters of the United States or while upon any adjoining

pier, wharf, dock, facility over land for launching vessels, or

facility over land for hauling, lifting, or drydocking vessels.

(2) Notwithstanding paragraph (1), compensation shall be payable

to an employee -

(A) who is employed at a facility which is used in the business

of building, repairing, or dismantling small vessels if such

facility receives Federal maritime subsidies; or

(B) if the employee is not subject to coverage under a State

workers' compensation law.

(3) For purposes of this subsection, a small vessel means -

(A) a commercial barge which is under 900 lightship

displacement tons; or

(B) a commercial tugboat, towboat, crew boat, supply boat,

fishing vessel, or other work vessel which is under 1,600 tons

gross as measured under section 14502 of title 46, or an

alternate tonnage measured under section 14302 of that title as

prescribed by the Secretary under section 14104 of that title.

(e) Credit for benefits paid under other laws

Notwithstanding any other provision of law, any amounts paid to

an employee for the same injury, disability, or death for which

benefits are claimed under this chapter pursuant to any other

workers' compensation law or section 688 of title 46, Appendix

(relating to recovery for injury to or death of seamen), shall be

credited against any liability imposed by this chapter.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 3, 44 Stat. 1426; Pub. L. 92-576,

Secs. 2(c), 21, Oct. 27, 1972, 86 Stat. 1251, 1265; Pub. L. 98-426,

Sec. 3, Sept. 28, 1984, 98 Stat. 1640; Pub. L. 104-324, title VII,

Sec. 703, Oct. 19, 1996, 110 Stat. 3933.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d)(3)(B). Pub. L. 104-324 inserted before period

at end "as measured under section 14502 of title 46, or an

alternate tonnage measured under section 14302 of that title as

prescribed by the Secretary under section 14104 of that title".

1984 - Subsec. (a). Pub. L. 98-426, Sec. 3(a), inserted

introductory language relating to exceptions provided for elsewhere

in this section, redesignated existing par. (1) as subsec. (b), and

struck out existing par. (2) which had excepted from coverage

masters and crew members or persons engaged by such masters or crew

members to load, unload, or repair vessels under 18 tons net.

Subsec. (b). Pub. L. 98-426, Sec. 3(a), redesignated as subsec.

(b) provisions formerly set out in subsec. (a)(2). Former subsec.

(b) redesignated (c).

Subsecs. (c) to (e). Pub. L. 98-426, Sec. 3(a), (b), redesignated

former subsec. (b) as (c) and added subsecs. (d) and (e).

1972 - Subsec. (a). Pub. L. 92-576, Sec. 2(c), substituted

provisions respecting coverage of injuries occurring upon navigable

waters of the United States, including any adjoining pier, wharf,

dry dock, terminal, building way, marine railway, or other

adjoining area customarily used by an employer in loading,

unloading, repairing, or building a vessel, for prior provisions

respecting coverage of such injuries upon navigable waters and if

recovery for the disability or death through workmen's compensation

proceedings may not validly be provided by State law.

Subsec. (a)(1). Pub. L. 92-576, Sec. 21, substituted "or" for

"nor" before "any person engaged by the master".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 3(a) of Pub. L. 98-426 applicable with

respect to any injury after Sept. 28, 1984, and amendment by

section 3(b) of Pub. L. 98-426 effective Sept. 28, 1984, and

applicable both with respect to claims filed after Sept. 28, 1984,

and to claims pending on that date, see section 28(a), (c) of Pub.

L. 98-426, set out as a note under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

DISTRICT OF COLUMBIA

The Longshoremen's and Harbor Workers' Compensation Act [this

chapter] was made applicable in respect to the injury or death of

an employee of an employer carrying on any employment in the

District of Columbia, by act May 17, 1928, ch. 612, 45 Stat. 600,

as amended.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8171; title 30

section 932; title 46 section 14305.

-End-

-CITE-

33 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 904. Liability for compensation

-STATUTE-

(a) Every employer shall be liable for and shall secure the

payment to his employees of the compensation payable under sections

907, 908, and 909 of this title. In the case of an employer who is

a subcontractor, only if such subcontractor fails to secure the

payment of compensation shall the contractor be liable for and be

required to secure the payment of compensation. A subcontractor

shall not be deemed to have failed to secure the payment of

compensation if the contractor has provided insurance for such

compensation for the benefit of the subcontractor.

(b) Compensation shall be payable irrespective of fault as a

cause for the injury.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 4, 44 Stat. 1426; Pub. L. 98-426, Sec.

4(a), Sept. 28, 1984, 98 Stat. 1641.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-426 amended subsec. (a) generally.

Prior to amendment, subsec. (a) read as follows: "Every employer

shall be liable for and shall secure the payment to his employees

of the compensation payable under sections 907, 908, and 909 of

this title. In the case of an employer who is a subcontractor, the

contractor shall be liable for and shall secure the payment of such

compensation to employees of the subcontractor unless the

subcontractor has secured such payment."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, and

applicable both with respect to claims filed after Sept. 28, 1984,

and to claims pending on that date, see section 28(a) of Pub. L.

98-426, set out as a note under section 901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 905 of this title; title

30 section 932.

-End-

-CITE-

33 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 905. Exclusiveness of liability

-STATUTE-

(a) Employer liability; failure of employer to secure payment of

compensation

The liability of an employer prescribed in section 904 of this

title shall be exclusive and in place of all other liability of

such employer to the employee, his legal representative, husband or

wife, parents, dependents, next of kin, and anyone otherwise

entitled to recover damages from such employer at law or in

admiralty on account of such injury or death, except that if an

employer fails to secure payment of compensation as required by

this chapter, an injured employee, or his legal representative in

case death results from the injury, may elect to claim compensation

under the chapter, or to maintain an action at law or in admiralty

for damages on account of such injury or death. In such action the

defendant may not plead as a defense that the injury was caused by

the negligence of a fellow servant, or that the employee assumed

the risk of his employment, or that the injury was due to the

contributory negligence of the employee. For purposes of this

subsection, a contractor shall be deemed the employer of a

subcontractor's employees only if the subcontractor fails to secure

the payment of compensation as required by section 904 of this

title.

(b) Negligence of vessel

In the event of injury to a person covered under this chapter

caused by the negligence of a vessel, then such person, or anyone

otherwise entitled to recover damages by reason thereof, may bring

an action against such vessel as a third party in accordance with

the provisions of section 933 of this title, and the employer shall

not be liable to the vessel for such damages directly or indirectly

and any agreements or warranties to the contrary shall be void. If

such person was employed by the vessel to provide stevedoring

services, no such action shall be permitted if the injury was

caused by the negligence of persons engaged in providing

stevedoring services to the vessel. If such person was employed to

provide shipbuilding, repairing, or breaking services and such

person's employer was the owner, owner pro hac vice, agent,

operator, or charterer of the vessel, no such action shall be

permitted, in whole or in part or directly or indirectly, against

the injured person's employer (in any capacity, including as the

vessel's owner, owner pro hac vice, agent, operator, or charterer)

or against the employees of the employer. The liability of the

vessel under this subsection shall not be based upon the warranty

of seaworthiness or a breach thereof at the time the injury

occurred. The remedy provided in this subsection shall be exclusive

of all other remedies against the vessel except remedies available

under this chapter.

(c) Outer Continental Shelf

In the event that the negligence of a vessel causes injury to a

person entitled to receive benefits under this Act by virtue of

section 1333 of title 43, then such person, or anyone otherwise

entitled to recover damages by reason thereof, may bring an action

against such vessel in accordance with the provisions of subsection

(b) of this section. Nothing contained in subsection (b) of this

section shall preclude the enforcement according to its terms of

any reciprocal indemnity provision whereby the employer of a person

entitled to receive benefits under this chapter by virtue of

section 1333 of title 43 and the vessel agree to defend and

indemnify the other for cost of defense and loss or liability for

damages arising out of or resulting from death or bodily injury to

their employees.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 5, 44 Stat. 1426; Pub. L. 92-576, Sec.

18(a), Oct. 27, 1972, 86 Stat. 1263; Pub. L. 98-426, Secs. 4(b),

5(a)(1), (b), Sept. 28, 1984, 98 Stat. 1641.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-426, Sec. 4(b), inserted at end

"For purposes of this subsection, a contractor shall be deemed the

employer of a subcontractor's employees only if the subcontractor

fails to secure the payment of compensation as required by section

904 of this title."

Subsec. (b). Pub. L. 98-426, Sec. 5(a)(1), substituted "If such

person was employed to provide shipbuilding, repairing, or breaking

services and such person's employer was the owner, owner pro hac

vice, agent, operator, or charterer of the vessel, no such action

shall be permitted, in whole or in part or directly or indirectly,

against the injured person's employer (in any capacity, including

as the vessel's owner, owner pro hac vice, agent, operator, or

charterer) or against the employees of the employer" for "If such

person was employed by the vessel to provide ship building or

repair services, no such action shall be permitted if the injury

was caused by the negligence of persons engaged in providing ship

building or repair services to the vessel".

Subsec. (c). Pub. L. 98-426, Sec. 5(b), added subsec. (c).

1972 - Pub. L. 92-576 designated existing provisions as subsec.

(a), substituted "the chapter" for "this chapter", and added

subsec. (b).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 4(b) of Pub. L. 98-426 effective Sept. 28,

1984, and applicable both with respect to claims filed after Sept.

28, 1984, and to claims pending on that date, and amendment by

section 5(a)(1), (b) of Pub. L. 98-426 applicable with respect to

any injury after Sept. 28, 1984, see section 28(a), (c) of Pub. L.

98-426, set out as a note under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-End-

-CITE-

33 USC Sec. 906 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 906. Compensation

-STATUTE-

(a) Time for commencement

No compensation shall be allowed for the first three days of the

disability, except the benefits provided for in section 907 of this

title: Provided, however, That in case the injury results in

disability of more than fourteen days the compensation shall be

allowed from the date of the disability.

(b) Maximum rate of compensation

(1) Compensation for disability or death (other than compensation

for death required by this chapter to be paid in a lump sum) shall

not exceed an amount equal to 200 per centum of the applicable

national average weekly wage, as determined by the Secretary under

paragraph (3).

(2) Compensation for total disability shall not be less than 50

per centum of the applicable national average weekly wage

determined by the Secretary under paragraph (3), except that if the

employee's average weekly wages as computed under section 910 of

this title are less than 50 per centum of such national average

weekly wage, he shall receive his average weekly wages as

compensation for total disability.

(3) As soon as practicable after June 30 of each year, and in any

event prior to October 1 of such year, the Secretary shall

determine the national average weekly wage for the three

consecutive calendar quarters ending June 30. Such determination

shall be the applicable national average weekly wage for the period

beginning with October 1 of that year and ending with September 30

of the next year. The initial determination under this paragraph

shall be made as soon as practicable after October 27, 1972.

(c) Applicability of determinations

Determinations under subsection (b)(3) of this section with

respect to a period shall apply to employees or survivors currently

receiving compensation for permanent total disability or death

benefits during such period, as well as those newly awarded

compensation during such period.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 6, 44 Stat. 1426; June 24, 1948, ch.

623, Sec. 1, 62 Stat. 602; July 26, 1956, ch. 735, Sec. 1, 70 Stat.

654; Pub. L. 87-87, Sec. 1, July 14, 1961, 75 Stat. 203; Pub. L.

92-576, Secs. 4, 5(a), Oct. 27, 1972, 86 Stat. 1252; Pub. L.

98-426, Sec. 6, Sept. 28, 1984, 98 Stat. 1641.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(1). Pub. L. 98-426, Sec. 6(a), substituted

provisions setting a maximum compensation for disability on death

of 200 per centum of the applicable national average weekly wage as

determined by the Secretary for former provisions which had set out

a schedule of progressive percentages of 125 per centum or $167,

whichever is greater, during the period ending September 30, 1973,

150 per centum during the period beginning October 1, 1973, and

ending September 30, 1974, 175 per centum during the period

beginning October 1, 1974, and ending September 30, 1975, and 200

per centum beginning October 1, 1975.

Subsecs. (c), (d). Pub. L. 98-426, Sec. 6(b), redesignated

subsec. (d) as (c) and substituted "under subsection (b)(3) of this

section" for "under this subsection". Former subsec. (c), which had

directed that the maximum rate of compensation for a

nonappropriated fund instrumentality employee be equal to 66 2/3

per centum of the maximum rate of basic pay established for a

Federal employee in grade GS-12 by section 5332 of title 5 and the

minimum rate of compensation for such an employee be equal to 66

2/3 per centum of the minimum rate of basic pay established for a

Federal employee in grade GS-2 by such section, was struck out.

1972 - Subsec. (a). Pub. L. 92-576, Sec. 4, substituted "fourteen

days" for "twenty-eight days".

Subsecs. (b) to (d). Pub. L. 92-576, Sec. 5(a) added subsecs. (b)

to (d) and struck out former subsec. (b) compensation for

disability provisions which prescribed a $70 per week limit, a $18

per week minimum for total disability, and provided that if the

employee's average weekly wages, as computed under section 910 of

this title, were less than $18 per week he should receive as

compensation for total disability his average weekly wages.

1961 - Subsec. (b). Pub. L. 87-87 increased limitation on

compensation for disability from "$54" to "$70" per week.

1956 - Subsec. (a). Act July 26, 1956, substituted "three days"

for "seven days" and "twenty-eight days" for "forty-nine days".

Subsec. (b). Act July 26, 1956, substituted "$54" for "$35", and

"$18" for "$12" in two places.

1948 - Subsec. (b). Act June 24, 1948, increased maximum weekly

compensation from $25 to $35 and the minimum from $9 to $12 in two

places.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 6(a) of Pub. L. 98-426 applicable with

respect to any death after Sept. 28, 1984, and amendment by section

6(b) of Pub. L. 98-426 applicable with respect to any injury,

disability, or death after Sept. 28, 1984, see section 28(d), (f)

of Pub. L. 98-426, set out as a note under section 901 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 4 of Pub. L. 87-87 provided that: "The amendments made by

the foregoing provisions of this Act [amending this section and

sections 909 and 914 of this title] shall become effective as to

injuries or death sustained on or after the date of enactment [July

14, 1961]."

EFFECTIVE DATE OF 1956 AMENDMENT

Section 9 of act July 26, 1956, provided that: "The amendments

made by the first section and sections 2, 4, and 5 of this Act

[amending this section and sections 908, 909, and 914 of this

title] shall be applicable only with respect to injuries and death

occurring on or after the date of enactment of this Act [July 26,

1956] notwithstanding the provisions of the Act of December 2,

1942, as amended (42 U.S.C. sec. 1701 et seq.)."

EFFECTIVE DATE OF 1948 AMENDMENT

Section 6 of act June 24, 1948, provided that: "The provisions of

this Act [amending this section and sections 908, 909, 910, and 914

of this title] shall be applicable only to injuries or deaths

occurring on or after the effective date hereof [June 24, 1948]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 909, 910 of this title;

title 42 sections 1652, 1702.

-End-

-CITE-

33 USC Sec. 907 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 907. Medical services and supplies

-STATUTE-

(a) General requirement

The employer shall furnish such medical, surgical, and other

attendance or treatment, nurse and hospital service, medicine,

crutches, and apparatus, for such period as the nature of the

injury or the process of recovery may require.

(b) Physician selection; administrative supervision; change of

physicians and hospitals

The employee shall have the right to choose an attending

physician authorized by the Secretary to provide medical care under

this chapter as hereinafter provided. If, due to the nature of the

injury, the employee is unable to select his physician and the

nature of the injury requires immediate medical treatment and care,

the employer shall select a physician for him. The Secretary shall

actively supervise the medical care rendered to injured employees,

shall require periodic reports as to the medical care being

rendered to injured employees, shall have authority to determine

the necessity, character, and sufficiency of any medical aid

furnished or to be furnished, and may, on his own initiative or at

the request of the employer, order a change of physicians or

hospitals when in his judgment such change is desirable or

necessary in the interest of the employee or where the charges

exceed those prevailing within the community for the same or

similar services or exceed the provider's customary charges. Change

of physicians at the request of employees shall be permitted in

accordance with regulations of the Secretary.

(c) Physicians and health care providers not authorized to render

medical care or provide medical services

(1)(A) The Secretary shall annually prepare a list of physicians

and health care providers in each compensation district who are not

authorized to render medical care or provide medical services under

this chapter. The names of physicians and health care providers

contained on the list required under this subparagraph shall be

made available to employees and employers in each compensation

district through posting and in such other forms as the Secretary

may prescribe.

(B) Physicians and health care providers shall be included on the

list of those not authorized to provide medical care and medical

services pursuant to subparagraph (A) when the Secretary determines

under this section, in accordance with the procedures provided in

subsection (j) of this section, that such physician or health care

provider -

(i) has knowingly and willfully made, or caused to be made, any

false statement or misrepresentation of a material fact for use

in a claim for compensation or claim for reimbursement of medical

expenses under this chapter;

(ii) has knowingly and willfully submitted, or caused to be

submitted, a bill or request for payment under this chapter

containing a charge which the Secretary finds to be substantially

in excess of the charge for the service, appliance, or supply

prevailing within the community or in excess of the provider's

customary charges, unless the Secretary finds there is good cause

for the bill or request containing the charge;

(iii) has knowingly and willfully furnished a service,

appliance, or supply which is determined by the Secretary to be

substantially in excess of the need of the recipient thereof or

to be of a quality which substantially fails to meet

professionally recognized standards;

(iv) has been convicted under any criminal statute (without

regard to pending appeal thereof) for fraudulent activities in

connection with any Federal or State program for which payments

are made to physicians or providers of similar services,

appliances, or supplies; or

(v) has otherwise been excluded from participation in such

program.

(C) Medical services provided by physicians or health care

providers who are named on the list published by the Secretary

pursuant to subparagraph (A) of this section shall not be

reimbursable under this chapter; except that the Secretary shall

direct the reimbursement of medical claims for services rendered by

such physicians or health care providers in cases where the

services were rendered in an emergency.

(D) A determination under subparagraph (B) shall remain in effect

for a period of not less than three years and until the Secretary

finds and gives notice to the public that there is reasonable

assurance that the basis for the determination will not reoccur.

(E) A provider of a service, appliance, or supply shall provide

to the Secretary such information and certification as the

Secretary may require to assure that this subsection is enforced.

(2) Whenever the employer or carrier acquires knowledge of the

employee's injury, through written notice or otherwise as

prescribed by the chapter, the employer or carrier shall forthwith

authorize medical treatment and care from a physician selected by

an employee pursuant to subsection (b) of this section. An employee

may not select a physician who is on the list required by paragraph

(1) of this subsection. An employee may not change physicians after

his initial choice unless the employer, carrier, or deputy

commissioner has given prior consent for such change. Such consent

shall be given in cases where an employee's initial choice was not

of a specialist whose services are necessary for and appropriate to

the proper care and treatment of the compensable injury or disease.

In all other cases, consent may be given upon a showing of good

cause for change.

(d) Request of treatment or services prerequisite to recovery of

expenses; formal report of injury and treatment; suspension of

compensation for refusal of treatment or examination;

justification

(1) An employee shall not be entitled to recover any amount

expended by him for medical or other treatment or services unless -

(A) the employer shall have refused or neglected a request to

furnish such services and the employee has complied with

subsections (b) and (c) of this section and the applicable

regulations; or

(B) the nature of the injury required such treatment and

services and the employer or his superintendent or foreman having

knowledge of such injury shall have neglected to provide or

authorize same.

(2) No claim for medical or surgical treatment shall be valid and

enforceable against such employer unless, within ten days following

the first treatment, the physician giving such treatment furnishes

to the employer and the deputy commissioner a report of such injury

or treatment, on a form prescribed by the Secretary. The Secretary

may excuse the failure to furnish such report within the ten-day

period whenever he finds it to be in the interest of justice to do

so.

(3) The Secretary may, upon application by a party in interest,

make an award for the reasonable value of such medical or surgical

treatment so obtained by the employee.

(4) If at any time the employee unreasonably refuses to submit to

medical or surgical treatment, or to an examination by a physician

selected by the employer, the Secretary or administrative law judge

may, by order, suspend the payment of further compensation during

such time as such refusal continues, and no compensation shall be

paid at any time during the period of such suspension, unless the

circumstances justified the refusal.

(e) Physical examination; medical questions; report of physical

impairment; review or reexamination; costs

In the event that medical questions are raised in any case, the

Secretary shall have the power to cause the employee to be examined

by a physician employed or selected by the Secretary and to obtain

from such physician a report containing his estimate of the

employee's physical impairment and such other information as may be

appropriate. Any party who is dissatisfied with such report may

request a review or reexamination of the employee by one or more

different physicians employed or selected by the Secretary. The

Secretary shall order such review or reexamination unless he finds

that it is clearly unwarranted. Such review or reexamination shall

be completed within two weeks from the date ordered unless the

Secretary finds that because of extraordinary circumstances a

longer period is required. The Secretary shall have the power in

his discretion to charge the cost of examination or review under

this subsection to the employer, if he is a self-insurer, or to the

insurance company which is carrying the risk, in appropriate cases,

or to the special fund in section 944 of this title.

(f) Place of examination; exclusion of physicians other than

examining physician of Secretary; good cause for conclusions of

other physicians respecting impairment; examination by employer's

physician; suspension of proceedings and compensation for refusal

of examination

An employee shall submit to a physical examination under

subsection (e) of this section at such place as the Secretary may

require. The place, or places, shall be designated by the Secretary

and shall be reasonably convenient for the employee. No physician

selected by the employer, carrier, or employee shall be present at

or participate in any manner in such examination, nor shall

conclusions of such physicians as to the nature or extent of

impairment or the cause of impairment be available to the examining

physician unless otherwise ordered, for good cause, by the

Secretary. Such employer or carrier shall, upon request, be

entitled to have the employee examined immediately thereafter and

upon the same premises by a qualified physician or physicians in

the presence of such physician as the employee may select, if any.

Proceedings shall be suspended and no compensation shall be payable

for any period during which the employee may refuse to submit to

examination.

(g) Fees and charges for examinations, treatment, or service;

limitation; regulations

All fees and other charges for medical examinations, treatment,

or service shall be limited to such charges as prevail in the

community for such treatment, and shall be subject to regulation by

the Secretary. The Secretary shall issue regulations limiting the

nature and extent of medical expenses chargeable against the

employer without authorization by the employer or the Secretary.

(h) Third party liability

The liability of an employer for medical treatment as herein

provided shall not be affected by the fact that his employee was

injured through the fault or negligence of a third party not in the

same employ, or that suit has been brought against such third

party. The employer shall, however, have a cause of action against

such third party to recover any amounts paid by him for such

medical treatment in like manner as provided in section 933(b) of

this title.

(i) Physicians' ineligibility for subsection (e) physical

examinations and reviews because of workmen's compensation claim

employment or fee acceptance or participation

Unless the parties to the claim agree, the Secretary shall not

employ or select any physician for the purpose of making

examinations or reviews under subsection (e) of this section who,

during such employment, or during the period of two years prior to

such employment, has been employed by, or accepted or participated

in any fee relating to a workmen's compensation claim from any

insurance carrier or any self-insurer.

(j) Procedure; judicial review

(1) The Secretary shall have the authority to make rules and

regulations and to establish procedures, not inconsistent with the

provisions of this chapter, which are necessary or appropriate to

carry out the provisions of subsection (c) of this section,

including the nature and extent of the proof and evidence necessary

for actions under this section and the methods of taking and

furnishing such proof and evidence.

(2) Any decision to take action with respect to a physician or

health care provider under this section shall be based on specific

findings of fact by the Secretary. The Secretary shall provide

notice of these findings and an opportunity for a hearing pursuant

to section 556 of title 5 for a provider who would be affected by a

decision under this section. A request for a hearing must be filed

with the Secretary within thirty days after notice of the findings

is received by the provider making such request. If a hearing is

held, the Secretary shall, on the basis of evidence adduced at the

hearing, affirm, modify, or reverse the findings of fact and

proposed action under this section.

(3) For the purpose of any hearing, investigation, or other

proceeding authorized or directed under this section, the

provisions of section (!1) 49 and 50 of title 15 (relating to the

attendance of witnesses and the production of books, papers, and

documents) shall apply to the jurisdiction, powers, and duties of

the Secretary or any officer designated by him.

(4) Any physician or health care provider, after any final

decision of the Secretary made after a hearing to which he was a

party, irrespective of the amount in controversy, may obtain a

review of such decision by a civil action commenced within sixty

days after the mailing to him of notice of such decision, but the

pendency of such review shall not operate as a stay upon the effect

of such decision. Such action shall be brought in the court of

appeals of the United States for the judicial circuit in which the

plaintiff resides or has his principal place of business, or the

Court of Appeals for the District of Columbia. As part of his

answer, the Secretary shall file a certified copy of the transcript

of the record of the hearing, including all evidence submitted in

connection therewith. The findings of fact of the Secretary, if

based on substantial evidence in the record as a whole, shall be

conclusive.

(k) Refusal of treatment on religious grounds

(1) Nothing in this chapter prevents an employee whose injury or

disability has been established under this chapter from relying in

good faith on treatment by prayer or spiritual means alone, in

accordance with the tenets and practice of a recognized church or

religious denomination, by an accredited practitioner of such

recognized church or religious denomination, and on nursing

services rendered in accordance with such tenets and practice,

without suffering loss or diminution of the compensation or

benefits under this chapter. Nothing in this subsection shall be

construed to except an employee from all physical examinations

required by this chapter.

(2) If an employee refuses to submit to medical or surgical

services solely because, in adherence to the tenets and practice of

a recognized church or religious denomination, the employee relies

upon prayer or spiritual means alone for healing, such employee

shall not be considered to have unreasonably refused medical or

surgical treatment under subsection (d) of this section.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 7, 44 Stat. 1427; May 26, 1934, ch.

354, Sec. 1, 48 Stat. 806; June 25, 1938, ch. 685, Secs. 2, 3, 52

Stat. 1165; Pub. L. 86-757, Sept. 13, 1960, 74 Stat. 900; Pub. L.

92-576, Sec. 6, Oct. 27, 1972, 86 Stat. 1254; Pub. L. 98-426, Sec.

7, Sept. 28, 1984, 98 Stat. 1642.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-426, Sec. 7(a), inserted "or where

the charges exceed those prevailing within the community for the

same or similar services or exceed the provider's customary

charges".

Subsec. (c). Pub. L. 98-426, Sec. 7(b), substituted provisions

respecting physicians and health care providers not authorized to

render medical care or services under this chapter for former

provision respecting physicians designated by the Secretary as

authorized to render such care and whose names shall be available

to employees through posting or in such other form as the Secretary

may prescribe.

Subsec. (d). Pub. L. 98-426, Sec. 7(c), substituted provisions

for the recovery by the employee of amounts spent on medical

services which the employer failed to provide; for the procedure to

be followed for recovery; and for suspension of any payments made

if the employee unreasonably refuses to submit to treatment or

examination for former provisions which required a request for

treatment or services and the filing of a physician's report for

recovery, and permitted the Secretary to excuse a failure to file a

report when justified and to suspend payment if the employee

unreasonably refuses treatment or examination.

Subsec. (j). Pub. L. 98-426, Sec. 7(d), added subsec. (j).

Subsec. (k). Pub. L. 98-426, Sec. 7(e), added subsec. (k).

1972 - Subsec. (a). Pub. L. 92-576 reenacted provisions without

change.

Subsec. (b). Pub. L. 92-576, substituted provisions for

employee's choosing of an attending physician authorized by the

Secretary, for prior provisions for such a choosing from a panel of

physicians named by the employer and employer's selection of a

physician for an employee when nature of injury requires immediate

medical treatment and care for prior provisions for employer's

selection of a physician from the panel; required Secretary's

supervision of medical care rendered and periodic reports of

medical care furnished; provided for initiative of the Secretary or

the request of the employer for making change of hospitals or

physicians and that the change be in the interest of the employee;

provided for change of physicians pursuant to regulations of the

Secretary; and deleted prior provision authorizing a second choice

of a physician from the panel and for selection of physicians for

specialized services.

Subsec. (c). Pub. L. 92-576 substituted provisions respecting

Secretary's designation of physicians in community authorized to

render medical care and posting of their names for prior provisions

respecting deputy commissioner's determination of size of panel of

physicians (named by employer) following statutory criteria and

approval of their qualifications, and requirement of posting of

names and addresses of physicians so as to afford reasonable

notice.

Subsec. (d). Pub. L. 92-576 substituted the Secretary for the

deputy commissioner as the person to exercise the various

authorities, struck out introductory provisions respecting

employer's failure to maintain a panel of physicians for

examination purposes or to permit the employee to choose an

attending physician from the panel and employee's procurement of

treatment and services and selection of a physician at expense of

employer, decreased from twenty to ten days the period within which

to make the formal report of injury and treatment, and authorized

suspension of compensation for refusal to submit to an examination

by a physician of the employer.

Subsec. (e). Pub. L. 92-576 substituted provisions respecting

physical examination to determine medical questions by a physician

employed or selected by the Secretary, such physician's report of

the physical impairment, review or reexamination of the employee,

and the charging of costs to an employer, who is a self-insurer, or

the insurance company carrying the risk or the special fund for

prior provisions respecting examination of employee by a physician

selected by the deputy commissioner (who shall submit a report of

the disability) whenever the deputy commissioner was of the opinion

that the employer's physician was partial in his estimate of the

degree of permanent disability or the extent of temporary

disability and charging cost of examination to the employer, if he

was a self-insurer, or to the insurance company which was carrying

the risk when the physician's estimate was not impartial.

Subsec. (f). Pub. L. 92-576 added subsec. (f). Former subsec. (f)

redesignated (g).

Subsec. (g). Pub. L. 92-576 redesignated former subsec. (f) as

(g) and substituted "medical examinations, treatment, or service"

for "such treatment or service", "charges as prevail in the

community for such treatment" for "charges as prevail in the same

community for similar treatment of injured persons of like standard

of living", "regulation by the Secretary" for "regulation by the

deputy commissioner", and prescribed issuance of regulations

respecting medical expenses chargeable against employer. Former

subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 92-576 redesignated former subsec. (g) as

(h) and inserted "that" before "suit".

Subsec. (i). Pub. L. 92-576 added subsec. (i).

1960 - Subsec. (a). Pub. L. 86-757 designated first sentence as

subsec. (a). Remainder of former subsec. (a) redesignated (d).

Subsecs. (b), (c). Pub. L. 86-757 added subsecs. (b) and (c).

Former subsecs. (b) and (c) redesignated (e) and (f).

Subsec. (d). Pub. L. 86-757 redesignated all but first sentence

of former subsec. (a) as (d), substituting "If the employer fails

to provide the medical or other treatment, services, and supplies

required to be furnished by subsec. (a) of this section, after

request by the injured employee, or fails to maintain a panel of

physicians as required by subsec. (c) of this section, or fails to

permit the employee to choose an attending physician from such

panel, such injured employee may procure such medical or other

treatment, services, and supplies and select a physician to render

treatment and services at the expense of the employer" for "If the

employer fails to provide the same, after request by the injured

employee, such injured employee may do so at the expense of the

employer." Former subsec. (d) redesignated (g).

Subsecs. (e) to (g). Pub. L. 86-757 redesignated former subsecs.

(b) to (d) as (e) to (g), striking out "unless and until notice of

election to sue has been given as required by section 933(a) of

this title" and "without the giving of such notice" before and

after "or suit has been brought against such third party" in

subsec. (g).

1938 - Subsec. (a). Act June 25, 1938, Sec. 2, authorized deputy

commissioner to excuse failure to furnish prescribed medical

report.

Subsec. (d). Act June 25, 1938, Sec. 3, added subsec. (d).

1934 - Subsec. (a). Act May 26, 1934, authorized deputy

commissioner to suspend payment of compensation for refusal,

without justification, to submit to medical or surgical treatment.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 7(a), (e) of Pub. L. 98-426 effective 90

days after Sept. 28, 1984, and applicable both with respect to

claims filed after such 90th day and to claims pending on such 90th

day, and amendment by section 7(b)-(d) of Pub. L. 98-426 effective

90 days after Sept. 28, 1984, see section 28(b), (e)(2) of Pub. L.

98-426, set out as a note under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

CLAIMS FILED UNDER BLACK LUNG BENEFITS ACT

Section 28(h)(1) of Pub. L. 98-426 provided that: "The amendments

made by section 7 of this Act [amending this section] shall not

apply to claims filed under the Black Lung Benefits Act (30 U.S.C.

901 et seq.)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 904, 906, 928, 931, 933,

944 of this title; title 30 section 932.

-FOOTNOTE-

(!1) So in original. Probably should be "sections".

-End-

-CITE-

33 USC Sec. 908 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 908. Compensation for disability

-STATUTE-

Compensation for disability shall be paid to the employee as

follows:

(a) Permanent total disability: In case of total disability

adjudged to be permanent 66 2/3 per centum of the average weekly

wages shall be paid to the employee during the continuance of such

total disability. Loss of both hands, or both arms, or both feet,

or both legs, or both eyes, or of any two thereof shall, in the

absence of conclusive proof to the contrary, constitute permanent

total disability. In all other cases permanent total disability

shall be determined in accordance with the facts.

(b) Temporary total disability: In case of disability total in

character but temporary in quality 66 2/3 per centum of the

average weekly wages shall be paid to the employee during the

continuance thereof.

(c) Permanent partial disability: In case of disability partial

in character but permanent in quality the compensation shall be 66

2/3 per centum of the average weekly wages, which shall be in

addition to compensation for temporary total disability or

temporary partial disability paid in accordance with subsection (b)

or subsection (e) of this section, respectively, and shall be paid

to the employee, as follows:

(1) Arm lost, three hundred and twelve weeks' compensation.

(2) Leg lost, two hundred and eighty-eight weeks' compensation.

(3) Hand lost, two hundred and forty-four weeks' compensation.

(4) Foot lost, two hundred and five weeks' compensation.

(5) Eye lost, one hundred and sixty weeks' compensation.

(6) Thumb lost, seventy-five weeks' compensation.

(7) First finger lost, forty-six weeks' compensation.

(8) Great toe lost, thirty-eight weeks' compensation.

(9) Second finger lost, thirty weeks' compensation.

(10) Third finger lost, twenty-five weeks' compensation.

(11) Toe other than great toe lost, sixteen weeks'

compensation.

(12) Fourth finger lost, fifteen weeks' compensation.

(13) Loss of hearing:

(A) Compensation for loss of hearing in one ear, fifty-two

weeks.

(B) Compensation for loss of hearing in both ears,

two-hundred weeks.

(C) An audiogram shall be presumptive evidence of the amount

of hearing loss sustained as of the date thereof, only if (i)

such audiogram was administered by a licensed or certified

audiologist or a physician who is certified in otolaryngology,

(ii) such audiogram, with the report thereon, was provided to

the employee at the time it was administered, and (iii) no

contrary audiogram made at that time is produced.

(D) The time for filing a notice of injury, under section 912

of this title, or a claim for compensation, under section 913

of this title, shall not begin to run in connection with any

claim for loss of hearing under this section, until the

employee has received an audiogram, with the accompanying

report thereon, which indicates that the employee has suffered

a loss of hearing.

(E) Determinations of loss of hearing shall be made in

accordance with the guides for the evaluation of permanent

impairment as promulgated and modified from time to time by the

American Medical Association.

(14) Phalanges: Compensation for loss of more than one phalange

of a digit shall be the same as for loss of the entire digit.

Compensation for loss of the first phalange shall be one-half of

the compensation for loss of the entire digit.

(15) Amputated arm or leg: Compensation for an arm or a leg, if

amputated at or above the elbow or the knee, shall be the same as

for a loss of the arm or leg; but, if amputated between the elbow

and the wrist or the knee and the ankle, shall be the same as for

loss of a hand or foot.

(16) Binocular vision or per centum of vision: Compensation for

loss of binocular vision or for 80 per centum or more of the

vision of an eye shall be the same as for loss of the eye.

(17) Two or more digits: Compensation for loss of two or more

digits, or one or more phalanges of two or more digits, of a hand

or foot may be proportioned to the loss of use of the hand or

foot occasioned thereby, but shall not exceed the compensation

for loss of a hand or foot.

(18) Total loss of use: Compensation for permanent total loss

of use of a member shall be the same as for loss of the member.

(19) Partial loss or partial loss of use: Compensation for

permanent partial loss or loss of use of a member may be for

proportionate loss or loss of use of the member.

(20) Disfigurement: Proper and equitable compensation not to

exceed $7,500 shall be awarded for serious disfigurement of the

face, head, or neck or of other normally exposed areas likely to

handicap the employee in securing or maintaining employment.

(21) Other cases: In all other cases in the class of

disability, the compensation shall be 66 2/3 per centum of the

difference between the average weekly wages of the employee and

the employee's wage-earning capacity thereafter in the same

employment or otherwise, payable during the continuance of

partial disability.

(22) In any case in which there shall be a loss of, or loss of

use of, more than one member or parts of more than one member set

forth in paragraphs (1) to (19) of this subsection, not amounting

to permanent total disability, the award of compensation shall be

for the loss of, or loss of use of, each such member or part

thereof, which awards shall run consecutively, except that where

the injury affects only two or more digits of the same hand or

foot, paragraph (17) of this subsection shall apply.

(23) Notwithstanding paragraphs (1) through (22), with respect

to a claim for permanent partial disability for which the average

weekly wages are determined under section 910(d)(2) of this

title, the compensation shall be 66 2/3 per centum of such

average weekly wages multiplied by the percentage of permanent

impairment, as determined under the guides referred to in section

902(10) of this title, payable during the continuance of such

impairment.

(d)(1) If an employee who is receiving compensation for permanent

partial disability pursuant to subsection (c)(1)-(20) of this

section dies from causes other than the injury, the total amount of

the award unpaid at the time of death shall be payable to or for

the benefit of his survivors, as follows:

(A) if the employee is survived only by a widow or widower,

such unpaid amount of the award shall be payable to such widow or

widower,

(B) if the employee is survived only by a child or children,

such unpaid amount of the award shall be paid to such child or

children in equal shares,

(C) if the employee is survived by a widow or widower and a

child or children, such unpaid amount of the award shall be

payable to such survivors in equal shares,

(D) if there be no widow or widower and no surviving child or

children, such unpaid amount of the award shall be paid to the

survivors specified in section 909(d) of this title (other than a

wife, husband, or child); and the amount to be paid each such

survivor shall be determined by multiplying such unpaid amount of

the award by the appropriate percentage specified in section

909(d) of this title, but if the aggregate amount to which all

such survivors are entitled, as so determined, is less than such

unpaid amount of the award, the excess amount shall be divided

among such survivors pro rata according to the amount otherwise

payable to each under this subparagraph.

(2) Notwithstanding any other limitation in section 909 of this

title, the total amount of any award for permanent partial

disability pursuant to subsection (c)(1)-(20) of this section

unpaid at time of death shall be payable in full in the appropriate

distribution.

(3) An award for disability may be made after the death of the

injured employee. Except where compensation is payable under

subsection (c)(21) of this section if there be no survivors as

prescribed in this section, then the compensation payable under

this subsection shall be paid to the special fund established under

section 944(a) of this title.

(e) Temporary partial disability: In case of temporary partial

disability resulting in decrease of earning capacity the

compensation shall be two-thirds of the difference between the

injured employee's average weekly wages before the injury and his

wage-earning capacity after the injury in the same or another

employment, to be paid during the continuance of such disability,

but shall not be paid for a period exceeding five years.

(f) Injury increasing disability:

(1) In any case in which an employee having an existing

permanent partial disability suffers injury, the employer shall

provide compensation for such disability as is found to be

attributable to that injury based upon the average weekly wages

of the employee at the time of the injury. If following an injury

falling within the provisions of subsection (c)(1)-(20) of this

section, the employee is totally and permanently disabled, and

the disability is found not to be due solely to that injury, the

employer shall provide compensation for the applicable prescribed

period of weeks provided for in that section for the subsequent

injury, or for one hundred and four weeks, whichever is the

greater, except that, in the case of an injury falling within the

provisions of subsection (c)(13) of this section, the employer

shall provide compensation for the lesser of such periods. In all

other cases of total permanent disability or of death, found not

to be due solely to that injury, of an employee having an

existing permanent partial disability, the employer shall provide

in addition to compensation under subsections (b) and (e) of this

section, compensation payments or death benefits for one hundred

and four weeks only. If following an injury falling within the

provisions of subsection (c)(1)-(20) of this section, the

employee has a permanent partial disability and the disability is

found not to be due solely to that injury, and such disability is

materially and substantially greater than that which would have

resulted from the subsequent injury alone, the employer shall

provide compensation for the applicable period of weeks provided

for in that section for the subsequent injury, or for one hundred

and four weeks, whichever is the greater, except that, in the

case of an injury falling within the provisions of subsection

(c)(13) of this section, the employer shall provide compensation

for the lesser of such periods.

In all other cases in which the employee has a permanent

partial disability, found not to be due solely to that injury,

and such disability is materially and substantially greater than

that which would have resulted from the subsequent injury alone,

the employer shall provide in addition to compensation under

subsections (b) and (e) of this section, compensation for one

hundred and four weeks only.

(2)(A) After cessation of the payments for the period of weeks

provided for herein, the employee or his survivor entitled to

benefits shall be paid the remainder of the compensation that

would be due out of the special fund established in section 944

of this title, except that the special fund shall not assume

responsibility with respect to such benefits (and such payments

shall not be subject to cessation) in the case of any employer

who fails to comply with section 932(a) of this title.

(B) After cessation of payments for the period of weeks

provided for in this subsection, the employer or carrier

responsible for payment of compensation shall remain a party to

the claim, retain access to all records relating to the claim,

and in all other respects retain all rights granted under this

chapter prior to cessation of such payments.

(3) Any request, filed after September 28, 1984, for

apportionment of liability to the special fund established under

section 944 of this title for the payment of compensation

benefits, and a statement of the grounds therefore, shall be

presented to the deputy commissioner prior to the consideration

of the claim by the deputy commissioner. Failure to present such

request prior to such consideration shall be an absolute defense

to the special fund's liability for the payment of any benefits

in connection with such claim, unless the employer could not have

reasonably anticipated the liability of the special fund prior to

the issuance of a compensation order.

(g) Maintenance for employees undergoing vocational

rehabilitation: An employee who as a result of injury is or may be

expected to be totally or partially incapacitated for a

remunerative occupation and who, under the direction of the

Secretary as provided by section 939(c) of this title, is being

rendered fit to engage in a remunerative occupation, shall receive

additional compensation necessary for his maintenance, but such

additional compensation shall not exceed $25 a week. The expense

shall be paid out of the special fund established in section 944 of

this title.

(h) The wage-earning capacity of an injured employee in cases of

partial disability under subsection (c)(21) of this section or

under subsection (e) of this section shall be determined by his

actual earnings if such actual earnings fairly and reasonably

represent his wage-earning capacity: Provided, however, That if the

employee has no actual earnings or his actual earnings do not

fairly and reasonably represent his wage-earning capacity, the

deputy commissioner may, in the interest of justice, fix such

wage-earning capacity as shall be reasonable, having due regard to

the nature of his injury, the degree of physical impairment, his

usual employment, and any other factors or circumstances in the

case which may affect his capacity to earn wages in his disabled

condition, including the effect of disability as it may naturally

extend into the future.

(i)(1) Whenever the parties to any claim for compensation under

this chapter, including survivors benefits, agree to a settlement,

the deputy commissioner or administrative law judge shall approve

the settlement within thirty days unless it is found to be

inadequate or procured by duress. Such settlement may include

future medical benefits if the parties so agree. No liability of

any employer, carrier, or both for medical, disability, or death

benefits shall be discharged unless the application for settlement

is approved by the deputy commissioner or administrative law judge.

If the parties to the settlement are represented by counsel, then

agreements shall be deemed approved unless specifically disapproved

within thirty days after submission for approval.

(2) If the deputy commissioner disapproves an application for

settlement under paragraph (1), the deputy commissioner shall issue

a written statement within thirty days containing the reasons for

disapproval. Any party to the settlement may request a hearing

before an administrative law judge in the manner prescribed by this

chapter. Following such hearing, the administrative law judge shall

enter an order approving or rejecting the settlement.

(3) A settlement approved under this section shall discharge the

liability of the employer or carrier, or both. Settlements may be

agreed upon at any stage of the proceeding including after entry of

a final compensation order.

(4) The special fund shall not be liable for reimbursement of any

sums paid or payable to an employee or any beneficiary under such

settlement, or otherwise voluntarily paid prior to such settlement

by the employer or carrier, or both.

(j)(1) The employer may inform a disabled employee of his

obligation to report to the employer not less than semiannually any

earnings from employment or self-employment, on such forms as the

Secretary shall specify in regulations.

(2) An employee who -

(A) fails to report the employee's earnings under paragraph (1)

when requested, or

(B) knowingly and willfully omits or understates any part of

such earnings,

and who is determined by the deputy commissioner to have violated

clause (A) or (B) of this paragraph, forfeits his right to

compensation with respect to any period during which the employee

was required to file such report.

(3) Compensation forfeited under this subsection, if already

paid, shall be recovered by a deduction from the compensation

payable to the employee in any amount and on such schedule as

determined by the deputy commissioner.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 8, 44 Stat. 1427; May 26, 1934, ch.

354, Secs. 2, 3, 48 Stat. 806; June 25, 1938, ch. 685, Secs. 4, 5,

52 Stat. 1165; June 24, 1948, ch. 623, Sec. 2, 62 Stat. 602; July

26, 1956, ch. 735, Secs. 2, 3, 70 Stat. 655; Pub. L. 92-576, Secs.

5(c), 7, 9, 20(a), Oct. 27, 1972, 86 Stat. 1253, 1255, 1257, 1264;

Pub. L. 98-426, Secs. 8, 27(a)(2), Sept. 28, 1984, 98 Stat. 1644,

1654.)

-MISC1-

AMENDMENTS

1984 - Subsec. (c)(13). Pub. L. 98-426, Sec. 8(a), redesignated

compensation for loss of hearing in one ear as subpar. (A) and for

loss in both ears as subpar. (B) and added subpars. (C), (D), and

(E) respecting establishing proof of hearing loss.

Subsec. (c)(20). Pub. L. 98-426, Sec. 8(b), substituted "$7,500"

for "$3,500".

Subsec. (c)(21). Pub. L. 98-426, Sec. 8(c)(1), substituted "the

average weekly wages of the employee and the employee's" for "his

average weekly wages and his"; and struck out ", but subject to

reconsideration of the degree of such impairment by the deputy

commissioner on his own motion or upon application of any party in

interest".

Subsec. (c)(23). Pub. L. 98-426, Sec. 8(c)(2), added par. (23).

Subsec. (d)(3), (4). Pub. L. 98-426, Sec. 8(d), redesignated par.

(4) as par. (3). Former par. (3), which provided that if an

employee who was receiving compensation for permanent partial

disability pursuant to subsection (c)(21) of this section died from

causes other than the injury, his survivors would receive death

benefits as provided in section 909(b)-(g) of this title, except

that the percentage figures therein would be applied to the weekly

compensation payable to the employee at the time of his death

multiplied by 1.5, rather than to his average weekly wages, was

struck out.

Subsec. (f)(1). Pub. L. 98-426, Sec. 8(e)(1), inserted at end of

second and fourth sentences ", except that, in the case of an

injury falling within the provisions of section 908(c)(3) of this

title, the employer shall provide compensation for the lesser of

such periods".

Subsec. (f)(2)(A). Pub. L. 98-426, Sec. 8(e)(2), designated

existing provisions of par. (2) as subpar. (A).

Pub. L. 98-426, Sec. 8(e)(3), inserted ", except that the special

fund shall not assume responsibility with respect to such benefits

(and such payments shall not be subject to cessation) in the case

of any employer who fails to comply with section 932(a) of this

title".

Subsec. (f)(2)(B). Pub. L. 98-426, Sec. 8(e)(4), added subpar.

(B).

Subsec. (f)(3). Pub. L. 98-426, Sec. 8(e)(5), added par. (3).

Subsec. (g). Pub. L. 98-426, Sec. 27(a)(2), substituted

"Secretary" for "commission". See Transfer of Functions note set

out under section 902 of this title.

Subsec. (i)(1) to (3). Pub. L. 98-426, Sec. 8(f), substituted

pars. (1) to (3) respecting procedures for approval of a settlement

by the deputy commissioner or administrative law judge for former

pars. (A) and (B) respecting settlements approved by the deputy

commissioner or Secretary.

Subsec. (i)(4). Pub. L. 98-426, Sec. 8(g), added par. (4).

Subsec. (j). Pub. L. 98-426, Sec. 8(h), added subsec. (j).

1972 - Subsec. (c)(20). Pub. L. 92-576, Sec. 7, included

compensation for serious disfigurement of the neck and other

normally exposed areas likely to handicap the employee in securing

or maintaining employment.

Subsec. (d). Pub. L. 92-576, Sec. 5(c), in revising provisions

substituted par. (1), subpars. (A) to (D) and pars. (2) to (4) for

former provisions having an introductory par. and pars. (1) to (5),

making the following changes:

Par. (1) incorporated former introductory par. providing for

payments to survivors rather than for payments "for the benefit

of the persons after"; subpar. (A) incorporated former par. (1)

providing for a widower rather than dependent husband;

Subpar. (B) incorporated former par. (4), striking out

reference to children under eighteen years, and providing for

payment in equal shares;

Subpar. (C) incorporated former par. (2) for payment in equal

shares rather than one half to surviving wife or dependent

husband and one half to surviving child or children, substituting

reference to "widow or widower" for "surviving wife or dependent

husband", and striking out reference to "surviving" before "child

or children";

Subpar. (D) added;

Pars. (2) and (3) added and former par. (3) struck out, such

par. making it discretionary with the deputy commissioner to

appoint a guardian for receipt of minor child's compensation; and

Par. (4) incorporated former par. (5), inserting provision for

payment of compensation to the special fund except where payable

under subsec. (c)(21) of this section.

Subsec. (f)(1). Pub. L. 92-576, Sec. 9(a) added par. (1) and

struck out former par. (1) which provided that if an employee

received an injury which of itself would only cause permanent

partial disability but which, combined with a previous disability

did in fact cause permanent total disability, the employer should

provide compensation only for the disability caused by the

subsequent injury, and proviso of such former par. (1) providing

that in addition to compensation for the permanent partial

disability, and after the cessation of the payments for the

prescribed period of weeks, the employee should be paid the

remainder of the compensation that would be due for permanent total

disability and provision that additional compensation should be

paid out of the special fund established in section 944 of this

title. See par. (2) of this subsection.

Subsec. (f)(2). Pub. L. 92-576, Sec. 9, incorporated proviso of

first sentence and second sentence of former par. (1) in provisions

designated as par. (2) and struck out former par. (2) which stated

that in all other cases in which, following a previous disability,

an employee received an injury which was not covered by former par.

(1), the employer should provide compensation only for the

disability caused by the subsequent injury, and in determining

compensation for the subsequent injury or for death resulting

therefrom, the average weekly wages should be such sum as would

reasonably represent the earning capacity of the employee at the

time of the subsequent injury. See par. (1) of this subsection.

Subsec. (i). Pub. L. 92-576, Sec. 20(a), designated existing

provisions as subpar. (A), substituted "Whenever" for "In cases

under subsection (c)(21) and subsection (e) of this section,

whenever", "he may approve" for "he may, with the approval of the

Secretary, approve", and "deputy commissioner" for "Secretary", and

struck out after "Provided," where first appearing "That the sum so

agreed upon shall be payable in installments as provided in section

914(b) of this title, which installments shall be subject to

commutation under section 914(j) of this title; And provided

further," and added subpar. (B).

1956 - Subsec. (c). Act July 26, 1956, Sec. 2, increased periods

in schedule of compensation as follows:

Par. (1) Arm lost, increased from two hundred and eighty to

three hundred and twelve weeks' compensation.

Par. (2) Leg lost, increased from two hundred and forty-eight

to two hundred and eighty-eight weeks' compensation.

Par. (3) Hand lost, increased from two hundred and twelve to

two hundred and forty-four weeks' compensation.

Par. (4) Foot lost, increased from one hundred and

seventy-three weeks to two hundred and five weeks' compensation.

Par. (5) Eye lost, increased from one hundred and forty to one

hundred and sixty weeks' compensation.

Par. (6) Thumb lost, increased from fifty-one to seventy-five

weeks' compensation.

Par. (7) First finger lost, increased from twenty-eight to

forty-six weeks' compensation.

Par. (8) Great toe lost, increased from twenty-six to

thirty-eight weeks' compensation.

Par. (9) Second finger lost, increased from eighteen to thirty

weeks' compensation.

Par. (10) Third finger lost, increased from seventeen to

twenty-five weeks' compensation.

Par. (11) Toe other than great toe lost, increased from eight

to sixteen weeks' compensation.

Par. (12) Fourth finger lost, increased from seven to fifteen

weeks' compensation.

Subsec. (g). Act July 26, 1956, Sec. 3, substituted "$25" for

"$10".

1948 - Subsec. (c). Act June 24, 1948, inserted in opening par.

"or temporary partial disability", "or subsection (e)", and

"respectively".

1938 - Subsec. (c). Act June 25, 1938, Sec. 4, in par. (22),

inserted exception clause.

Subsecs. (h), (i). Act June 25, 1938, Sec. 5 added subsecs. (h)

and (i).

1934 - Subsec. (c). Act May 26, 1934, Sec. 2, inserted in opening

par. "which shall be in addition to compensation for temporary

total disability paid in accordance with subsection (b) of this

section" and decreased periods in schedule of compensation of pars.

(1) to (12).

Subsec. (c). Act May 26, 1934, Sec. 3, substituted new par. (22),

providing that "In any case in which there shall be a loss of, or

loss of use of, more than one member or parts of more than one

member set forth in paragraphs (1) to (19) of this subdivision, not

amounting to permanent total disability, the award of compensation

shall be for the loss of, or loss of use of, each such member or

part thereof, which awards shall run consecutively.", for former

provisions, providing that "In case of temporary total disability

and permanent partial disability, both resulting from the same

injury, if the temporary total disability continues for a longer

period than the number of weeks set forth in the following

schedule, the period of temporary total disability in excess of

such number of weeks shall be added to the compensation period

provided in this subdivision: Arm, thirty-two weeks; leg, forty

weeks; hand, thirty-two weeks; foot, thirty-two weeks; eye, twenty

weeks; thumb, twenty-four weeks; first finger, eighteen weeks;

great toe, twelve weeks; second finger, twelve weeks; third finger,

eight weeks; fourth finger, eight weeks; toe other than great toe,

eight weeks.

"In any case resulting in loss or partial loss of arm, leg, hand,

foot, eye, thumb, finger, or toe, where the temporary total

disability does not extend beyond the periods above mentioned for

such injury, compensation shall be limited to the schedule

contained in this subdivision."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 8(a), (c)(2), (e)(1), (2) of Pub. L. 98-426

effective Sept. 28, 1984, and applicable both with respect to

claims filed after such date and to claims pending on such date,

amendment by section 8(b) of Pub. L. 98-426 applicable with respect

to any injury after Sept. 28, 1984, amendment by sections 8(c)(1),

(e)(4), (5), (g), and 27(a)(2) of Pub. L. 98-426 effective Sept.

28, 1984, amendment by section 8(d) of Pub. L. 98-426 applicable

with respect to any death after Sept. 28, 1984, amendment by

section 8(f) of Pub. L. 98-426 effective 90 days after Sept. 28,

1984, and applicable both with respect to claims filed after such

90th day and to claims pending on such 90th day, and amendment by

section 8(h) of Pub. L. 98-426 effective 90 days after Sept. 28,

1984, see section 28(a)-(e) of Pub. L. 98-426, set out as a note

under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 26, 1956, applicable only with respect to

injuries and death occurring on or after July 26, 1956, see section

9 of act July 26, 1956, set out as a note under section 906 of this

title.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment by act June 24, 1948, applicable to death or injuries

occurring after June 24, 1948, see section 6 of act June 24, 1948,

set out as a note under section 906 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 904, 922, 944 of this

title; title 30 section 932; title 42 sections 1652, 1702.

-End-

-CITE-

33 USC Sec. 909 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 909. Compensation for death

-STATUTE-

If the injury causes death, the compensation therefore shall be

known as a death benefit and shall be payable in the amount and to

or for the benefit of the persons following:

(a) Reasonable funeral expenses not exceeding $3,000.

(b) If there be a widow or widower and no child of the deceased,

to such widow or widower 50 per centum of the average wages of the

deceased, during widowhood, or dependent widowerhood, with two

years' compensation in one sum upon remarriage; and if there be a

surviving child or children of the deceased, the additional amount

of 16 2/3 per centum of such wages for each such child; in case of

the death or remarriage of such widow or widower, if there be one

surviving child of the deceased employee, such child shall have his

compensation increased to 50 per centum of such wages, and if there

be more than one surviving child of the deceased employee, to such

children, in equal parts, 50 per centum of such wages increased by

16 2/3 per centum of such wages for each child in excess of one:

Provided, That the total amount payable shall in no case exceed 66

2/3 per centum of such wages. The deputy commissioner having

jurisdiction over the claim may, in his discretion, require the

appointment of a guardian for the purpose of receiving the

compensation of a minor child. In the absence of such a requirement

the appointment of a guardian for such purposes shall not be

necessary.

(c) If there be one surviving child of the deceased, but no widow

or widower, then for the support of such child 50 per centum of the

wages of the deceased; and if there be more than one surviving

child of the deceased, but no widow or dependent husband, then for

the support of such children, in equal parts 50 per centum of such

wages increased by 16 2/3 per centum of such wages for each child

in excess of one: Provided, That the total amount payable shall in

no case exceed 66 2/3 per centum of such wages.

(d) If there be no surviving wife or husband or child, or if the

amount payable to a surviving wife or husband and to children shall

be less in the aggregate than 66 2/3 per centum of the average

wages of the deceased; then for the support of grandchildren or

brothers and sisters, if dependent upon the deceased at the time of

the injury, and any other persons who satisfy the definition of the

term "dependent" in section 152 of title 26, but are not otherwise

eligible under this section, 20 per centum of such wages for the

support of each such person during such dependency and for the

support of each parent, or grandparent, of the deceased if

dependent upon him at the time of the injury, 25 per centum of such

wages during such dependency. But in no case shall the aggregate

amount payable under this subsection exceed the difference between

66 2/3 per centum of such wages and the amount payable as

hereinbefore provided to widow or widower and for the support of

surviving child or children.

(e) In computing death benefits, the average weekly wages of the

deceased shall not be less than the national average weekly wage as

prescribed in section 906(b) of this title, but -

(1) the total weekly benefits shall not exceed the lesser of

the average weekly wages of the deceased or the benefit which the

deceased employee would have been eligible to receive under

section 906(b)(1) of this title; and

(2) in the case of a claim based on death due to an

occupational disease for which the time of injury (as determined

under section 910(i) of this title) occurs after the employee has

retired, the total weekly benefits shall not exceed one

fifty-second part of the employee's average annual earnings

during the 52-week period preceding retirement.

(f) All questions of dependency shall be determined as of the

time of the injury.

(g) Aliens: Compensation under this chapter to aliens not

residents (or about to become nonresidents) of the United States or

Canada shall be the same in amount as provided for residents,

except that dependents in any foreign country shall be limited to

surviving wife and child or children, or if there be no surviving

wife or child or children, to surviving father or mother whom the

employee has supported, either wholly or in part, for the period of

one year prior to the date of the injury, and except that the

Secretary may, at his option or upon the application of the

insurance carrier shall, commute all future installments of

compensation to be paid to such aliens by paying or causing to be

paid to them one-half of the commuted amount of such future

installments of compensation as determined by the Secretary.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 9, 44 Stat. 1429; June 25, 1938, ch.

685, Sec. 6, 52 Stat. 1166; June 24, 1948, ch. 623, Sec. 3, 62

Stat. 602; July 26, 1956, ch. 735, Sec. 4, 70 Stat. 655; Pub. L.

87-87, Sec. 2, July 14, 1961, 75 Stat. 203; Pub. L. 92-576, Secs.

5(d), 10, 20(c)(2), Oct. 27, 1972, 86 Stat. 1253, 1257, 1265; Pub.

L. 98-426, Secs. 9, 27(a)(2), Sept. 28, 1984, 98 Stat. 1647, 1654.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426, Sec. 9(a), amended generally provision

preceding subsec. (a), striking out "or if the employee who

sustains permanent total disability due to the injury thereafter

dies from causes other than the injury," after "injury causes

death".

Subsec. (a). Pub. L. 98-426, Sec. 9(b), substituted "$3,000" for

"$1,000".

Subsec. (e). Pub. L. 98-426, Sec. 9(c), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "In

computing death benefits the average weekly wages of the deceased

shall be considered to have been not less than the applicable

national average weekly wage as prescribed in section 906(b) of

this title but the total weekly benefits shall not exceed the

average weekly wages of the deceased".

Subsec. (g). Pub. L. 98-426, Sec. 27(a)(2), substituted

"Secretary" for "commission". See Transfer of Functions note set

out under section 902 of this title.

1972 - Pub. L. 92-576, Sec. 5(d), added to introductory provision

that the compensation shall be known as a death benefit if the

employee who sustains permanent total disability due to the injury

thereafter dies from causes other than the injury.

Subsec. (a). Pub. L. 92-576, Sec. 10(a), substituted "$1,000" for

"$400".

Subsec. (b). Pub. L. 92-576, Secs. 10(b), 20(c)(2), substituted

"50" for "35" per centum in three places and "16 2/3 " for "15" per

centum in two places and "widow or widower" for "surviving wife or

dependent husband" in three places.

Subsec. (c). Pub. L. 92-576, Secs. 10(b), 20(c)(2), substituted

"50" for "35" per centum in two places and "16 2/3 " for "15" per

centum and "widow or widower" for "surviving wife or dependent

husband".

Subsec. (d). Pub. L. 92-576, Secs. 10(c), 20(c)(2), in first

sentence, substituted "husband or child," and "husband" for

"dependent husband or child" and "dependent husband" and "20" for

"15" per centum, and inserted "and any other persons who satisfy

the definition of the term 'dependent' in section 152 of title 26,

but are not otherwise eligible under this section" after "time of

the injury," and "during such dependency" after "support of each

such person", and in second sentence, substituted "widow or

widower" for "surviving wife or dependent husband", respectively.

Subsec. (e). Pub. L. 92-576, Sec. 10(d), substituted "less than

the applicable national average weekly wage as prescribed in

section 906(b) of this title but the total weekly benefits shall

not exceed the average weekly wages of the deceased" for "more than

$105 nor less than $27 but the total weekly compensation shall not

exceed the weekly wages of the deceased".

1961 - Subsec. (e). Pub. L. 87-87 increased the maximum

limitation with respect to average weekly wages from "$81" to

"$105" in the computation of death benefits.

1956 - Subsec. (e). Act July 26, 1956, substituted "$81" for

"$52.50" and "$27" for "$18".

1948 - Subsec. (a). Act June 24, 1948, increased funeral expenses

from $200 to $400.

Subsec. (b). Act June 24, 1948, increased benefits to children of

deceased workmen from 10 percent to 15 percent.

Subsec. (c). Act June 24, 1948, increased death benefits of

orphaned children from 15 percent to 35 percent.

Subsec. (e). Act June 24, 1948, correlated basis for computing

death benefits with basis for computing disability benefits under

section 906(b) of this title.

1938 - Subsecs. (b) to (d). Act June 25, 1938, struck out

references to children as being under eighteen years of age.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 9 of Pub. L. 98-426 applicable with respect

to any death after Sept. 28, 1984, and amendment by section

27(a)(2) of Pub. L. 98-426 effective Sept. 28, 1984, see section

28(d), (e)(1) of Pub. L. 98-426, set out as a note under section

901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by section 20(c)(2) of Pub. L. 92-576 applicable only

with respect to deaths or injuries occurring after Oct. 27, 1972,

see section 20(c)(3) of Pub. L. 92-576, set out as a note under

section 902 of this title.

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-87 effective as to death sustained on or

after July 14, 1961, see section 4 of Pub. L. 87-87, set out as a

note under section 906 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 26, 1956, applicable only with respect to

injuries and death occurring on or after July 26, 1956, see section

9 of act July 26, 1956, set out as a note under section 906 of this

title.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment by act June 24, 1948, applicable to death or injuries

occurring after June 24, 1948, see section 6 of act June 24, 1948,

set out as a note under section 906 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 904, 908, 931 of this

title; title 30 section 932; title 42 sections 1652, 1701, 1702.

-End-

-CITE-

33 USC Sec. 910 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 910. Determination of pay

-STATUTE-

Except as otherwise provided in this chapter, the average weekly

wage of the injured employee at the time of the injury shall be

taken as the basis upon which to compute compensation and shall be

determined as follows:

(a) If the injured employee shall have worked in the employment

in which he was working at the time of the injury, whether for the

same or another employer, during substantially the whole of the

year immediately preceding his injury, his average annual earnings

shall consist of three hundred times the average daily wage or

salary for a six-day worker and two hundred and sixty times the

average daily wage or salary for a five-day worker, which he shall

have earned in such employment during the days when so employed.

(b) If the injured employee shall not have worked in such

employment during substantially the whole of such year, his average

annual earnings, if a six-day worker, shall consist of three

hundred times the average daily wage or salary, and, if a five-day

worker, two hundred and sixty times the average daily wage or

salary, which an employee of the same class working substantially

the whole of such immediately preceding year in the same or in

similar employment in the same or a neighboring place shall have

earned in such employment during the days when so employed.

(c) If either of the foregoing methods of arriving at the average

annual earnings of the injured employee cannot reasonably and

fairly be applied, such average annual earnings shall be such sum

as, having regard to the previous earnings of the injured employee

in the employment in which he was working at the time of the

injury, and of other employees of the same or most similar class

working in the same or most similar employment in the same or

neighboring locality, or other employment of such employee,

including the reasonable value of the services of the employee if

engaged in self-employment, shall reasonably represent the annual

earning capacity of the injured employee.

(d)(1) The average weekly wages of an employee shall be one

fifty-second part of his average annual earnings.

(2) Notwithstanding paragraph (1), with respect to any claim

based on a death or disability due to an occupational disease for

which the time of injury (as determined under subsection (i) of

this section) occurs -

(A) within the first year after the employee has retired, the

average weekly wages shall be one fifty-second part of his

average annual earnings during the 52-week period preceding

retirement; or

(B) more than one year after the employee has retired, the

average weekly wage shall be deemed to be the national average

weekly wage (as determined by the Secretary pursuant to section

906(b) of this title) applicable at the time of the injury.

(e) If it be established that the injured employee was a minor

when injured, and that under normal conditions his wages should be

expected to increase during the period of disability the fact may

be considered in arriving at his average weekly wages.

(f) Effective October 1 of each year, the compensation or death

benefits payable for permanent total disability or death arising

out of injuries subject to this chapter shall be increased by the

lesser of -

(1) a percentage equal to the percentage (if any) by which the

applicable national weekly wage for the period beginning on such

October 1, as determined under section 906(b) of this title,

exceeds the applicable national average weekly wage, as so

determined, for the period beginning with the preceding October

1; or

(2) 5 per centum.

(g) The weekly compensation after adjustment under subsection (f)

of this section shall be fixed at the nearest dollar. No adjustment

of less than $1 shall be made, but in no event shall compensation

or death benefits be reduced.

(h)(1) Not later than ninety days after October 27, 1972, the

compensation to which an employee or his survivor is entitled due

to total permanent disability or death which commenced or occurred

prior to October 27, 1972, shall be adjusted. The amount of such

adjustment shall be determined in accordance with regulations of

the Secretary by designating as the employee's average weekly wage

the applicable national average weekly wage determined under

section 906(b) of this title and (A) computing the compensation to

which such employee or survivor would be entitled if the disabling

injury or death had occurred on the day following October 27, 1972,

and (B) subtracting therefrom the compensation to which such

employee or survivor was entitled on October 27, 1972; except that

no such employee or survivor shall receive total compensation

amounting to less than that to which he was entitled on October 27,

1972. Notwithstanding the foregoing sentence, where such an

employee or his survivor was awarded compensation as the result of

death or permanent total disability at less than the maximum rate

that was provided in this chapter at the time of the injury which

resulted in the death or disability, then his average weekly wage

shall be determined by increasing his average weekly wage at the

time of such injury by the percentage which the applicable national

average weekly wage has increased between the year in which the

injury occurred and the first day of the first month following

October 27, 1972. Where such injury occurred prior to 1947, the

Secretary shall determine, on the basis of such economic data as he

deems relevant, the amount by which the employee's average weekly

wage shall be increased for the pre-1947 period.

(2) Fifty per centum of any additional compensation or death

benefit paid as a result of the adjustment required by paragraphs

(1) and (3) of this subsection shall be paid out of the special

fund established under section 944 of this title, and 50 per centum

shall be paid from appropriations.

(3) For the purposes of subsections (f) and (g) of this section

an injury which resulted in permanent total disability or death

which occurred prior to October 27, 1972, shall be considered to

have occurred on the day following such date.

(i) For purposes of this section with respect to a claim for

compensation for death or disability due to an occupational disease

which does not immediately result in death or disability, the time

of injury shall be deemed to be the date on which the employee or

claimant becomes aware, or in the exercise of reasonable diligence

or by reason of medical advice should have been aware, of the

relationship between the employment, the disease, and the death or

disability.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 10, 44 Stat. 1431; June 24, 1948, ch.

623, Sec. 4, 62 Stat. 603; Pub. L. 92-576, Sec. 11, Oct. 27, 1972,

86 Stat. 1258; Pub. L. 98-426, Sec. 10, Sept. 28, 1984, 98 Stat.

1647.)

-MISC1-

AMENDMENTS

1984 - Subsec. (d). Pub. L. 98-426, Sec. 10(a)(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (f). Pub. L. 98-426, Sec. 10(b), substituted "subject to

this chapter" for "sustained after October 27, 1972," and inserted

"the lesser of - " after "by" in introductory language, designated

balance of existing provisions as par. (1), substituted "; or" for

a period at end of par. (1), and added par. (2).

Subsec. (i). Pub. L. 98-426, Sec. 10(a)(2), added subsec. (i).

1972 - Subsecs. (f) to (h). Pub. L. 92-576 added subsecs. (f) to

(h).

1948 - Subsec. (a). Act June 24, 1948, included a factor (a 260

multiplier) so as to make this subsec. useful in 5-day week

employments.

Subsec. (b). Act June 24, 1948, included the new factor (a 260

multiplier) to make this subsec. consistent with subsec. (a).

Subsec. (c). Act June 24, 1948, permitted the inclusion of all

earnings of the injured workman in determining the employee's

annual earning capacity.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 10(a) of Pub. L. 98-426 effective Sept. 28,

1984, and applicable both with respect to claims filed after such

date and to claims pending on such date, and amendment by section

10(b) of Pub. L. 98-426 effective Sept. 28, 1984, see section

28(a), (e)(1) of Pub. L. 98-426, set out as a note under section

901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment by act June 24, 1948, applicable to death or injuries

occurring after June 24, 1948, see section 6 of act June 24, 1948,

set out as a note under section 906 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 902, 906, 908, 909, 944

of this title; title 30 section 932; title 42 section 1702.

-End-

-CITE-

33 USC Sec. 911 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 911. Guardian for minor or incompetent

-STATUTE-

The deputy commissioner may require the appointment by a court of

competent jurisdiction, for any person who is mentally incompetent

or a minor, of a guardian or other representative to receive

compensation payable to such person under this chapter and to

exercise the powers granted to or to perform the duties required of

such person under this chapter.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 11, 44 Stat. 1431.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 944 of this title.

-End-

-CITE-

33 USC Sec. 912 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 912. Notice of injury or death

-STATUTE-

(a) Time limitation

Notice of an injury or death in respect of which compensation is

payable under this chapter shall be given within thirty days after

the date of such injury or death, or thirty days after the employee

or beneficiary is aware, or in the exercise of reasonable diligence

or by reason of medical advice should have been aware, of a

relationship between the injury or death and the employment, except

that in the case of an occupational disease which does not

immediately result in a disability or death, such notice shall be

given within one year after the employee or claimant becomes aware,

or in the exercise of reasonable diligence or by reason of medical

advice should have been aware, of the relationship between the

employment, the disease, and the death or disability. Notice shall

be given (1) to the deputy commissioner in the compensation

district in which the injury or death occurred, and (2) to the

employer.

(b) Form and content

Such notice shall be in writing, shall contain the name and

address of the employee and a statement of the time, place, nature,

and cause of the injury or death, and shall be signed by the

employee or by some person on his behalf, or in case of death, by

any person claiming to be entitled to compensation for such death

or by a person on his behalf.

(c) Delivery requirements

Notice shall be given to the deputy commissioner by delivering it

to him or sending it by mail addressed to his office, and to the

employer by delivering it to him or by sending it by mail addressed

to him at his last known place of business. If the employer is a

partnership, such notice may be given to any partner, or if a

corporation, such notice may be given to any agent or officer

thereof upon whom legal process may be served or who is in charge

of the business in the place where the injury occurred. Each

employer shall designate those agents or other responsible

officials to receive such notice, except that the employer shall

designate as its representatives individuals among first line

supervisors, local plant management, and personnel office

officials. Such designations shall be made in accordance with

regulations prescribed by the Secretary and the employer shall

notify his employees and the Secretary of such designation in a

manner prescribed by the Secretary in regulations.

(d) Failure to give notice

Failure to give such notice shall not bar any claim under this

chapter (1) if the employer (or his agent or agents or other

responsible official or officials designated by the employer

pursuant to subsection (c) of this section) or the carrier had

knowledge of the injury or death, (2) the deputy commissioner

determines that the employer or carrier has not been prejudiced by

failure to give such notice, or (3) if the deputy commissioner

excuses such failure on the ground that (i) notice, while not given

to a responsible official designated by the employer pursuant to

subsection (c) of this section, was given to an official of the

employer or the employer's insurance carrier, and that the employer

or carrier was not prejudiced due to the failure to provide notice

to a responsible official designated by the employer pursuant to

subsection (c) of this section, or (ii) for some satisfactory

reason such notice could not be given; nor unless objection to such

failure is raised before the deputy commissioner at the first

hearing of a claim for compensation in respect of such injury or

death.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 12, 44 Stat. 1431; Pub. L. 92-576,

Sec. 12(a), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 11,

Sept. 28, 1984, 98 Stat. 1648.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-426, Sec. 11(a), inserted a comma

after "aware" and "only by reason of medical advice" after

"diligence" and inserted "except that in the case of an

occupational disease which does not immediately result in a

disability or death, such notice shall be given within one year

after the employee or claimant becomes aware, or in the exercise of

reasonable diligence or by reason of medical advice should have

been aware, of the relationship between the employment, the

disease, and the death or disability" in first sentence.

Subsec. (c). Pub. L. 98-426, Sec. 11(b), inserted at end "Each

employer shall designate those agents or other responsible

officials to receive such notice, except that the employer shall

designate as its representatives individuals among first line

supervisors, local plant management, and personnel office

officials. Such designations shall be made in accordance with

regulations prescribed by the Secretary and the employer shall

notify his employees and the Secretary of such designation in a

manner prescribed by the Secretary in regulations."

Subsec. (d)(1). Pub. L. 98-426, Sec. 11(c), substituted "(or his

agent or agents or other responsible official or officials

designated by the employer pursuant to subsection (c) of this

section)" for "(or his agent in charge of the business in the place

where the injury occurred)", substituted "injury or death, (2)" for

"injury or death and", and substituted "or (3)" for "or (2)".

Pub. L. 98-426, Sec. 11(c)(4), inserted "(i) notice, while not

given to a responsible official designated by the employer pursuant

to subsection (c) of this section, was given to an official of the

employer or the employer's insurance carrier, and that the employer

or carrier was not prejudiced due to the failure to provide notice

to a responsible official designated by the employer pursuant to

subsection (c) of this title, or (ii)".

1972 - Subsec. (a). Pub. L. 92-576 provided for notice of an

injury or death within thirty days after the employee or

beneficiary is aware or in the exercise of reasonable diligence

should have been aware of a relationship between the injury or

death and the employment.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 11(a) of Pub. L. 98-426 effective Sept. 28,

1984, and applicable both with respect to claims filed after such

date and to claims pending on such date, and amendment by section

11(b), (c) of Pub. L. 98-426 effective 90 days after Sept. 28,

1984, and applicable both with respect to claims filed after such

90th day and to claims pending on such 90th day, see section 28(a),

(b) of Pub. L. 98-426, set out as a note under section 901 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 908, 914, 936 of this

title; title 30 section 932.

-End-

-CITE-

33 USC Sec. 913 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 913. Filing of claims

-STATUTE-

(a) Time to file

Except as otherwise provided in this section, the right to

compensation for disability or death under this chapter shall be

barred unless a claim therefore is filed within one year after the

injury or death. If payment of compensation has been made without

an award on account of such injury or death, a claim may be filed

within one year after the date of the last payment. Such claim

shall be filed with the deputy commissioner in the compensation

district in which such injury or death occurred. The time for

filing a claim shall not begin to run until the employee or

beneficiary is aware, or by the exercise of reasonable diligence

should have been aware, of the relationship between the injury or

death and the employment.

(b) Failure to file

(1) Notwithstanding the provisions of subsection (a) of this

section failure to file a claim within the period prescribed in

such subsection shall not be a bar to such right unless objection

to such failure is made at the first hearing of such claim in which

all parties in interest are given reasonable notice and opportunity

to be heard.

(2) Notwithstanding the provisions of subsection (a) of this

section, a claim for compensation for death or disability due to an

occupational disease which does not immediately result in such

death or disability shall be timely if filed within two years after

the employee or claimant becomes aware, or in the exercise of

reasonable diligence or by reason of medical advice should have

been aware, of the relationship between the employment, the

disease, and the death or disability, or within one year of the

date of the last payment of compensation, whichever is later.

(c) Effect on incompetents and minors

If a person who is entitled to compensation under this chapter is

mentally incompetent or a minor, the provisions of subsection (a)

of this section shall not be applicable so long as such person has

no guardian or other authorized representative, but shall be

applicable in the case of a person who is mentally incompetent or a

minor from the date of appointment of such guardian or other

representative, or in the case of a minor, if no guardian is

appointed before he becomes of age, from the date he becomes of

age.

(d) Tolling provision

Where recovery is denied to any person, in a suit brought at law

or in admiralty to recover damages in respect of injury or death,

on the ground that such person was an employee and that the

defendant was an employer within the meaning of this chapter and

that such employer had secured compensation to such employee under

this chapter, the limitation of time prescribed in subsection (a)

of this section shall begin to run only from the date of

termination of such suit.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 13, 44 Stat. 1432; Pub. L. 92-576,

Sec. 12(b), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 12,

Sept. 28, 1984, 98 Stat. 1649.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-426 designated existing provisions

as par. (1) and added par. (2).

1972 - Subsec. (a). Pub. L. 92-576 inserted "Except as otherwise

provided in this section" and provided that the time for filing a

claim shall not begin to run until the employee or beneficiary is

aware, or by the exercise of reasonable diligence should have been

aware, of the relationship between the injury or death and the

employment.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, and

applicable both with respect to claims filed after such date and to

claims pending on such date, see section 28(a) of Pub. L. 98-426,

set out as a note under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 908, 919 of this title;

title 30 section 932.

-End-

-CITE-

33 USC Sec. 914 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 914. Payment of compensation

-STATUTE-

(a) Manner of payment

Compensation under this chapter shall be paid periodically,

promptly, and directly to the person entitled thereto, without an

award, except where liability to pay compensation is controverted

by the employer.

(b) Period of installment payments

The first installment of compensation shall become due on the

fourteenth day after the employer has been notified pursuant to

section 912 of this title, or the employer has knowledge of the

injury or death, on which date all compensation then due shall be

paid. Thereafter compensation shall be paid in installments,

semimonthly, except where the deputy commissioner determines that

payment in installments should be made monthly or at some other

period.

(c) Notification of commencement or suspension of payment

Upon making the first payment, and upon suspension of payment for

any cause, the employer shall immediately notify the deputy

commissioner, in accordance with a form prescribed by the

Secretary, that payment of compensation has begun or has been

suspended, as the case may be.

(d) Right to compensation controverted

If the employer controverts the right to compensation he shall

file with the deputy commissioner on or before the fourteenth day

after he has knowledge of the alleged injury or death, a notice, in

accordance with a form prescribed by the Secretary stating that the

right to compensation is controverted, the name of the claimant,

the name of the employer, the date of the alleged injury or death,

and the grounds upon which the right to compensation is

controverted.

(e) Additional compensation for overdue installment payments

payable without award

If any installment of compensation payable without an award is

not paid within fourteen days after it becomes due, as provided in

subsection (b) of this section, there shall be added to such unpaid

installment an amount equal to 10 per centum thereof, which shall

be paid at the same time as, but in addition to, such installment,

unless notice is filed under subsection (d) of this section, or

unless such nonpayment is excused by the deputy commissioner after

a showing by the employer that owing to conditions over which he

had no control such installment could not be paid within the period

prescribed for the payment.

(f) Additional compensation for overdue installment payments

payable under terms of award

If any compensation, payable under the terms of an award, is not

paid within ten days after it becomes due, there shall be added to

such unpaid compensation an amount equal to 20 per centum thereof,

which shall be paid at the same time as, but in addition to, such

compensation, unless review of the compensation order making such

award is had as provided in section 921 of this title and an order

staying payment has been issued by the Board or court.

(g) Notice of payment; penalty

Within sixteen days after final payment of compensation has been

made, the employer shall send to the deputy commissioner a notice,

in accordance with a form prescribed by the Secretary, stating that

such final payment has been made, the total amount of compensation

paid, the name of the employee and of any other person to whom

compensation has been paid, the date of the injury or death, and

the date to which compensation has been paid. If the employer fails

to so notify the deputy commissioner within such time the Secretary

shall assess against such employer a civil penalty in the amount of

$100.

(h) Investigations, examinations, and hearings for controverted,

stopped, or suspended payments

The deputy commissioner (1) may upon his own initiative at any

time in a case in which payments are being made without an award,

and (2) shall in any case where right to compensation is

controverted, or where payments of compensation have been stopped

or suspended, upon receipt of notice from any person entitled to

compensation, or from the employer, that the right to compensation

is controverted, or that payments of compensation have been stopped

or suspended, make such investigations, cause such medical

examinations to be made, or hold such hearings, and take such

further action as he considers will properly protect the rights of

all parties.

(i) Deposit by employer

Whenever the deputy commissioner deems it advisable he may

require any employer to make a deposit with the Treasurer of the

United States to secure the prompt and convenient payment of such

compensation, and payments therefrom upon any awards shall be made

upon order of the deputy commissioner.

(j) Reimbursement for advance payments

If the employer has made advance payments of compensation, he

shall be entitled to be reimbursed out of any unpaid installment or

installments of compensation due.

(k) Receipt for payment

An injured employee, or in case of death his dependents or

personal representative, shall give receipts for payment of

compensation to the employer paying the same and such employer

shall produce the same for inspection by the deputy commissioner,

whenever required.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 14, 44 Stat. 1432; May 26, 1934, ch.

354, Sec. 4, 48 Stat. 807; June 25, 1938, ch. 685, Sec. 7, 52 Stat.

1167; June 24, 1948, ch. 623, Sec. 5, 62 Stat. 603; July 26, 1956,

ch. 735, Sec. 5, 70 Stat. 655; Pub. L. 87-87, Sec. 3, July 14,

1961, 75 Stat. 203; Pub. L. 92-576, Secs. 5(e), 15(d), Oct. 27,

1972, 86 Stat. 1254, 1262; Pub. L. 98-426, Secs. 13, 27(a)(2),

Sept. 28, 1984, 98 Stat. 1649, 1654.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-426, Sec. 13(a), substituted

"employer has been notified pursuant to section 912 of this title,

or the employer," for "employer".

Subsecs. (c), (d), (g). Pub. L. 98-426, Sec. 27(a)(2),

substituted "Secretary" for "commission". See Transfer of Functions

note set out under section 902 of this title.

Subsecs. (j) to (l). Pub. L. 98-426, Sec. 13(b), redesignated

subsecs. (k) and (l) as (j) and (k), respectively, and struck out

former subsec. (j) which provided that whenever the deputy

commissioner determines that it was in the interest of justice, the

liability of the employer for compensation, or any part thereof as

determined by the deputy commissioner with the approval of the

Secretary, could be discharged by the payment of a lump sum equal

to the present value of future compensation payments commuted,

computed at 4 per centum true discount compounded annually, that

the probability of the death of the injured employee or other

person entitled to compensation before the expiration of the period

during which he was entitled to compensation would be determined in

accordance with the American Experience Table of Mortality, and the

probability of the remarriage of the surviving wife would be

determined in accordance with the remarriage tables of the Dutch

Royal Insurance Institution, and that the probability of the

happening of any other contingency affecting the amount or duration

of the compensation would be disregarded, was struck out.

1972 - Subsec. (f). Pub. L. 92-576, Sec. 15(d), substituted

"order staying payment has been issued by the Board or court" for

"interlocutory injunction staying payments is allowed by the court

as provided therein".

Subsec. (m). Pub. L. 92-576, Sec. 5(e), repealed subsec. (m)

limiting aggregate money allowance for an injury under this chapter

to $24,000, making the limitation inapplicable to cases of

permanent total disability or death, and providing that in applying

the limitation there shall not be taken into account any amount

payable under section 908(g) of this title for maintenance during

rehabilitation or any amount of additional compensation required to

be paid under this section for delay or default in the payment of

compensation or any amount accruing as interest upon defaulted

compensation collectible under section 918 of this title.

1961 - Subsec. (m). Pub. L. 87-87 increased limitation on total

money allowance as compensation for injury from "$17,280" to

"$24,000".

1956 - Subsec. (m). Act July 26, 1956, provided for maximum money

allowance of $17,280 in lieu of total compensation of $11,000,

struck out additional former limit of $10,000 for disabilities

compensable under section 908(c)(21) of this title, and inserted

provision excepting from $17,280 limitation, amounts payable under

section 908(g) of this title for maintenance during rehabilitation,

and amounts payable under this section for delay or default in

payment of compensation or interest collectible under section 918

of this title.

1948 - Subsec. (m). Act June 24, 1948, increased overall

statutory maximum limitation upon compensation for disability from

$7,500 to $11,000, and fixed a sublimitation of $10,000 upon that

particular compensation for permanent partial disability which is

payable when the case is classified as one in which compensation

shall be payable under section 908(c)(21) of this title, but

neither limitation shall apply for permanent total disability or

death.

1938 - Subsec. (f). Act June 25, 1938, inserted "and an

interlocutory injunction staying payments is allowed by the court

as provided therein".

1934 - Subsec. (j). Act May 26, 1934, substituted "in the

interest of justice" for "for the best interests of a person

entitled to compensation", inserted "or any part thereof as

determined by the deputy commissioner with the approval of the

Commission", and inserted provision for determining probability of

remarriage.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 13 of Pub. L. 98-426 effective 90 days after

Sept. 28, 1984, and applicable both with respect to claims filed

after such 90th day and to claims pending on such 90th day, and

amendment by section 27(a)(2) of Pub. L. 98-426 effective Sept. 28,

1984, see section 28(b), (e)(1) of Pub. L. 98-426, set out as a

note under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-87 effective as to injuries sustained on

or after July 14, 1961, see section 4 of Pub. L. 87-87, set out as

a note under section 906 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 26, 1956, applicable only with respect to

injuries and death occurring on or after July 26, 1956, see section

9 of act July 26, 1956, set out as a note under section 906 of this

title.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment by act June 24, 1948, applicable to death or injuries

occurring after June 24, 1948, see section 6 of act June 24, 1948,

set out as a note under section 906 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 928 of this title; title

42 section 1702.

-End-

-CITE-

33 USC Sec. 915 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 915. Invalid agreements

-STATUTE-

(a) No agreement by an employee to pay any portion of premium

paid by his employer to a carrier or to contribute to a benefit

fund or department maintained by such employer for the purpose of

providing compensation or medical services and supplies as required

by this chapter shall be valid, and any employer who makes a

deduction for such purpose from the pay of any employee entitled to

the benefits of this chapter shall be guilty of a misdemeanor, and

upon conviction thereof shall be punished by a fine of not more

than $1,000.

(b) No agreement by an employee to waive his right to

compensation under this chapter shall be valid.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 15, 44 Stat. 1434.)

-End-

-CITE-

33 USC Sec. 916 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 916. Assignment and exemption from claims of creditors

-STATUTE-

No assignment, release, or commutation of compensation or

benefits due or payable under this chapter, except as provided by

this chapter, shall be valid, and such compensation and benefits

shall be exempt from all claims of creditors and from levy,

execution, and attachment or other remedy for recovery or

collection of a debt, which exemption may not be waived.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 16, 44 Stat. 1434.)

-End-

-CITE-

33 USC Sec. 917 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 917. Lien against compensation

-STATUTE-

Where a trust fund which complies with section 186(c) of title 29

established pursuant to a collective-bargaining agreement in effect

between an employer and an employee covered under this chapter has

paid disability benefits to an employee which the employee is

legally obligated to repay by reason of his entitlement to

compensation under this chapter or under a settlement, the

Secretary shall authorize a lien on such compensation in favor of

the trust fund for the amount of such payments.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 17, 44 Stat. 1434; June 25, 1938, ch.

685, Sec. 8, 52 Stat. 1167; Pub. L. 92-576, Sec. 20(b), Oct. 27,

1972, 86 Stat. 1264; Pub. L. 95-598, title III, Sec. 324, Nov. 6,

1978, 92 Stat. 2679; Pub. L. 98-426, Sec. 14, Sept. 28, 1984, 98

Stat. 1649.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426 struck out "(b)" before "Where a trust fund

which complies", substituted "covered under this chapter" for

"entitled to compensation under this chapter", and substituted

"this chapter or under a settlement, the Secretary shall authorize"

for "this chapter, the Secretary may authorize".

1978 - Subsec. (a). Pub. L. 95-598 repealed provision for lien of

person entitled to compensation without limit of amount against

assets of carrier or employer and for preference and priority in

distribution of assets of such carrier or employer, or both upon

insolvency, bankruptcy, or reorganization in bankruptcy proceedings

of the carrier or employer, or both.

1972 - Pub. L. 92-576 designated existing provisions as subsec.

(a) and added subsec. (b).

1938 - Act June 25, 1938, amended section generally. Prior to

amendment, section read as follows: "Compensation shall have the

same preference of lien against the assets of the carrier or

employer without limit of amount as is now or may hereafter be

allowed by law to the claimant for unpaid wages or otherwise".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, and

applicable both with respect to claims filed after such date and to

claims pending on such date, see section 28(a) of Pub. L. 98-426,

set out as a note under section 901 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 933 of this title.

-End-

-CITE-

33 USC Sec. 918 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 918. Collection of defaulted payments; special fund

-STATUTE-

(a) In case of default by the employer in the payment of

compensation due under any award of compensation for a period of

thirty days after the compensation is due and payable, the person

to whom such compensation is payable may, within one year after

such default, make application to the deputy commissioner making

the compensation order or (!1) a supplementary order declaring the

amount of the default. After investigation, notice, and hearing, as

provided in section 919 of this title, the deputy commissioner

shall make a supplementary order, declaring the amount of the

default, which shall be filed in the same manner as the

compensation order. In case the payment in default is an

installment of the award, the deputy commissioner may, in his

discretion, declare the whole of the award as the amount in

default. The applicant may file a certified copy of such

supplementary order with the clerk of the Federal district court

for the judicial district in which the employer has his principal

place of business or maintains an office, or for the judicial

district in which the injury occurred. In case such principal place

of business or office or place where the injury occurred is in the

District of Columbia, a copy of such supplementary order may be

filed with the clerk of the United States District Court for the

District of Columbia. Such supplementary order of the deputy

commissioner shall be final, and the court shall, upon the filing

of the copy, enter judgment for the amount declared in default by

the supplementary order if such supplementary order is in

accordance with law. Review of the judgment so entered may be had

as in civil suits for damages at common law. Final proceedings to

execute the judgment may be had by writ of execution in the form

used by the court in suits at common law in actions of assumpsit.

No fee shall be required for filing the supplementary order nor for

entry of judgment thereon, and the applicant shall not be liable

for costs in a proceeding for review of the judgment unless the

court shall otherwise direct. The court shall modify such judgment

to conform to any later compensation order upon presentation of a

certified copy thereof to the court.

(b) In cases where judgment cannot be satisfied by reason of the

employer's insolvency or other circumstances precluding payment,

the Secretary of Labor may, in his discretion and to the extent he

shall determine advisable after consideration of current

commitments payable from the special fund established in section

944 of this title, make payment from such fund upon any award made

under this chapter, and in addition, provide any necessary medical,

surgical, and other treatment required by section 907 of this title

in any case of disability where there has been a default in

furnishing medical treatment by reason of the insolvency of the

employer. Such an employer shall be liable for payment into such

fund of the amounts paid therefrom by the Secretary of Labor under

this subsection; and for the purpose of enforcing this liability,

the Secretary of Labor for the benefit of the fund shall be

subrogated to all the rights of the person receiving such payment

or benefits as against the employer and may by a proceeding in the

name of the Secretary of Labor under this section or under

subsection (c) of section 921 of this title, or both, seek to

recover the amount of the default or so much thereof as in the

judgment of the Secretary is possible, or the Secretary may settle

and compromise any such claim.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 18, 44 Stat. 1434; June 25, 1936, ch.

804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.

991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; July 26, 1956,

ch. 735, Sec. 6, 70 Stat. 655; Pub. L. 98-426, Sec. 27(b), Sept.

28, 1984, 98 Stat. 1654.)

-COD-

CODIFICATION

As originally enacted, subsec. (a) contained a reference to the

Supreme Court of the District of Columbia. Act June 25, 1936,

substituted "the district court of the United States for the

District of Columbia" for "the Supreme Court of the District of

Columbia", and act June 25, 1948, as amended by act May 24, 1949,

substituted "United States District Court for the District of

Columbia" for "district court of the United States for the District

of Columbia".

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-426 struck out ", including the

right of lien and priority provided for by section 917 of this

title," after "shall be subrogated to all the rights of the person

receiving such payment or benefits".

1956 - Act July 26, 1956, designated existing provisions as

subsec. (a) and added subsec. (b).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 921, 939, 944 of this

title; title 5 section 8171; title 42 section 1653.

-FOOTNOTE-

(!1) So in original. Probably should be "for".

-End-

-CITE-

33 USC Sec. 919 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 919. Procedure in respect of claims

-STATUTE-

(a) Filing of claim

Subject to the provisions of section 913 of this title a claim

for compensation may be filed with the deputy commissioner in

accordance with regulations prescribed by the Secretary at any time

after the first seven days of disability following any injury, or

at any time after death, and the deputy commissioner shall have

full power and authority to hear and determine all questions in

respect of such claim.

(b) Notice of claim

Within ten days after such claim is filed the deputy

commissioner, in accordance with regulations prescribed by the

Secretary, shall notify the employer and any other person (other

than the claimant), whom the deputy commissioner considers an

interested party, that a claim has been filed. Such notice may be

served personally upon the employer or other person, or sent to

such employer or person by registered mail.

(c) Investigations; order for hearing; notice; rejection or award

The deputy commissioner shall make or cause to be made such

investigations as he considers necessary in respect of the claim,

and upon application of any interested party shall order a hearing

thereon. If a hearing on such claim is ordered the deputy

commissioner shall give the claimant and other interested parties

at least ten days' notice of such hearing, served personally upon

the claimant and other interested parties or sent to such claimant

and other interested parties by registered mail or by certified

mail, and shall within twenty days after such hearing is had, by

order, reject the claim or make an award in respect of the claim.

If no hearing is ordered within twenty days after notice is given

as provided in subsection (b) of this section, the deputy

commissioner shall, by order, reject the claim or make an award in

respect of the claim.

(d) Provisions governing conduct of hearing; administrative law

judges

Notwithstanding any other provisions of this chapter, any hearing

held under this chapter shall be conducted in accordance with the

provisions of section 554 of title 5. Any such hearing shall be

conducted by a (!1) administrative law judge qualified under

section 3105 of that title. All powers, duties, and

responsibilities vested by this chapter, on October 27, 1972, in

the deputy commissioners with respect to such hearings shall be

vested in such administrative law judges.

(e) Filing and mailing of order rejecting claim or making award

The order rejecting the claim or making the award (referred to in

this chapter as a compensation order) shall be filed in the office

of the deputy commissioner, and a copy thereof shall be sent by

registered mail or by certified mail to the claimant and to the

employer at the last known address of each.

(f) Awards after death of employee

An award of compensation for disability may be made after the

death of an injured employee.

(g) Transfer of case

At any time after a claim has been filed with him, the deputy

commissioner may, with the approval of the Secretary, transfer such

case to any other deputy commissioner for the purpose of making

investigation, taking testimony, making physical examinations or

taking such other necessary action therein as may be directed.

(h) Physical examination of injured employee

An injured employee claiming or entitled to compensation shall

submit to such physical examination by a medical officer of the

United States or by a duly qualified physician designated or

approved by the Secretary as the deputy commissioner may require.

The place or places shall be reasonably convenient for the

employee. Such physician or physicians as the employee, employer,

or carrier may select and pay for may participate in an examination

if the employee, employer, or carrier so requests. Proceedings

shall be suspended and no compensation be payable for any period

during which the employee may refuse to submit to examination.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 19, 44 Stat. 1435; June 25, 1938, ch.

685, Sec. 9, 52 Stat. 1167; Pub. L. 86-507, Sec. 1(30), (31), June

11, 1960, 74 Stat. 202; Pub. L. 92-576, Sec. 14, Oct. 27, 1972, 86

Stat. 1261; Pub. L. 95-251, Sec. 2(a)(10), Mar. 27, 1978, 92 Stat.

183; Pub. L. 98-426, Sec. 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (b), (g), (h). Pub. L. 98-426, Sec.

27(a)(2), substituted "Secretary" for "commission". See Transfer of

Functions note under section 902 of this title.

1978 - Subsec. (d). Pub. L. 95-251 substituted references to

administrative law judges for references to hearing examiners.

1972 - Subsec. (d). Pub. L. 92-576 substituted provisions for

conduct of hearings under section 554 of title 5 by a hearing

examiner qualified under section 3105 of title 5 and vesting in

hearing examiners the powers, duties, and responsibilities vested

in deputy commissioners on Oct. 27, 1972, for former provisions

authorizing claimant and employer to present evidence with respect

to claims and for representation of a claimant under a written

authorization.

1960 - Subsecs. (c), (e). Pub. L. 86-507 inserted "or by

certified mail" after "registered mail".

1938 - Subsec. (g). Act June 25, 1938, authorized transfer of

cases, with administrative approval, at any time after filing of

claim for the additional purposes of making investigations and

taking other necessary action instead of after issuance of

compensation order without anyone's approval.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 918, 921 of this title;

title 30 section 925.

-FOOTNOTE-

(!1) So in original. Probably should be "an".

-End-

-CITE-

33 USC Sec. 920 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 920. Presumptions

-STATUTE-

In any proceeding for the enforcement of a claim for compensation

under this chapter it shall be presumed, in the absence of

substantial evidence to the contrary -

(a) That the claim comes within the provisions of this chapter.

(b) That sufficient notice of such claim has been given.

(c) That the injury was not occasioned solely by the intoxication

of the injured employee.

(d) That the injury was not occasioned by the willful intention

of the injured employee to injure or kill himself or another.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 20, 44 Stat. 1436.)

-End-

-CITE-

33 USC Sec. 921 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 921. Review of compensation orders

-STATUTE-

(a) Effectiveness and finality of orders

A compensation order shall become effective when filed in the

office of the deputy commissioner as provided in section 919 of

this title, and, unless proceedings for the suspension or setting

aside of such order are instituted as provided in subsection (b) of

this section, shall become final at the expiration of the thirtieth

day thereafter.

(b) Benefits Review Board; establishment; members; chairman;

quorum; voting; questions reviewable; record; conclusiveness of

findings; stay of payments; remand

(1) There is hereby established a Benefits Review Board which

shall be composed of five members appointed by the Secretary from

among individuals who are especially qualified to serve on such

Board. The Secretary shall designate one of the members of the

Board to serve as chairman. The Chairman shall have the authority,

as delegated by the Secretary, to exercise all administrative

functions necessary to operate the Board.

(2) For the purpose of carrying out its functions under this

chapter, three members of the Board shall constitute a quorum and

official action can be taken only on the affirmative vote of at

least three members.

(3) The Board shall be authorized to hear and determine appeals

raising a substantial question of law or fact taken by any party in

interest from decisions with respect to claims of employees under

this chapter and the extensions thereof. The Board's orders shall

be based upon the hearing record. The findings of fact in the

decision under review by the Board shall be conclusive if supported

by substantial evidence in the record considered as a whole. The

payment of the amounts required by an award shall not be stayed

pending final decision in any such proceeding unless ordered by the

Board. No stay shall be issued unless irreparable injury would

otherwise ensue to the employer or carrier.

(4) The Board may, on its own motion or at the request of the

Secretary, remand a case to the administrative law judge for

further appropriate action. The consent of the parties in interest

shall not be a prerequisite to a remand by the Board.

(5) Notwithstanding paragraphs (1) through (4), upon application

of the Chairman of the Board, the Secretary may designate up to

four Department of Labor administrative law judges to serve on the

Board temporarily, for not more than one year. The Board is

authorized to delegate to panels of three members any or all of the

powers which the Board may exercise. Each such panel shall have no

more than one temporary member. Two members shall constitute a

quorum of a panel. Official adjudicative action may be taken only

on the affirmative vote of at least two members of a panel. Any

party aggrieved by a decision of a panel of the Board may, within

thirty days after the date of entry of the decision, petition the

entire permanent Board for review of the panel's decision. Upon

affirmative vote of the majority of the permanent members of the

Board, the petition shall be granted. The Board shall amend its

Rules of Practice to conform with this paragraph. Temporary

members, while serving as members of the Board, shall be

compensated at the same rate of compensation as regular members.

(c) Court of appeals; jurisdiction; persons entitled to review;

petition; record; determination and enforcement; service of

process; stay of payments

Any person adversely affected or aggrieved by a final order of

the Board may obtain a review of that order in the United States

court of appeals for the circuit in which the injury occurred, by

filing in such court within sixty days following the issuance of

such Board order a written petition praying that the order be

modified or set aside. A copy of such petition shall be forthwith

transmitted by the clerk of the court, to the Board, and to the

other parties, and thereupon the Board shall file in the court the

record in the proceedings as provided in section 2112 of title 28.

Upon such filing, the court shall have jurisdiction of the

proceeding and shall have the power to give a decree affirming,

modifying, or setting aside, in whole or in part, the order of the

Board and enforcing same to the extent that such order is affirmed

or modified. The orders, writs, and processes of the court in such

proceedings may run, be served, and be returnable anywhere in the

United States. The payment of the amounts required by an award

shall not be stayed pending final decision in any such proceeding

unless ordered by the court. No stay shall be issued unless

irreparable injury would otherwise ensue to the employer or

carrier. The order of the court allowing any stay shall contain a

specific finding, based upon evidence submitted to the court and

identified by reference thereto, that irreparable damage would

result to the employer, and specifying the nature of the damage.

(d) District court; jurisdiction; enforcement of orders;

application of beneficiaries of awards or deputy commissioner;

process for compliance with orders

If any employer or his officers or agents fails to comply with a

compensation order making an award, that has become final, any

beneficiary of such award or the deputy commissioner making the

order, may apply for the enforcement of the order to the Federal

district court for the judicial district in which the injury

occurred (or to the United States District Court for the District

of Columbia if the injury occurred in the District). If the court

determines that the order was made and served in accordance with

law, and that such employer or his officers or agents have failed

to comply therewith, the court shall enforce obedience to the order

by writ of injunction or by other proper process, mandatory or

otherwise, to enjoin upon such person and his officers and agents

compliance with the order.

(e) Institution of proceedings for suspension, setting aside, or

enforcement of compensation orders

Proceedings for suspending, setting aside, or enforcing a

compensation order, whether rejecting a claim or making an award,

shall not be instituted otherwise than as provided in this section

and section 918 of this title.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 21, 44 Stat. 1436; June 25, 1936, ch.

804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.

991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 92-576,

Sec. 15(a), (b), Oct. 27, 1972, 86 Stat. 1261, 1262; Pub. L.

95-251, Sec. 2(a)(10), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98-426,

Sec. 15, Sept. 28, 1984, 98 Stat. 1649.)

-COD-

CODIFICATION

As originally enacted, subsec. (d) contained a reference to the

Supreme Court of the District of Columbia. Act June 25, 1936,

substituted "the district court of the United States for the

District of Columbia" for "the Supreme Court of the District of

Columbia", and act June 25, 1948, as amended by act May 24, 1949,

substituted "United States District Court for the District of

Columbia" for "district court of the United States for the District

of Columbia".

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(1). Pub. L. 98-426, Sec. 15(1), (2),

substituted "five" for "three", and inserted "The Chairman shall

have the authority, as delegated by the Secretary, to exercise all

administrative functions necessary to operate the Board."

Subsec. (b)(2). Pub. L. 98-426, Sec. 15(3), substituted "three"

for "two" wherever appearing.

Subsec. (b)(5). Pub. L. 98-426, Sec. 15(4), added par. (5).

1978 - Subsec. (b)(4). Pub. L. 95-251 substituted "administrative

law judge" for "hearing examiner".

1972 - Subsec. (b). Pub. L. 92-576, Sec. 15(a), added subsec.

(b). Former provisions of subsec. (b) for injunction proceedings to

suspend or set aside a compensation order by a party in interest

against a deputy commissioner in Federal district court for

judicial district where injury occurred superseded by subsec. (c)

of this section and former provisions of such subsec. (b)

respecting service of process and stay of payments, except for the

procedural requirement of an interlocutory injunction to the court

and hearing on at least three days' notice to the parties in

interest and the deputy commissioner, incorporated in subsec. (c)

of this section.

Subsecs. (c) to (e). Pub. L. 92-576, Sec. 15(a), (b), added

subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and

(e), respectively.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

REVIEW OF DECISIONS MADE BY OR PENDING BEFORE BENEFITS REVIEW BOARD

Pub. L. 107-116, title I, Jan. 10, 2002, 115 Stat. 2184, provided

in part: "That no funds made available by this Act [see Tables for

classification] may be used by the Solicitor of Labor to

participate in a review in any United States court of appeals of

any decision made by the Benefits Review Board under section 21 of

the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921)

where such participation is precluded by the decision of the United

States Supreme Court in Director, Office of Workers' Compensation

Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995),

notwithstanding any provisions to the contrary contained in Rule 15

of the Federal Rules of Appellate Procedure [28 U.S.C. App.]:

Provided further, That no funds made available by this Act may be

used by the Secretary of Labor to review a decision under the

Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et

seq.) that has been appealed and that has been pending before the

Benefits Review Board for more than 12 months: Provided further,

That any such decision pending a review by the Benefits Review

Board for more than 1 year shall be considered affirmed by the

Benefits Review Board on the 1-year anniversary of the filing of

the appeal, and shall be considered the final order of the Board

for purposes of obtaining a review in the United States courts of

appeals: Provided further, That these provisions shall not be

applicable to the review or appeal of any decision issued under the

Black Lung Benefits Act (30 U.S.C. 901 et seq.)."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-554, Sec. 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.

2763, 2763A-10.

Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title I], Nov. 29,

1999, 113 Stat. 1535, 1501A-224.

Pub. L. 105-277, div. A, Sec. 101(f) [title I], Oct. 21, 1998,

105 Stat. 2681-337, 2681-345.

Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1475.

Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept.

30, 1996, 110 Stat. 3009-233, 3009-241.

Pub. L. 104-134, title I, Sec. 101(d) [title I], Apr. 26, 1996,

110 Stat. 1321-211, 1321-218; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 914, 919, 921a, 939 of

this title; title 5 section 8171; title 42 section 1653.

-End-

-CITE-

33 USC Sec. 921a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 921a. Appearance of attorneys for Secretary, deputy

commissioner, or Board

-STATUTE-

Attorneys appointed by the Secretary shall represent the

Secretary, the deputy commissioner, or the Board in any court

proceedings under section 921 of this title or other provisions of

this chapter except for proceedings in the Supreme Court of the

United States.

-SOURCE-

(May 4, 1928, ch. 502, 45 Stat. 490; June 25, 1948, ch. 646, Sec.

1, 62 Stat. 909; Pub. L. 92-576, Sec. 16, Oct. 27, 1972, 86 Stat.

1262.)

-COD-

CODIFICATION

Section was not enacted as part of the Longshore and Harbor

Workers' Compensation Act which comprises this chapter.

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-576 substituted provisions for representation

of the Secretary, the deputy commissioner, or the Board by

attorneys appointed by the Secretary except for proceedings in the

Supreme Court, for former provisions requiring the United States

attorney in the judicial district in which the case is pending to

appear as attorney or counsel on behalf of the Secretary of Labor

or his deputy commissioner when either is a party to the case or

interested, and to represent such Secretary or deputy in any court

in which such case may be carried on appeal.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorney" for "district attorney of the United States". See section

541 of Title 28, Judiciary and Judicial Procedure, and Historical

and Revision note thereunder.

-MISC2-

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 941 of this title.

-End-

-CITE-

33 USC Sec. 922 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 922. Modification of awards

-STATUTE-

Upon his own initiative, or upon the application of any party in

interest (including an employer or carrier which has been granted

relief under section 908(f) of this title), on the ground of a

change in conditions or because of a mistake in a determination of

fact by the deputy commissioner, the deputy commissioner may, at

any time prior to one year after the date of the last payment of

compensation, whether or not a compensation order has been issued,

or at any time prior to one year after the rejection of a claim,

review a compensation case (including a case under which payments

are made pursuant to section 944(i) of this title) in accordance

with the procedure prescribed in respect of claims in section 919

of this title, and in accordance with such section issue a new

compensation order which may terminate, continue, reinstate,

increase, or decrease such compensation, or award compensation.

Such new order shall not affect any compensation previously paid,

except that an award increasing the compensation rate may be made

effective from the date of the injury, and if any part of the

compensation due or to become due is unpaid, an award decreasing

the compensation rate may be made effective from the date of the

injury, and any payment made prior thereto in excess of such

decreased rate shall be deducted from any unpaid compensation, in

such manner and by such method as may be determined by the deputy

commissioner with the approval of the Secretary. This section does

not authorize the modification of settlements.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 22, 44 Stat. 1437; May 26, 1934, ch.

354, Sec. 5, 48 Stat. 807; June 25, 1938, ch. 685, Sec. 10, 52

Stat. 1167; Pub. L. 98-426, Secs. 16, 27(a)(2), Sept. 28, 1984, 98

Stat. 1650, 1654.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426, Sec. 16, inserted "(including an employer

or carrier which has been granted relief under section 908(f) of

this title)" after "party in interest" and "(including a case under

which payments are made pursuant to section 941(i) of this title)"

after "review a compensation case" and inserted at end "This

section does not authorize the modification of settlements."

Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

1938 - Act June 25, 1938, permitted review of compensation case

at any time prior to one year after rejection of claim and

authorized award of compensation.

1934 - Act May 26, 1934, permitted review based on a mistake in a

determination of fact; substituted provision for review of

compensation case at any time prior to one year after date of last

payment of compensation, whether or not compensation order was

issued, for original provision for review at any time during term

of award and after compensation order in respect of such award had

become final; authorized reinstatement of compensation; and

inserted exception clause.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

-End-

-CITE-

33 USC Sec. 923 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 923. Procedure before deputy commissioner or Board

-STATUTE-

(a) In making an investigation or inquiry or conducting a hearing

the deputy commissioner or Board shall not be bound by common law

or statutory rules of evidence or by technical or formal rules of

procedure, except as provided by this chapter; but may make such

investigation or inquiry or conduct such hearing in such manner as

to best ascertain the rights of the parties. Declarations of a

deceased employee concerning the injury in respect of which the

investigation or inquiry is being made or the hearing conducted

shall be received in evidence and shall, if corroborated by other

evidence, be sufficient to establish the injury.

(b) Hearings before a deputy commissioner or Board shall be open

to the public and shall be stenographically reported, and the

deputy commissioners or Board, subject to the approval of the

Secretary, are authorized to contract for the reporting of such

hearings. The Secretary shall by regulation provide for the

preparation of a record of the hearings and other proceedings

before the deputy commissioners or Board.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 23, 44 Stat. 1437; Pub. L. 92-576,

Sec. 15(e), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec.

27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-426 substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

1972 - Pub. L. 92-576 inserted references to the Board in

subsecs. (a) and (b).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-End-

-CITE-

33 USC Sec. 924 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 924. Witnesses

-STATUTE-

No person shall be required to attend as a witness in any

proceeding before a deputy commissioner at a place outside of the

State of his residence and more than one hundred miles from his

place of residence, unless his lawful mileage and fee for one day's

attendance shall be first paid or tendered to him; but the

testimony of any witness may be taken by deposition or

interrogatories according to the rules of practice of the Federal

district court for the judicial district in which the case is

pending (or of the United States District Court for the District of

Columbia if the case is pending in the District).

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 24, 44 Stat. 1437; June 25, 1936, ch.

804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.

991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-COD-

CODIFICATION

As originally enacted, this section contained a reference to the

Supreme Court of the District of Columbia. Act June 25, 1936,

substituted "the district court of the United States for the

District of Columbia" for "the Supreme Court of the District of

Columbia", and act June 25, 1948, as amended by act May 24, 1949,

substituted "United States District Court for the District of

Columbia" for "district court of the United States for the District

of Columbia".

-End-

-CITE-

33 USC Sec. 925 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 925. Witness fees

-STATUTE-

Witnesses summoned in a proceeding before a deputy commissioner

or whose depositions are taken shall receive the same fees and

mileage as witnesses in courts of the United States.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 25, 44 Stat. 1437.)

-End-

-CITE-

33 USC Sec. 926 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 926. Costs in proceedings brought without reasonable grounds

-STATUTE-

If the court having jurisdiction of proceedings in respect of any

claim or compensation order determines that the proceedings in

respect of such claim or order have been instituted or continued

without reasonable ground, the costs of such proceedings shall be

assessed against the party who has so instituted or continued such

proceedings.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 26, 44 Stat. 1438.)

-End-

-CITE-

33 USC Sec. 927 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 927. Powers of deputy commissioners or Board

-STATUTE-

(a) The deputy commissioner or Board shall have power to preserve

and enforce order during any such proceedings; to issue subpoenas

for, to administer oaths to, and to compel the attendance and

testimony of witnesses, or the production of books, papers,

documents, and other evidence, or the taking of depositions before

any designated individual competent to administer oaths; to examine

witnesses; and to do all things conformable to law which may be

necessary to enable him effiectively (!1) to discharge the duties

of his office.

(b) If any person in proceedings before a deputy commissioner or

Board disobeys or resists any lawful order or process, or

misbehaves during a hearing or so near the place thereof as to

obstruct the same, or neglects to produce, after having been

ordered to do so, any pertinent book, paper, or document, or

refuses to appear after having been subpoenaed, or upon appearing

refuses to take the oath as a witness, or after having taken the

oath refuses to be examined according to law, the deputy

commissioner or Board shall certify the facts to the district court

having jurisdiction in the place in which he is sitting (or to the

United States District Court for the District of Columbia if he is

sitting in such District) which shall thereupon in a summary manner

hear the evidence as to the acts complained of, and if the evidence

so warrants, punish such person in the same manner and to the same

extent as for a contempt committed before the court, or commit such

person upon the same conditions as if the doing of the forbidden

act had occurred with reference to the process of or in the

presence of the court.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 27, 44 Stat. 1438; June 25, 1936, ch.

804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.

991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 92-576,

Sec. 15(e), Oct. 27, 1972, 86 Stat. 1262.)

-COD-

CODIFICATION

As originally enacted, subsec. (b) contained a reference to the

Supreme Court of the District of Columbia. Act June 25, 1936,

substituted "the district court of the United States for the

District of Columbia" for "the Supreme Court of the District of

Columbia", and act June 25, 1948, as amended by act May 24, 1949,

substituted "United States District Court for the District of

Columbia" for "district court of the United States for the District

of Columbia".

-MISC1-

AMENDMENTS

1972 - Subsecs. (a), (b). Pub. L. 92-576 inserted references to

the Board.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "effectively".

-End-

-CITE-

33 USC Sec. 928 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 928. Fees for services

-STATUTE-

(a) Attorney's fee; successful prosecution of claim

If the employer or carrier declines to pay any compensation on or

before the thirtieth day after receiving written notice of a claim

for compensation having been filed from the deputy commissioner, on

the ground that there is no liability for compensation within the

provisions of this chapter and the person seeking benefits shall

thereafter have utilized the services of an attorney at law in the

successful prosecution of his claim, there shall be awarded, in

addition to the award of compensation, in a compensation order, a

reasonable attorney's fee against the employer or carrier in an

amount approved by the deputy commissioner, Board, or court, as the

case may be, which shall be paid directly by the employer or

carrier to the attorney for the claimant in a lump sum after the

compensation order becomes final.

(b) Attorney's fee; successful prosecution for additional

compensation; independent medical evaluation of disability

controversy; restriction of other assessments

If the employer or carrier pays or tenders payment of

compensation without an award pursuant to section 914(a) and (b) of

this title, and thereafter a controversy develops over the amount

of additional compensation, if any, to which the employee may be

entitled, the deputy commissioner or Board shall set the matter for

an informal conference and following such conference the deputy

commissioner or Board shall recommend in writing a disposition of

the controversy. If the employer or carrier refuse to accept such

written recommendation, within fourteen days after its receipt by

them, they shall pay or tender to the employee in writing the

additional compensation, if any, to which they believe the employee

is entitled. If the employee refuses to accept such payment or

tender of compensation, and thereafter utilizes the services of an

attorney at law, and if the compensation thereafter awarded is

greater than the amount paid or tendered by the employer or

carrier, a reasonable attorney's fee based solely upon the

difference between the amount awarded and the amount tendered or

paid shall be awarded in addition to the amount of compensation.

The foregoing sentence shall not apply if the controversy relates

to degree or length of disability, and if the employer or carrier

offers to submit the case for evaluation by physicians employed or

selected by the Secretary, as authorized in section 907(e) of this

title and offers to tender an amount of compensation based upon the

degree or length of disability found by the independent medical

report at such time as an evaluation of disability can be made. If

the claimant is successful in review proceedings before the Board

or court in any such case an award may be made in favor of the

claimant and against the employer or carrier for a reasonable

attorney's fee for claimant's counsel in accord with the above

provisions. In all other cases any claim for legal services shall

not be assessed against the employer or carrier.

(c) Approval; payment; lien

In all cases fees for attorneys representing the claimant shall

be approved in the manner herein provided. If any proceedings are

had before the Board or any court for review of any action, award,

order, or decision, the Board or court may approve an attorney's

fee for the work done before it by the attorney for the claimant.

An approved attorney's fee, in cases in which the obligation to pay

the fee is upon the claimant, may be made a lien upon the

compensation due under an award; and the deputy commissioner,

Board, or court shall fix in the award approving the fee, such lien

and manner of payment.

(d) Costs; witnesses' fees and mileage; prohibition against

diminution of compensation to claimant

In cases where an attorney's fee is awarded against an employer

or carrier there may be further assessed against such employer or

carrier as costs, fees and mileage for necessary witnesses

attending the hearing at the instance of claimant. Both the

necessity for the witness and the reasonableness of the fees of

expert witnesses must be approved by the hearing officer, the

Board, or the court, as the case may be. The amounts awarded

against an employer or carrier as attorney's fees, costs, fees and

mileage for witnesses shall not in any respect affect or diminish

the compensation payable under this chapter.

(e) Unapproved fees; solicitation; penalty

A person who receives a fee, gratuity, or other consideration on

account of services rendered as a representative of a claimant,

unless the consideration is approved by the deputy commissioner,

administrative law judge, Board, or court, or who makes it a

business to solicit employment for a lawyer, or for himself, with

respect to a claim or award for compensation under this chapter,

shall, upon conviction thereof, for each offense be punished by a

fine of not more than $1,000 or be imprisoned for not more than one

year, or both.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 28, 44 Stat. 1438; Pub. L. 92-576,

Sec. 13, Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 17,

Sept. 28, 1984, 98 Stat. 1650.)

-MISC1-

AMENDMENTS

1984 - Subsec. (e). Pub. L. 98-426 substituted "a fee, gratuity,

or other consideration" for "any fees, other consideration, or any

gratuity"; "with respect to" for "in respect of"; and "both" for

"by both such fine and imprisonment"; and inserted "under this

chapter," after "compensation".

1972 - Subsec. (a). Pub. L. 92-576 substituted provisions

respecting payment of attorney's fee for successful prosecution of

claim for former provisions respecting approval by deputy

commissioner or court of claims for legal services or for any other

services rendered in respect of a claim or award for compensation

and for lien upon the compensation in the manner and to the extent

fixed by the deputy commissioner or the court. See subsec. (c).

Subsecs. (b) to (e). Pub. L. 92-576 added subsecs. (b) to (d),

redesignated former subsec. (b) as (e), and in subsec. (e), as so

redesignated, struck out item (1) and (2) designations before

"who", substituted "services rendered as a representative of a

claimant" for "services so rendered", and included approval by the

Board.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 931 of this title.

-End-

-CITE-

33 USC Sec. 929 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 929. Record of injury or death

-STATUTE-

Every employer shall keep a record in respect of any injury to an

employee. Such record shall contain such information of disease,

other disability, or death in respect of such injury as the

Secretary may by regulation require, and shall be available to

inspection by the Secretary or by any State authority at such times

and under such conditions as the Secretary may by regulation

prescribe.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 29, 44 Stat. 1438; Pub. L. 98-426,

Sec. 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-

-CITE-

33 USC Sec. 930 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 930. Reports to Secretary

-STATUTE-

(a) Time for sending; contents; copy to deputy commissioner

Within ten days from the date of any injury, which causes loss of

one or more shifts of work, or death or from the date that the

employer has knowledge of a disease or infection in respect of such

injury, the employer shall send to the Secretary a report setting

forth (1) the name, address, and business of the employer; (2) the

name, address, and occupation of the employee; (3) the cause and

nature of the injury or death; (4) the year, month, day, and hour

when and the particular locality where the injury or death

occurred; and (5) such other information as the Secretary may

require. A copy of such report shall be sent at the same time to

the deputy commissioner in the compensation district in which the

injury occurred. Notwithstanding the requirements of this

subsection, each employer shall keep a record of each and every

injury regardless of whether such injury results in the loss of one

or more shifts of work.

(b) Additional reports

Additional reports in respect of such injury and of the condition

of such employee shall be sent by the employer to the Secretary and

to such deputy commissioner at such times and in such manner as the

Secretary may prescribe.

(c) Use as evidence

Any report provided for in subsection (a) or (b) of this section

shall not be evidence of any fact stated in such report in any

proceeding in respect of such injury or death on account of which

the report is made.

(d) Compliance by mailing

The mailing of any such report and copy in a stamped envelope,

within the time prescribed in subsections (a) or (b) of this

section, to the Secretary and deputy commissioner, respectively,

shall be a compliance with this section.

(e) Penalty for failure or refusal to send report

Any employer, insurance carrier, or self-insured employer who

knowingly and willfully fails or refuses to send any report

required by this section or knowingly or willfully makes a false

statement or misrepresentation in any such report shall be subject

to a civil penalty not to exceed $10,000 for each such failure,

refusal, false statement, or misrepresentation.

(f) Tolling provision

Where the employer or the carrier has been given notice, or the

employer (or his agent in charge of the business in the place where

the injury occurred) or the carrier has knowledge, of any injury or

death of an employee and fails, neglects, or refuses to file report

thereof as required by the provisions of subsection (a) of this

section, the limitations in subsection (a) of section 913 of this

title shall not begin to run against the claim of the injured

employee or his dependents entitled to compensation, or in favor of

either the employer or the carrier, until such report shall have

been furnished as required by the provisions of subsection (a) of

this section.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 30, 44 Stat. 1439; June 25, 1938, ch.

685, Sec. 11, 52 Stat. 1167; Pub. L. 98-426, Secs. 18, 27(a)(2),

Sept. 28, 1984, 98 Stat. 1650, 1654.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-426, Sec. 18(a)(1), inserted ",

which causes loss of one or more shifts of work," after "Within ten

days from the date of any injury".

Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

Pub. L. 98-426, Sec. 18(a)(2), inserted at end "Notwithstanding

the requirements of this subsection, each employer shall keep a

record of each and every injury regardless of whether such injury

results in the loss of one or more shifts of work."

Subsecs. (b), (d). Pub. L. 98-426, Sec. 27(a)(2), substituted

"Secretary" for "commission". See Transfer of Functions note set

out under section 902 of this title.

Subsec. (e). Pub. L. 98-426, Sec. 18(b), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "Any

employer who fails or refuses to send any report required of him by

this section shall be subject to a civil penalty not to exceed $500

for each such failure or refusal."

1938 - Subsec. (f). Act June 25, 1938, added subsec. (f).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-

-CITE-

33 USC Sec. 931 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 931. Penalty for misrepresentation

-STATUTE-

(a) Felony; fine; imprisonment

(1) Any claimant or representative of a claimant who knowingly

and willfully makes a false statement or representation for the

purpose of obtaining a benefit or payment under this chapter shall

be guilty of a felony, and on conviction thereof shall be punished

by a fine not to exceed $10,000, by imprisonment not to exceed five

years, or by both.

(2) The United States attorney for the district in which the

injury is alleged to have occurred shall make every reasonable

effort to promptly investigate each complaint made under this

subsection.

(b) List of persons disqualified from representing claimants

(1) No representation fee of a claimant's representative shall be

approved by the deputy commissioner, an administrative law judge,

the Board, or a court pursuant to section 928 of this title, if the

claimant's representative is on the list of individuals who are

disqualified from representing claimants under this chapter

maintained by the Secretary pursuant to paragraph (2) of this

subsection.

(2)(A) The Secretary shall annually prepare a list of those

individuals in each compensation district who have represented

claimants for a fee in cases under this chapter and who are not

authorized to represent claimants. The names of individuals

contained on the list required under this subparagraph shall be

made available to employees and employers in each compensation

district through posting and in such other forms as the Secretary

may prescribe.

(B) Individuals shall be included on the list of those not

authorized to represent claimants under this chapter if the

Secretary determines under this section, in accordance with the

procedure provided in subsection (j) of section 907 of this title,

that such individual -

(i) has been convicted (without regard to pending appeal) of

any crime in connection with the representation of a claimant

under this chapter or any workers' compensation statute;

(ii) has engaged in fraud in connection with the presentation

of a claim under this or any workers' compensation statute,

including, but not limited to, knowingly making false

representations, concealing or attempting to conceal material

facts with respect to a claim, or soliciting or otherwise

procuring false testimony;

(iii) has been prohibited from representing claimants before

any other workers' compensation agency for reasons of

professional misconduct which are similar in nature to those

which would be grounds for disqualification under this paragraph;

or

(iv) has accepted fees for representing claimants under this

chapter which were not approved, or which were in excess of the

amount approved pursuant to section 928 of this title.

(C) Notwithstanding subparagraph (B), no individual who is on the

list required to be maintained by the Secretary pursuant to this

section shall be prohibited from presenting his or her own claim or

from representing without fee, a claimant who is a spouse, mother,

father, sister, brother, or child of such individual.

(D) A determination under subparagraph (A) shall remain in effect

for a period of not less than three years and until the Secretary

finds and gives notice to the public that there is reasonable

assurance that the basis for the determination will not reoccur.

(3) No employee shall be liable to pay a representation fee to

any representative whose fee has been disallowed by reason of the

operation of this paragraph.

(4) The Secretary shall issue such rules and regulations as are

necessary to carry out this section.

(c) False statements or representation to reduce, deny, or

terminate benefits

A person including, but not limited to, an employer, his duly

authorized agent, or an employee of an insurance carrier who

knowingly and willfully makes a false statement or representation

for the purpose of reducing, denying, or terminating benefits to an

injured employee, or his dependents pursuant to section 909 of this

title if the injury results in death, shall be punished by a fine

not to exceed $10,000, by imprisonment not to exceed five years, or

by both.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 31, 44 Stat. 1439; Pub. L. 98-426,

Sec. 19, Sept. 28, 1984, 98 Stat. 1650.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426 designated existing provisions as subsec.

(a)(1), substituted "Any claimant or representative of a claimant

who knowingly and willfully makes a false statement or

representation for the purpose of obtaining a benefit or payment

under this chapter shall be guilty of a felony, and on conviction

thereof shall be punished by a fine not to exceed $10,000, by

imprisonment not to exceed five years, or by both" for "Any person

who willfully makes any false or misleading statement or

representation for the purpose of obtaining any benefit or payment

under this chapter shall be guilty of a misdemeanor and on

conviction thereof shall be punished by a fine of not to exceed

$1,000 or by imprisonment of not to exceed one year, or by both

such fine and imprisonment", and added subsecs. (a)(2), (b), and

(c).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

-End-

-CITE-

33 USC Sec. 932 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 932. Security for compensation

-STATUTE-

(a) Every employer shall secure the payment of compensation under

this chapter -

(1) By insuring and keeping insured the payment of such

compensation with any stock company or mutual company or

association, or with any other person or fund, while such person

or fund is authorized (A) under the laws of the United States or

of any State, to insure workmen's compensation, and (B) by the

Secretary, to insure payment of compensation under this chapter;

or

(2) By furnishing satisfactory proof to the Secretary of his

financial ability to pay such compensation and receiving an

authorization from the Secretary to pay such compensation

directly. The Secretary may, as a condition to such

authorization, require such employer to deposit in a depository

designated by the Secretary either an indemnity bond or

securities (at the option of the employer) of a kind and in an

amount determined by the Secretary, based on the employer's

financial condition, the employer's previous record of payments,

and other relevant factors, and subject to such conditions as the

Secretary may prescribe, which shall include authorization to the

Secretary in case of default to sell any such securities

sufficient to pay compensation awards or to bring suit upon such

bonds, to procure prompt payment of compensation under this

chapter. Any employer securing compensation in accordance with

the provisions of this paragraph shall be known as a

self-insurer.

(b) In granting authorization to any carrier to insure payment of

compensation under this chapter the Secretary may take into

consideration the recommendation of any State authority having

supervision over carriers or over workmen's compensation, and may

authorize any carrier to insure the payment of compensation under

this chapter in a limited territory. Any marine protection and

indemnity mutual insurance corporation or association, authorized

to write insurance against liability for loss or damage from

personal injury and death, and for other losses and damages,

incidental to or in respect of the ownership, operation, or

chartering of vessels on a mutual assessment plan, shall be deemed

a qualified carrier to insure compensation under this chapter. The

Secretary may suspend or revoke any such authorization for good

cause shown after a hearing at which the carrier shall be entitled

to be heard in person or by counsel and to present evidence. No

suspension or revocation shall affect the liability of any carrier

already incurred.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 32, 44 Stat. 1439; Pub. L. 98-426,

Secs. 20, 27(a)(2), Sept. 28, 1984, 98 Stat. 1652, 1654.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(1). Pub. L. 98-426, Sec. 27(a)(2), substituted

"Secretary" for "commission". See Transfer of Functions note set

out under section 902 of this title.

Subsec. (a)(2). Pub. L. 98-426, Sec. 20, inserted "based on the

employer's financial condition, the employer's previous record of

payments, and other relevant factors," after "in an amount

determined by the commission,".

Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

Subsec. (b). Pub. L. 98-426, Sec. 27(a)(2), substituted

"Secretary" for "commission". See Transfer of Functions note set

out under section 902 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 908 of this title; title 8

section 1288.

-End-

-CITE-

33 USC Sec. 933 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 933. Compensation for injuries where third persons are liable

-STATUTE-

(a) Election of remedies

If on account of a disability or death for which compensation is

payable under this chapter the person entitled to such compensation

determines that some person other than the employer or a person or

persons in his employ is liable in damages, he need not elect

whether to receive such compensation or to recover damages against

such third person.

(b) Acceptance of compensation operating as assignment

Acceptance of compensation under an award in a compensation order

filed by the deputy commissioner, an administrative law judge, or

the Board shall operate as an assignment to the employer of all

rights of the person entitled to compensation to recover damages

against such third person unless such person shall commence an

action against such third person within six months after such

acceptance. If the employer fails to commence an action against

such third person within ninety days after the cause of action is

assigned under this section, the right to bring such action shall

revert to the person entitled to compensation. For the purpose of

this subsection, the term "award" with respect to a compensation

order means a formal order issued by the deputy commissioner, an

administrative law judge, or Board.

(c) Payment into section 944 fund operating as assignment

The payment of such compensation into the fund established in

section 944 of this title shall operate as an assignment to the

employer of all right of the legal representative of the deceased

(hereinafter referred to as "representative") to recover damages

against such third person.

(d) Institution of proceedings or compromise by assignee

Such employer on account of such assignment may either institute

proceedings for the recovery of such damages or may compromise with

such third person either without or after instituting such

proceeding.

(e) Recoveries by assignee

Any amount recovered by such employer on account of such

assignment, whether or not as the result of a compromise, shall be

distributed as follows:

(1) The employer shall retain an amount equal to -

(A) the expenses incurred by him in respect to such

proceedings or compromise (including a reasonable attorney's

fee as determined by the deputy commissioner or Board);

(B) the cost of all benefits actually furnished by him to the

employee under section 907 of this title;

(C) all amounts paid as compensation;

(D) the present value of all amounts thereafter payable as

compensation, such present value to be computed in accordance

with a schedule prepared by the Secretary, and the present

value of the cost of all benefits thereafter to be furnished

under section 907 of this title, to be estimated by the deputy

commissioner, and the amounts so computed and estimated to be

retained by the employer as a trust fund to pay such

compensation and the cost of such benefits as they become due,

and to pay any sum finally remaining in excess thereof to the

person entitled to compensation or to the representative; and

(2) The employer shall pay any excess to the person entitled to

compensation or to the representative.

(f) Institution of proceedings by person entitled to compensation

If the person entitled to compensation institutes proceedings

within the period prescribed in subsection (b) of this section the

employer shall be required to pay as compensation under this

chapter a sum equal to the excess of the amount which the Secretary

determines is payable on account of such injury or death over the

net amount recovered against such third person. Such net amount

shall be equal to the actual amount recovered less the expenses

reasonably incurred by such person in respect to such proceedings

(including reasonable attorneys' fees).

(g) Compromise obtained by person entitled to compensation

(1) If the person entitled to compensation (or the person's

representative) enters into a settlement with a third person

referred to in subsection (a) of this section for an amount less

than the compensation to which the person (or the person's

representative) would be entitled under this chapter, the employer

shall be liable for compensation as determined under subsection (f)

of this section only if written approval of the settlement is

obtained from the employer and the employer's carrier, before the

settlement is executed, and by the person entitled to compensation

(or the person's representative). The approval shall be made on a

form provided by the Secretary and shall be filed in the office of

the deputy commissioner within thirty days after the settlement is

entered into.

(2) If no written approval of the settlement is obtained and

filed as required by paragraph (1), or if the employee fails to

notify the employer of any settlement obtained from or judgment

rendered against a third person, all rights to compensation and

medical benefits under this chapter shall be terminated, regardless

of whether the employer or the employer's insurer has made payments

or acknowledged entitlement to benefits under this chapter.

(3) Any payments by the special fund established under section

944 of this title shall be a lien upon the proceeds of any

settlement obtained from or judgment rendered against a third

person referred to under subsection (a) of this section.

Notwithstanding any other provision of law, such lien shall be

enforceable against such proceeds, regardless of whether the

Secretary on behalf of the special fund has agreed to or has

received actual notice of the settlement or judgment.

(4) Any payments by a trust fund described in section 917 of this

title shall be a lien upon the proceeds of any settlement obtained

from or judgment recorded against a third person referred to under

subsection (a) of this section. Such lien shall have priority over

a lien under paragraph (3) of this subsection.

(h) Subrogation

Where the employer is insured and the insurance carrier has

assumed the payment of the compensation, the insurance carrier

shall be subrogated to all the rights of the employer under this

section.

(i) Right to compensation as exclusive remedy

The right to compensation or benefits under this chapter shall be

the exclusive remedy to an employee when he is injured, or to his

eligible survivors or legal representatives if he is killed, by the

negligence or wrong of any other person or persons in the same

employ: Provided, That this provision shall not affect the

liability of a person other than an officer or employee of the

employer.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 33, 44 Stat. 1440; June 25, 1938, ch.

685, Secs. 12, 13, 52 Stat. 1168; Pub. L. 86-171, Aug. 18, 1959, 73

Stat. 391; Pub. L. 92-576, Sec. 15(f)-(h), Oct. 27, 1972, 86 Stat.

1262; Pub. L. 98-426, Sec. 21, Sept. 28, 1984, 98 Stat. 1652.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-426, Sec. 21(a), substituted

"Acceptance of compensation under an award in a compensation order

filed by the deputy commissioner, an administrative law judge, or

the Board shall operate as an assignment to the employer of all

rights of the person entitled to compensation to recover damages

against such third person unless such person shall commence an

action against such third person within six months after such

acceptance" for "Acceptance of such compensation under an award in

a compensation order filed by the deputy commissioner or Board

shall operate as an assignment to the employer of all right of the

person entitled to compensation to recover damages against such

third person unless such person shall commence an action against

such third person within six months after such award" and inserted

at end "If the employer fails to commence an action against such

third person within ninety days after the cause of action is

assigned under this section, the right to bring such action shall

revert to the person entitled to compensation. For the purpose of

this subsection, the term 'award' with respect to a compensation

order means a formal order issued by the deputy commissioner, an

administrative law judge, or Board."

Subsec. (e)(2). Pub. L. 98-426, Sec. 21(b), struck out ", less

one-fifth of such excess which shall belong to the employer" after

"or to the representative".

Subsec. (f). Pub. L. 98-426, Sec. 21(c)(1), inserted "net" before

"amount recovered".

Pub. L. 98-426, Sec. 21(c)(2), inserted at end "Such net amount

shall be equal to the actual amount recovered less the expenses

reasonably incurred by such person in respect to such proceedings

(including reasonable attorneys' fees)."

Subsec. (g). Pub. L. 98-426, Sec. 21(d), designated existing

provisions as par. (1), substituted "If the person entitled to

compensation (or the person's representative) enters into a

settlement with a third person referred to in subsection (a) of

this section for an amount less than the compensation to which the

person (or the person's representative) would be entitled under

this chapter, the employer shall be liable for compensation as

determined under subsection (f) of this section only if written

approval of the settlement is obtained from the employer and the

employer's carrier, before the settlement is executed, and by the

person entitled to compensation (or the person's representative)"

for "If compromise with such third person is made by the person

entitled to compensation or such representative of an amount less

than the compensation to which such person or representative would

be entitled to under this chapter the employer shall be liable for

compensation as determined in subsection (f) of this section only

if the written approval of such compromise is obtained from the

employer and its insurance carrier by the person entitled to

compensation or such representative at the time of or prior to such

compromise on a form provided by the Secretary and filed in the

office of the deputy commissioner having jurisdiction of such

injury or death within thirty days after such compromise is made",

inserted at end "The approval shall be made on a form provided by

the Secretary and shall be filed in the office of the deputy

commissioner within thirty days after the settlement is entered

into.", and added pars. (2) to (4).

1972 - Subsecs. (b), (e)(1)(A). Pub. L. 92-576, Sec. 15(f), (g),

inserted "or Board" after "deputy commissioner".

Subsec. (g). Pub. L. 92-576, Sec. 15(h), substituted "if the

written approval of such compromise is obtained from the employer

and its insurance carrier by the person entitled to compensation or

such representative at the time of or prior to such compromise on a

form provided by the Secretary and filed in the office of the

deputy commissioner having jurisdiction of such injury or death

within thirty days after such compromise is made" for "if such

compromise is made with his written approval".

1959 - Subsec. (a). Pub. L. 86-171 inserted "or a person or

persons in his employ" after "employer" and substituted "he need

not elect whether" for "he may elect, by giving notice to the

deputy commissioner in such manner as the Secretary may provide,".

Subsec. (b). Pub. L. 86-171 inserted "unless such person shall

commence an action against such third person within six months

after such award".

Subsec. (c). Pub. L. 86-171 struck out ", whether or not the

representative has notified the deputy commissioner of his

election" after "third person".

Subsec. (d). Pub. L. 86-171 reenacted subsec. (d) without change.

Subsec. (e). Pub. L. 86-171 substituted "Secretary" for

"Commission" in par. (1)(D) and inserted in par. (2) "less

one-fifth of such excess which shall belong to the employer".

Subsec. (f). Pub. L. 86-171 struck out "or the representative

elects to recover damages against such third person and notifies

the Secretary of his election and" before "institutes" and

substituted "subsection (b) of this section" for "section 913 of

this title" and "Secretary" for "Commission".

Subsec. (g). Pub. L. 86-171 corrected reference to "subsection

(e)" to read "subsection (f)".

Subsecs. (h), (i). Pub. L. 86-171 redesignated subsec. (i) as (h)

and struck out former subsec. (h) that permitted the deputy

commissioner to make an election for a minor or to authorize the

parent or guardian to make the election.

1938 - Subsec. (b). Act June 25, 1938, Sec. 12, inserted "under

an award in a compensation order filed by the deputy commissioner"

and struck out ", whether or not the person entitled to

compensation has notified the deputy commissioner of his election"

at end of sentence.

Subsec. (e). Act June 25, 1938, Sec. 12, redesignated par. (1)(C)

as par. (1)(C) and (D) and included in said par. (1)(D) the present

value of the cost of benefits furnished.

Subsec. (i). Act June 25, 1938, Sec. 13, added subsec. (i).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, and

applicable both with respect to claims filed after such date and to

claims pending on such date, see section 28(a) of Pub. L. 98-426,

set out as a note under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 905, 907 of this title;

title 30 section 932.

-End-

-CITE-

33 USC Sec. 934 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 934. Compensation notice

-STATUTE-

Every employer who has secured compensation under the provisions

of this chapter shall keep posted in a conspicuous place or places

in and about his place or places of business typewritten or printed

notices, in accordance with a form prescribed by the Secretary,

stating that such employer has secured the payment of compensation

in accordance with the provisions of this chapter. Such notices

shall contain the name and address of the carrier, if any, with

whom the employer has secured payment of compensation and the date

of the expiration of the policy.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 34, 44 Stat. 1441; Pub. L. 98-426,

Sec. 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426 substituted "Secretary" for "commission".

See Transfer of Functions note set out under section 902 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

-End-

-CITE-

33 USC Sec. 935 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 935. Substitution of carrier for employer

-STATUTE-

In any case where the employer is not a self-insurer, in order

that the liability for compensation imposed by this chapter may be

most effectively discharged by the employer, and in order that the

administration of this chapter in respect of such liability may be

facilitated, the Secretary shall by regulation provide for the

discharge, by the carrier for such employer, of such obligations

and duties of the employer in respect to such liability, imposed by

this chapter upon the employer, as it considers proper in order to

effectuate the provisions of this chapter. For such purposes (1)

notice to or knowledge of an employer of the occurrence of the

injury shall be notice to or knowledge of the carrier, (2)

jurisdiction of the employer by a deputy commissioner, the Board,

or the Secretary, or any court under this chapter shall be

jurisdiction of the carrier, and (3) any requirement by a deputy

commissioner, the Board, or the Secretary, or any court under any

compensation order, finding, or decision shall be binding upon the

carrier in the same manner and to the same extent as upon the

employer.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 35, 44 Stat. 1441; Pub. L. 92-576,

Sec. 15(i), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec.

27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426 substituted "Secretary" for "commission".

See Transfer of Functions note set out under section 902 of this

title.

1972 - Pub. L. 92-576 inserted reference to the Board in cls. (2)

and (3).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 936 of this title.

-End-

-CITE-

33 USC Sec. 936 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 936. Insurance policies

-STATUTE-

(a) Every policy or contract of insurance issued under authority

of this chapter shall contain (1) a provision to carry out the

provisions of section 935 of this title, and (2) a provision that

insolvency or bankruptcy of the employer and/or discharge therein

shall not relieve the carrier from payment of compensation for

disability or death sustained by an employee during the life of

such policy or contract.

(b) No contract or policy of insurance issued by a carrier under

this chapter shall be canceled prior to the date specified in such

contract or policy for its expiration until at least thirty days

have elapsed after a notice of cancellation has been sent to the

deputy commissioner and to the employer in accordance with the

provisions of subsection (c) of section 912 of this title.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 36, 44 Stat. 1441.)

-End-

-CITE-

33 USC Sec. 937 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 937. Certificate of compliance with chapter

-STATUTE-

No stevedoring firm shall be employed in any compensation

district by a vessel or by hull owners until it presents to such

vessel or hull owners a certificate issued by a deputy commissioner

assigned to such district that it has complied with the provisions

of this chapter requiring the securing of compensation to its

employees. Any person violating the provisions of this section

shall be punished by a fine of not more than $1,000, or by

imprisonment for not more than one year, or by both such fine and

imprisonment.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 37, 44 Stat. 1442.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-

-CITE-

33 USC Sec. 938 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 938. Penalties

-STATUTE-

(a) Failure to secure payment of compensation

Any employer required to secure the payment of compensation under

this chapter who fails to secure such compensation shall be guilty

of a misdemeanor and, upon conviction thereof, shall be punished by

a fine of not more than $10,000, or by imprisonment for not more

than one year, or by both such fine and imprisonment; and in any

case where such employer is a corporation, the president,

secretary, and treasurer thereof shall be also severally liable to

such fine or imprisonment as herein provided for the failure of

such corporation to secure the payment of compensation; and such

president, secretary, and treasurer shall be severally personally

liable, jointly with such corporation, for any compensation or

other benefit which may accrue under the said chapter in respect to

any injury which may occur to any employee of such corporation

while it shall so fail to secure the payment of compensation as

required by section 932 of this title.

(b) Avoiding payment of compensation

Any employer who knowingly transfers, sells, encumbers, assigns,

or in any manner disposes of, conceals, secretes, or destroys any

property belonging to such employer, after one of his employees has

been injured within the purview of this chapter, and with intent to

avoid the payment of compensation under this chapter to such

employee or his dependents, shall be guilty of a misdemeanor and,

upon conviction thereof, shall be punished by a fine of not more

than $10,000, or by imprisonment for not more than one year, or by

both such fine and imprisonment; and in any case where such

employer is a corporation, the president, secretary, and treasurer

thereof shall be also severally liable to such penalty of

imprisonment as well as jointly liable with such corporation for

such fine.

(c) Effect on other liability of employer

This section shall not affect any other liability of the employer

under this chapter.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 38, 44 Stat. 1442; June 25, 1938, ch.

685, Sec. 14, 52 Stat. 1168; Pub. L. 98-426, Sec. 22, Sept. 28,

1984, 98 Stat. 1653.)

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (b). Pub. L. 98-426 substituted "$10,000"

for "$1,000" wherever appearing.

1938 - Act June 25, 1938, amended section generally, designating

first sentence as subsec. (a) and inserting provisions respecting

liability of corporate officers, adding subsec. (b), and

designating second sentence as subsec. (c).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-

-CITE-

33 USC Sec. 939 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 939. Administration by Secretary

-STATUTE-

(a) Prescribing rules and regulations; appointing and fixing

compensation of employees; making expenditures

Except as otherwise specifically provided, the Secretary shall

administer the provisions of this chapter, and for such purpose the

Secretary is authorized (1) to make such rules and regulations; (2)

to appoint and fix the compensation of such temporary technical

assistants and medical advisers, and, subject to the provisions of

the civil service laws, to appoint, and, in accordance with chapter

51 and subchapter III of chapter 53 of title 5, to fix the

compensation of such deputy commissioners (except deputy

commissioners appointed under subsection (a) of section 940 of this

title) and other officers and employees; and (3) to make such

expenditures (including expenditures for personal services and rent

at the seat of government and elsewhere, for law books, books of

reference, periodicals, and for printing and binding) as may be

necessary in the administration of this chapter. All expenditures

of the Secretary in the administration of this chapter shall be

allowed and paid as provided in section 945 (!1) of this title upon

the presentation of itemized vouchers therefor approved by the

Secretary.

(b) Establishing compensation districts

The Secretary shall establish compensation districts, to include

the high seas and the areas within the United States to which this

chapter applies, and shall assign to each such district one or more

deputy commissioners, as the Secretary deems advisable. Judicial

proceedings under sections 918 and 921 of this title in respect of

any injury or death occurring on the high seas shall be instituted

in the district court within whose territorial jurisdiction is

located the office of the deputy commissioner having jurisdiction

in respect of such injury or death (or in the United States

District Court for the District of Columbia if such office is

located in such District).

(c) Furnishing information and assistance; directing vocational

rehabilitation

(1) The Secretary shall, upon request, provide persons covered by

this chapter with information and assistance relating to the

chapter's coverage and compensation and the procedures for

obtaining such compensation and including assistance in processing

a claim. The Secretary may, upon request, provide persons covered

by this chapter with legal assistance in processing a claim. The

Secretary shall also provide employees receiving compensation

information on medical, manpower, and vocational rehabilitation

services and assist such employees in obtaining the best such

services available.

(2) The Secretary shall direct the vocational rehabilitation of

permanently disabled employees and shall arrange with the

appropriate public or private agencies in States or Territories,

possessions, or the District of Columbia for such rehabilitation.

The Secretary may in his discretion furnish such prosthetic

appliances or other apparatus made necessary by an injury upon

which an award has been made under this chapter to render a

disabled employee fit to engage in a remunerative occupation. Where

necessary rehabilitation services are not available otherwise, the

Secretary of Labor may, in his discretion, use the fund provided

for in section 944 of this title in such amounts as may be

necessary to procure such services, including necessary prosthetic

appliance or other apparatus. This fund shall also be available in

such amounts as may be authorized in annual appropriations for the

Department of Labor for the costs of administering this subsection.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 39, 44 Stat. 1442; June 25, 1936, ch.

804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.

991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Oct. 28, 1949,

ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; July 26, 1956, ch.

735, Sec. 7, 70 Stat. 656; Pub. L. 92-576, Sec. 17, Oct. 27, 1972,

86 Stat. 1262; Pub. L. 98-426, Sec. 27(a)(2), (c), Sept. 28, 1984,

98 Stat. 1654.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

Section 945 of this title, referred to in subsec. (a), was

repealed by Pub. L. 98-426, Sec. 25, Sept. 28, 1984, 98 Stat. 1654.

See section 944 of this title.

-COD-

CODIFICATION

In subsec. (a) "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

As originally enacted, subsec. (b) contained a reference to the

Supreme Court of the District of Columbia. Act June 25, 1936,

substituted "the district court of the United States for the

District of Columbia" for "the Supreme Court of the District of

Columbia", and act June 25, 1948, as amended by act May 24, 1949,

substituted "United States District Court for the District of

Columbia" for "district court of the United States for the District

of Columbia".

Former second sentence of subsec. (c), providing that the Federal

Board for Vocational Education should cooperate with the Employees'

Compensation Commission in such educational work has been omitted.

The functions of the Board were transferred to the Department of

the Interior by Ex. Ord. No. 6166, Sec. 15, June 10, 1933, and then

to the Federal Security Agency by Reorg. Plan No. 1 of 1939, Secs.

201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424. The

Commission was abolished and its functions transferred to the

Federal Security Administrator and the Federal Board for Vocational

Education was abolished by Reorg. Plan No. 2 of 1946, former

sections 3 and 8, respectively, set out in the Appendix to Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-426, Sec. 27(c), substituted

"Secretary" for "United States Employees' Compensation Commission".

See Transfer of Functions note set out under section 902 of this

title.

Subsecs. (b), (c)(2). Pub. L. 98-426, Sec. 27(a)(2), substituted

"Secretary" for "commission". See Transfer of Functions note set

out under section 902 of this title.

1972 - Subsec. (c). Pub. L. 92-576 added par. (1) and

redesignated existing provisions as par. (2).

1956 - Subsec. (c). Act July 26, 1956, substituted

"rehabilitation" for "education" at end of first sentence, and

substituted last two sentences, relating to use of special fund

where necessary rehabilitation services are not available, and

availability of fund in amounts authorized annually for the

Department of Labor for former sentence which provided that "If any

surplus is left in any fiscal year in the fund provided for in

section 944 of this title, such surplus may be used in subsequent

fiscal years for the purposes of administration and investigation."

1949 - Subsec. (a). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 944 of this title; title 5

sections 7151, 8171.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 940 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 940. Deputy commissioners

-STATUTE-

(a) Appointment; use of personnel and facilities of boards,

commissions, or other agencies; expenses and salaries

The Secretary may appoint as deputy commissioners any member of

any board, commission, or other agency of a State to act as deputy

commissioner for any compensation district or part thereof in such

State, and may make arrangements with such board, commission, or

other agency for the use of the personnel and facilities thereof in

the administration of this chapter. The Secretary may make such

arrangements as may be deemed advisable by him for the payment of

expenses of such board, commission, or other agency, incurred in

the administration of this chapter pursuant to this section, and

for the payment of salaries to such board, commission, or other

agency, or the members thereof, and may pay any amounts agreed upon

to the proper officers of the State, upon vouchers approved by the

Secretary.

(b) Appointment in Territories and District of Columbia;

compensation

In any Territory of the United States or in the District of

Columbia a person holding an office under the United States may be

appointed deputy commissioner and for services rendered as deputy

commissioner may be paid compensation, in addition to that he is

receiving from the United States, in an amount fixed by the

Secretary in accordance with chapter 51 and subchapter III of

chapter 53 of title 5.

(c) Transfers to other districts; temporary details

Deputy commissioners (except deputy commissioners appointed under

subsection (a) of this section) may be transferred from one

compensation district to another and may be temporarily detailed

from one compensation district for service in another in the

discretion of the Secretary.

(d) Maintaining offices

Each deputy commissioner shall maintain and keep open during

reasonable business hours an office, at a place designated by the

Secretary, for the transaction of business under this chapter, at

which office he shall keep his official records and papers. Such

office shall be furnished and equipped by the Secretary, who shall

also furnish the deputy commissioner with all necessary clerical

and other assistants, records, books, blanks, and supplies.

Wherever practicable such office shall be located in a building

owned or leased by the United States; otherwise the Secretary shall

rent suitable quarters.

(e) Records and papers

If any deputy commissioner is removed from office, or for any

reason ceases to act as such deputy commissioner, all of his

official records and papers and office equipment shall be

transferred to his successor in office or, if there be no

successor, then to the Secretary or to a deputy commissioner

designated by the Secretary.

(f) Conflict of interest

Neither a deputy commissioner or Board member nor any business

associate of a deputy commissioner or Board member shall appear as

attorney in any proceeding under this chapter, and no deputy

commissioner or Board member shall act in any such case in which he

is interested, or when he is employed by any party in interest or

related to any party in interest by consanguinity or affinity

within the third degree, as determined by the common law.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 40, 44 Stat. 1443; Oct. 28, 1949, ch.

782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 92-576, Sec.

15(j), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec. 27(a)(2),

Sept. 28, 1984, 98 Stat. 1654.)

-COD-

CODIFICATION

In subsec. (b) "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1984 - Subsecs. (a) to (e). Pub. L. 98-426 substituted

"Secretary" for "commission". See Transfer of Functions note set

out under section 902 of this title.

1972 - Subsec. (f). Pub. L. 92-576 inserted references to Board

member.

1949 - Subsec. (b). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions to the Secretary of Labor, see note set

out under section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 939 of this title.

-End-

-CITE-

33 USC Sec. 941 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 941. Safety rules and regulations

-STATUTE-

(a) Safe place of employment; installation of safety devices and

safeguards

Every employer shall furnish and maintain employment and places

of employment which shall be reasonably safe for his employees in

all employments covered by this chapter and shall install, furnish,

maintain, and use such devices and safeguards with particular

reference to equipment used by and working conditions established

by such employers as the Secretary may determine by regulation or

order to be reasonably necessary to protect the life, health, and

safety of such employees, and to render safe such employment and

places of employment, and to prevent injury to his employees.

However, the Secretary may not make determinations by regulation or

order under this section as to matters within the scope of title 52

of the Revised Statutes and Acts supplementary or amendatory

thereto, the Act of June 15, 1917 (ch. 30, 40 Stat. 220), as

amended, or section 1333(e) of title 43.

(b) Studies and investigations by Secretary

The Secretary, in enforcing and administering the provisions of

this section, is authorized in addition to such other powers and

duties as are conferred upon him -

(1) to make studies and investigations with respect to safety

provisions and the causes and prevention of injuries in

employments covered by this chapter, and in making such studies

and investigations to cooperate with any agency of the United

States or with any State agency engaged in similar work;

(2) to utilize the services of any agency of the United States

or any State agency engaged in similar work (with the consent of

such agency) in connection with the administration of this

section;

(3) to promote uniformity in safety standards in employments

covered by this chapter through cooperative action with any

agency of the United States or with any State agency engaged in

similar work;

(4) to provide for the establishment and supervision of

programs for the education and training of employers and

employees in the recognition, avoidance, and prevention of unsafe

working conditions in employments covered by this chapter, and to

consult with and advise employers as to the best means of

preventing injuries;

(5) to hold such hearings, issue such orders, and make such

decisions, based upon findings of fact, as are deemed to be

necessary to enforce the provisions of this section, and for such

purposes the Secretary and the district courts shall have the

authority and jurisdiction provided by section 39 of title 41,

and the Secretary shall be represented in any court proceedings

as provided in section 921a of this title.

(c) Inspection of places and practices of employment

The Secretary or his authorized representative may inspect such

places of employment, question such employees, and investigate such

conditions, practices, or matters in connection with employment

subject to this chapter, as he may deem appropriate to determine

whether any person has violated any provision of this section, or

any rule or regulation issued thereunder, or which may aid in the

enforcement of the provisions of this section. No employer or other

person shall refuse to admit the Secretary or his authorized

representatives to any such place or shall refuse to permit any

such inspection.

(d) Requests for advice; variations from safety rules and

regulations

Any employer may request the advice of the Secretary or his

authorized representative, in complying with the requirements of

any rule or regulation adopted to carry out the provisions of this

section. In case of practical difficulties or unnecessary

hardships, the Secretary in his discretion may grant variations

from any such rule or regulation, or particular provisions thereof,

and permit the use of other or different devices if he finds that

the purpose of the rule or regulation will be observed by the

variation and the safety of employees will be equally secured

thereby. Any person affected by such rule or regulation, or his

agent, may request the Secretary to grant such variation, stating

in writing the grounds on which his request is based. Any

authorization by the Secretary of a variation shall be in writing,

shall describe the conditions under which the variation shall be

permitted, and shall be published as provided in section 552 of

title 5. A properly indexed record of all variations shall be kept

in the office of the Secretary and open to public inspection.

(e) Jurisdiction to restrain violations

The United States district courts shall have jurisdiction for

cause shown, in any action brought by the Secretary, represented as

provided in section 921a of this title, to restrain violations of

this section or of any rule, regulation, or order of the Secretary

adopted to carry out the provisions of this section.

(f) Violations and penalties

Any employer who, willfully, violates or fails or refuses to

comply with the provisions of subsection (a) of this section, or

with any lawful rule, regulation, or order adopted to carry out the

provisions of this section, and any employer or other person who

willfully interferes with, hinders, or delays the Secretary or his

authorized representative in carrying out his duties under

subsection (c) of this section by refusing to admit the Secretary

or his authorized representative to any place, or to permit the

inspection or examination of any employment or place of employment,

or who willfully hinders or delays the Secretary or his authorized

representative in the performance of his duties in the enforcement

of this section, shall be guilty of an offense, and, upon

conviction thereof, shall be punished for each offense by a fine of

not less than $100 nor more than $3,000; and in any case where such

employer is a corporation, the officer who willfully permits any

such violation to occur shall be guilty of an offense, and, upon

conviction thereof, shall be punished also for each offense by a

fine of not less than $100 nor more than $3,000. The liability

hereunder shall not affect any other liability of the employer

under this chapter.

(g) Inapplicability to certain employments

(1) The provisions of this section shall not apply in the case of

any employment relating to the operations for the exploration,

production, or transportation by pipeline of mineral resources upon

the navigable waters of the United States, nor under the authority

of the Act of August 7, 1953 (ch. 345, 67 Stat. 462) [43 U.S.C.

1331 et seq.], nor in the case of any employment in connection with

lands (except filled in, made or reclaimed lands) beneath the

navigable waters as defined in the Act of May 22, 1953 (ch. 65, 67

Stat. 29) [43 U.S.C. 1301 et seq.], nor in the case of any

employment for which compensation in case of disability or death is

provided for employees under the authority of the Act of May 17,

1928 (ch. 612, 45 Stat. 600), as amended, nor under the authority

of the Act of August 16, 1941 (ch. 357, 55 Stat. 622), as amended

[42 U.S.C. 1651 et seq.].

(2) The provisions of this section, with the exception of

paragraph (1) of subsection (b) of this section, shall not be

applied under the authority of subchapter I of chapter 81 of title

5.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 41, 44 Stat. 1444; Pub. L. 85-742,

Sec. 1, Aug. 23, 1958, 72 Stat. 835; Pub. L. 97-375, title I, Sec.

110(b), Dec. 21, 1982, 96 Stat. 1820.)

-REFTEXT-

REFERENCES IN TEXT

Title 52 of the Revised Statutes, referred to in subsec. (a),

consisted of R.S. Secs. 4399 to 4500, which were classified to

sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234,

239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391,

391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453,

460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of former

Title 46, Shipping. For complete classification of R.S. Secs. 4399

to 4500 to the Code, see Tables. A majority of such sections of the

Revised Statutes were repealed and various provisions thereof were

reenacted in Title 46, Shipping, by Pub. L. 98-89, Aug. 26, 1983,

97 Stat. 500. For disposition of sections of former Title 46 into

revised Title 46, see Table at beginning of Title 46.

Act of June 15, 1917, referred to in subsec. (a), is act June 15,

1917, ch. 30, 40 Stat. 217, as amended. For complete classification

of this Act to the Code, see Tables.

Act of August 7, 1953, referred to in subsec. (g)(1), is known as

the Outer Continental Shelf Lands Act, and is classified to

subchapter III (Sec. 1331 et seq.) of chapter 29 of Title 43,

Public Lands. For complete classification of this Act to the Code,

see Short Title note set out under section 1331 of Title 43 and

Tables.

Act of May 22, 1953, referred to in subsec. (g)(1), is known as

the Submerged Lands Act, and is classified generally to subchapters

I and II (Secs. 1301 et seq., 1311 et seq.) of chapter 29 of Title

43. For complete classification of this Act to the Code, see Short

Title note set out under section 1301 of Title 43 and Tables.

Act of May 17, 1928, referred to in subsec. (g)(1), extended the

applicability of this chapter in respect to the injury or death of

an employee of an employer carrying on any employment in the

District of Columbia.

Act of August 16, 1941, referred to in subsec. (g)(1), is known

as the Defense Base Act and is classified generally to chapter 11

(Sec. 1651 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 1651 of Title 42 and Tables.

-COD-

CODIFICATION

In subsec. (d) "section 552 of title 5" substituted for "section

3 of the Administrative Procedure Act (ch. 324, 60 Stat. 237), as

amended", and in subsec. (g)(2) "subchapter I of chapter 81 of

title 5" substituted for "the Act of September 7, 1916 (ch. 458, 39

Stat. 742), as amended", on authority of Pub. L. 89-554, Sec. 7(b),

Sept. 6, 1966, 80 Stat. 631, the first section of which enacted

Title 5, Government Organization and Employees. Said section 3 of

the Administrative Procedure Act had been classified to section

1002 of former Title 5, Executive Departments and Government

Officers and Employees. Said act of Sept. 7, 1916, was known as the

"Federal Employees' Compensation Act" and had been classified to

section 751 et seq. of former Title 5.

As originally enacted, subsec. (e) contained the phrase ",

together with the District Court for the Territory of Alaska,"

following "the United States district courts". The phrase has been

deleted as superfluous in view of Pub. L. 85-508, July 7, 1958, 72

Stat. 339 (set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions) which admitted Alaska into the

union and enacted section 81A of Title 28, Judiciary and Judicial

Procedure, constituting Alaska as one judicial district and in view

of section 132 of Title 28 which provides that: "There shall be in

each judicial district a district court which shall be a court of

record known as the United States District Court for the district."

-MISC1-

AMENDMENTS

1982 - Subsec. (b)(1). Pub. L. 97-375 struck out "and from time

to time make to Congress such recommendations as he may deem proper

as to the best means of preventing such injuries" after "by this

chapter".

1958 - Pub. L. 85-742 amended section generally and, among other

changes, empowered the Secretary of Labor to prescribe, by

regulation or order, safety rules for the furnishing and

maintenance of safe places of employment and for the installation,

furnishing and maintenance of safety devices and safeguards,

authorized the Secretary to provide for the establishment and

supervision of safety programs, permitted the inspection of places

of employment and investigation of employment conditions and

practices, granted jurisdiction to the district courts to restrain

violations of this section or of any rules, regulations or orders

of the Secretary, and to prescribe penalties for violations.

-CROSS-

"SECRETARY" DEFINED

Section 2 of Pub. L. 85-742 provided that: "The term 'Secretary'

as used in this Act and in amendments made by this Act [to this

section] means the Secretary of Labor."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 7902; title 30

section 932.

-End-

-CITE-

33 USC Sec. 942 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 942. Annual report

-STATUTE-

The Secretary shall make to Congress at the end of each fiscal

year,(!1) a report of the administration of this chapter for the

preceding fiscal year, including a detailed statement of receipts

of and expenditures from the fund established in section 944 of

this title, together with such recommendations as the Secretary

deems advisable. Such report shall include the annual report

required under section 936(b) of title 30 and shall be identified

as the Annual Report of the Office of Workers' Compensation

Programs.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 42, as added Pub. L. 98-426, Sec. 23,

Sept. 28, 1984, 98 Stat. 1653; amended Pub. L. 104-66, title I,

Sec. 1102(b)(1), Dec. 21, 1995, 109 Stat. 722.)

-MISC1-

PRIOR PROVISIONS

A prior section 942, act Mar. 4, 1927, ch. 509, Sec. 42, 44 Stat.

1444, related to travel and subsistence expenses. See section 5701

et seq. of Title 5, Government Organization and Employees.

AMENDMENTS

1995 - Pub. L. 104-66 substituted "end of each fiscal year" for

"beginning of each regular session, commencing at the beginning of

the second regular session after September 28, 1984" and inserted

at end "Such report shall include the annual report required under

section 936(b) of title 30 and shall be identified as the Annual

Report of the Office of Workers' Compensation Programs."

EFFECTIVE DATE

Section effective Sept. 28, 1984, see section 28(e)(1) of Pub. L.

98-426, set out as an Effective Date of 1984 Amendment note under

section 901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 944 of this title; title 5

section 8152; title 30 section 936.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

33 USC Sec. 943 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 943. Repealed. Pub. L. 89-348, Sec. 1(15), Nov. 8, 1965, 79

Stat. 1311

-MISC1-

Section, act Mar. 4, 1927, ch. 509, Sec. 43, 44 Stat. 1444,

required Secretary to make a report to Congress at beginning of

each regular session of the administration of this chapter for

preceding fiscal year, including a detailed statement of receipts

of and expenditures from funds established in sections 944 and 945

of this title.

-End-

-CITE-

33 USC Sec. 944 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 944. Special fund

-STATUTE-

(a) Establishment; administration; custody, trust

There is established in the Treasury of the United States a

special fund. Such fund shall be administered by the Secretary. The

Treasurer of the United States shall be the custodian of such fund,

and all moneys and securities in such fund shall be held in trust

by such Treasurer and shall not be money or property of the United

States.

(b) Disbursements; bond of custodian

The Treasurer is authorized to disburse moneys from such fund

only upon order of the Secretary. He shall be required to give bond

in an amount to be fixed and with securities to be approved by the

Secretary of the Treasury and the Comptroller General of the United

States conditioned upon the faithful performance of his duty as

custodian of such fund.

(c) Payments into fund

Payments into such fund shall be made as follows:

(1) Whenever the Secretary determines that there is no person

entitled under this chapter to compensation for the death of an

employee which would otherwise be compensable under this chapter,

the appropriate employer shall pay $5,000 as compensation for the

death of such an employee.

(2) At the beginning of each calendar year the Secretary shall

estimate the probable expenses of the fund during that calendar

year and the amount of payments required (and the schedule

therefor) to maintain adequate reserves in the fund. Each carrier

and self-insurer shall make payments into the fund on a prorated

assessment by the Secretary determined by -

(A) computing the ratio (expressed as a percent) of (i) the

carrier's or self-insured's workers' compensation payments

under this chapter during the preceding calendar year, to (ii)

the total of such payments by all carriers and self-insureds

under this chapter during such year;

(B) computing the ratio (expressed as a percent) of (i) the

payments under section 908(f) of this title during the

preceding calendar year which are attributable to the carrier

or self-insured, to (ii) the total of such payments during such

year attributable to all carriers and self-insureds;

(C) dividing the sum of the percentages computed under

subparagraphs (A) and (B) for the carrier or self-insured by

two; and

(D) multiplying the percent computed under subparagraph (C)

by such probable expenses of the fund (as determined under the

first sentence of this paragraph).

(3) All amounts collected as fines and penalties under the

provisions of this chapter shall be paid into such fund.

(d) Investigations; records, availability; recordkeeping;

provisions of sections 49 and 50 of title 15 applicable to

Secretary

(1) For the purpose of making rules, regulations, and

determinations under this section under and for providing

enforcement thereof, the Secretary may investigate and gather

appropriate data from each carrier and self-insurer. For that

purpose, the Secretary may enter and inspect such places and

records (and make such transcriptions thereof), question such

employees, and investigate such facts, conditions, practices, or

matters as he may deem necessary or appropriate.

(2) Each carrier and self-insurer shall make, keep, and preserve

such records, and make such reports and provide such additional

information, as prescribed by regulation or order of the Secretary,

as the Secretary deems necessary or appropriate to carry out his

responsibilities under this section.

(3) For the purpose of any hearing or investigation related to

determinations or the enforcement of the provisions of this

section, the provisions of sections 49 and 50 of title 15 (relating

to the attendance of witnesses and the production of books, papers,

and documents) are hereby made applicable to the jurisdiction,

powers, and duties of the Secretary of Labor.

(e) Depositories; investments

The Treasurer of the United States shall deposit any moneys paid

into such fund into such depository banks as the Secretary may

designate and may invest any portion of the funds which, in the

opinion of the Secretary, is not needed for current requirements,

in bonds or notes of the United States or of any Federal land bank.

(f) Limitation of liability

Neither the United States nor the Secretary shall be liable in

respect of payments authorized under section 908 of this title in

an amount greater than the money or property deposited in or

belonging to such fund.

(g) Audit by Comptroller General; finality of payment

determinations; credits of disbursing officers

The Comptroller General of the United States shall audit the

account for such fund, but the action of the Secretary in making

payments from such fund shall be final and not subject to review,

and the Comptroller General is authorized and directed to allow

credit in the accounts of any disbursing officer of the Secretary

for payments made from such fund authorized by the Secretary.

(h) Civil actions for civil penalties and unpaid assessments

All civil penalties and unpaid assessments provided for in this

chapter shall be collected by civil suit brought by the Secretary.

(i) Proceeds available for certain payments

The proceeds of this fund shall be available for payments:

(1) Pursuant to sections (!1) 910 of this title with respect to

certain initial and subsequent annual adjustments in compensation

for total permanent disability or death.

(2) Under section 908(f) and (g), under section 918(b), and

under section 939(c) of this title.

(3) To repay the sums deposited in the fund pursuant to

subsection (d) of this section.

(4) To defray the expense of making examinations as provided in

section 907(e) of this title.

(j) Audit to Congress

The fund shall be audited annually and the results of such audit

shall be included in the annual report required by section 942 of

this title.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 44, 44 Stat. 1444; July 26, 1956, ch.

735, Sec. 8, 70 Stat. 656; Pub. L. 92-576, Sec. 8, Oct. 27, 1972,

86 Stat. 1256; Pub. L. 98-426, Secs. 24, 27(a)(2), Sept. 28, 1984,

98 Stat. 1653, 1654.)

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (b). Pub. L. 98-426, Sec. 27(a)(2),

substituted "Secretary" for "commission". See Transfer of Functions

note set out under section 902 of this title.

Subsec. (c)(2). Pub. L. 98-426, Sec. 24(a), substituted

provisions requiring that, at the beginning of each calendar year

the Secretary estimate the probable expenses of the fund during

that calendar year and the amount of payments required (and the

schedule therefor) to maintain adequate reserves in the fund and

that each carrier and self-insurer make payments into the fund on a

prorated assessment by the Secretary determined by (A) computing

the ratio (expressed as a percent) of (i) the carrier's or

self-insured's workers' compensation payments under this chapter

during the preceding calendar year, to (ii) the total of such

payments by all carriers and self-insureds under this chapter

during such year; (B) computing the ratio (expressed as a percent)

of (i) the payments under section 908(f) of this title during the

preceding calendar year which are attributable to the carrier or

self-insured, to (ii) the total of such payments during such year

attributable to all carriers and self-insureds; (C) dividing the

sum of the percentages computed under (A) and (B) for the carrier

or self-insured by two; and (D) multiplying the percent computed

under (C) by such probable expenses of the fund (as determined

under the first sentence of this paragraph) for provisions which

had formerly required that at the beginning of each calendar year

the Secretary estimate the probable expenses of the fund during

that calendar year and each carrier or self-insurer make payments

into the fund on a prorated assessment by the Secretary in the

proportion that the total compensation and medical payments made on

risks covered by this chapter by each carrier and self-insurer bore

to the total of such payments made by all carriers and

self-insurers under the chapter in the prior calendar year in

accordance with a formula and schedule to be determined from time

to time by the Secretary to maintain adequate reserves in the fund.

Subsec. (e). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (f)

as (e). Former subsec. (e), which authorized the appropriation to

the Secretary of the sum of $2,000,000 which the Secretary was

required to deposit into the fund and directed that, upon deposit

in the fund such moneys would be treated as the property of such

fund, that the sum, without additional payments for interest, would

be repaid from the money or property belonging to the fund on a

schedule of repayment set by the Secretary, that full repayment had

to be made no later than five years from the date of deposit into

the fund, and that each such repayment, as made, would be covered

into the Treasury of the United States as miscellaneous receipts,

was struck out.

Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

Subsec. (f). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (g)

as (f). Former subsec. (f) redesignated (e).

Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

Subsec. (g). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (h)

as (g). Former subsec. (g) redesignated (f).

Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

Subsec. (h). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (i)

as (h). Former subsec. (h) redesignated (g).

Pub. L. 98-426, Sec. 24(c), inserted "and unpaid assessments"

after "civil penalties".

Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for

"commission". See Transfer of Functions note set out under section

902 of this title.

Subsec. (i). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (j)

as (i). Former subsec. (i) redesignated (h).

Subsec. (i)(1). Pub. L. 98-426, Sec. 24(d)(1), struck out "and

911" after "sections 910", inserted "certain" before "initial", and

struck out "which occurred prior to the effective date of this

subsection" after "disability or death".

Subsec. (i)(4). Pub. L. 98-426, Sec. 24(d)(2), inserted "(e)"

after "section 907".

Subsec. (j). Pub. L. 98-426, Sec. 24(b), redesignated (k) as (j).

Former subsec. (j) redesignated (i).

Pub. L. 98-426, Sec. 24(e), substituted "The fund shall be

audited annually and the results of such audit shall be included in

the annual report required by section 942 of this title" for "At

the close of each fiscal year the Secretary shall submit to the

Congress a complete audit of the fund".

Subsec. (k). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (k)

as (j).

1972 - Subsec. (a). Pub. L. 92-576, Sec. 8(a), substituted

"special fund" for "special fund for the purpose of making payments

in accordance with the provisions of subsections (f) and (g) of

section 908, of subsection (b) of section 918, and of subsection

(c) of section 939 of this title".

Subsec. (c)(1). Pub. L. 92-576, Sec. 8(b), increased compensation

payment for death to $5,000 from $1,000; inserted provision for

compensation which would otherwise be compensable under this

chapter; deleted second sentence, less two provisos, now

incorporated in subsec. (j)(2) of this section; deleted first such

proviso for priority of payments authorized by subsec. (f) over

other payments authorized from the fund; and deleted second such

proviso, now incorporated in subsec. (k) of this section.

Subsec. (c)(2), (3). Pub. L. 92-576, Sec. 8(b), added par. (2)

and redesignated former par. (2) as (3).

Subsec. (d). Pub. L. 92-576, Sec. 8(b), added subsec. (d). Former

subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 92-576, Sec. 8(b), added subsec. (e). Former

subsec. (e) redesignated (g).

Subsecs. (f) to (i). Pub. L. 92-576, Sec. 8(b), redesignated

former subsecs. (d) to (g) as (f) to (i), respectively.

Subsec. (j). Pub. L. 92-576, Sec. 8(d), added pars. (1), (3), and

(4), and incorporated former part of first sentence of subsec. (a)

and former second sentence, less provisos, of subsec. (c)(1), in

provisions designated as par. (2).

Subsec. (k). Pub. L. 92-576, Sec. 8(d), incorporated former

provisions of subsec. (c)(1), last proviso, in provisions

designated as subsec. (k).

1956 - Subsec. (a). Act July 26, 1956, Sec. 8(a), substituted ",

of subsection (b) of section 918 of this title, and of subsection

(c) of section 939 of this title" for "of this title."

Subsec. (c)(1). Act July 26, 1956, Sec. 8(b), substituted

provisions relating to availability of fund for payments under

sections 908(f) and (g), 918(b), and 939(c) of this title, proviso

that subsec. (f) payments have priority, and further proviso

requiring annual audit, for former provision that fifty per centum

of each payment shall be available for the payments under section

908(f) and (g) of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,

1972, see section 22 of Pub. L. 92-576, set out as a note under

section 902 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, were excepted from transfer when Coast

Guard is operating as part of Navy under sections 1 and 3 of Title

14, Coast Guard.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 907, 908, 910, 918, 922,

933, 939, 942, 948a of this title; title 30 section 932.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

33 USC Secs. 945 to 947 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Secs. 945 to 947. Repealed. Pub. L. 98-426, Sec. 25, Sept. 28,

1984, 98 Stat. 1654

-MISC1-

Section 945, act Mar. 4, 1927, ch. 509, Sec. 45, 44 Stat. 1445,

provided for creation of a fund to provide for payment of all

expenses connected with administration of this chapter. See section

944 of this title.

Section 946, act Mar. 4, 1927, ch. 509, Sec. 46, 44 Stat. 1445,

appropriated $250,000 to be available for expenses of

administration of this chapter for fiscal years ending June 30,

1927, and June 30, 1928.

Section 947, act Mar. 4, 1927, ch. 509, Sec. 47, 44 Stat. 1445,

provided for availability of appropriations for salaries and

contingent expenses in administration of this chapter.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 28, 1984, see section 28(e)(1) of Pub. L.

98-426, set out as an Effective Date of 1984 Amendment note under

section 901 of this title.

-End-

-CITE-

33 USC Sec. 948 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 948. Laws inapplicable

-STATUTE-

Nothing in sections 183, 184 to 186, 188, or 189 of title 46,

Appendix, shall be held to limit the amount for which recovery may

be had (1) in any suit at law or in admiralty where an employer has

failed to secure compensation as required by this chapter, or (2)

in any proceeding for compensation, any addition to compensation,

or any civil penalty.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 48, 44 Stat. 1446.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-

-CITE-

33 USC Sec. 948a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 948a. Discrimination against employees who bring proceedings;

penalties; deposit of payments in special fund; civil actions;

entitlement to restoration of employment and compensation,

qualifications requirement; liability of employer for penalties

and payments; insurance policy exemption from liability

-STATUTE-

It shall be unlawful for any employer or his duly authorized

agent to discharge or in any other manner discriminate against an

employee as to his employment because such employee has claimed or

attempted to claim compensation from such employer, or because he

has testified or is about to testify in a proceeding under this

chapter. The discharge or refusal to employ a person who has been

adjudicated to have filed a fraudulent claim for compensation is

not a violation of this section. Any employer who violates this

section shall be liable to a penalty of not less than $1,000 or

more than $5,000, as may be determined by the deputy commissioner.

All such penalties shall be paid to the deputy commissioner for

deposit in the special fund as described in section 944 of this

title, and if not paid may be recovered in a civil action brought

in the appropriate United States district court. Any employee so

discriminated against shall be restored to his employment and shall

be compensated by his employer for any loss of wages arising out of

such discrimination: Provided, That if such employee shall cease to

be qualified to perform the duties of his employment, he shall not

be entitled to such restoration and compensation. The employer

alone and not his carrier shall be liable for such penalties and

payments. Any provision in an insurance policy undertaking to

relieve the employer from the liability for such penalties and

payments shall be void.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 49, as added Pub. L. 92-576, Sec. 19,

Oct. 27, 1972, 86 Stat. 1263; amended Pub. L. 98-426, Sec. 26,

Sept. 28, 1984, 98 Stat. 1654.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-426 inserted after first sentence "The

discharge or refusal to employ a person who has been adjudicated to

have filed a fraudulent claim for compensation is not a violation

of this section.", substituted "$1,000" for "$100", and substituted

"$5,000" for "$1,000".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section

28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of

this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 27, 1972, see section 22 of

Pub. L. 92-576, set out as an Effective Date of 1972 Amendment note

under section 902 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-

-CITE-

33 USC Sec. 949 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 949. Effect of unconstitutionality

-STATUTE-

If any part of this chapter is adjudged unconstitutional by the

courts, and such adjudication has the effect of invalidating any

payment of compensation under this chapter, the period intervening

between the time the injury was sustained and the time of such

adjudication shall not be computed as a part of the time prescribed

by law for the commencement of any action against the employer in

respect of such injury; but the amount of any compensation paid

under this chapter on account of such injury shall be deducted from

the amount of damages awarded in such action in respect of such

injury.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 50 formerly Sec. 49, 44 Stat. 1446;

renumbered Sec. 50, Pub. L. 92-576, Sec. 19, Oct. 27, 1972, 86

Stat. 1263.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-

-CITE-

33 USC Sec. 950 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-

Sec. 950. Separability

-STATUTE-

If any provision of this chapter is declared unconstitutional or

the applicability thereof to any person or circumstances is held

invalid, the validity of the remainder of the chapter and the

applicability of such provision to other persons and circumstances

shall not be affected thereby.

-SOURCE-

(Mar. 4, 1927, ch. 509, Sec. 51 formerly Sec. 50, 44 Stat. 1446;

renumbered Sec. 51, Pub. L. 92-576, Sec. 19, Oct. 27, 1972, 86

Stat. 1263.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 932.

-End-