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5 U.S.C. § 8128 — Review of award

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8128 — Review of award

**(a)** The Secretary of Labor may review an award for or against payment of compensation at any time on his own motion or on application. The Secretary, in accordance with the facts found on review, may— (1) end, decrease, or increase the compensation previously awarded; or (2) award compensation previously refused or discontinued. **(b)** The action of the Secretary or his designee in allowing or denying a payment under this subchapter is— (1) final and conclusive for all purposes and with respect to all questions of law and fact; and (2) not subject to review by another official of the United States or by a court by mandamus or otherwise. Credit shall be allowed in the accounts of a certifying or disbursing official for payments in accordance with that action.

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Source file: Laws/federal/codes/united-states-code/title-5/section-8128-review-of-award--30b9567814.md
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Source location: Title 5, Chapter 81, § 8128; chapter-081-compensation-for-work-injuries.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8113 — Increase or decrease of basic compensation

**(a)** If an individual— (1) was a minor or employed in a learner’s capacity at the time of injury; and (2) was not physically or mentally handicapped before the injury; the Secretary of Labor, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity. **(b)** If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8104&num=0&edition=prelim), the Secretary, on review under [section 8128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8128&num=0&edition=prelim) and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8146 — Administration for the Panama Canal Commission and The Alaska Railroad

**(a)** The President, from time to time, may transfer the administration of this subchapter— (1) so far as employees of the Panama Canal Commission are concerned to the Commission; and (2) so far as employees of The Alaska Railroad are concerned to the general manager of The Alaska Railroad. **(b)** When administration is transferred under subsection (a) of this section, the expenses incident to physical examinations which are payable under [section 8123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8123&num=0&edition=prelim) shall be paid from appropriations for the Panama Canal Commission or for The Alaska Railroad, as the case may be, instead of from the Employees’ Compensation Fund. The President may authorize the Panama Canal Commission and the general manager of The Alaska Railroad to pay the compensation provided by this subchapter, including medical, surgical, and hospital services and supplies under [section 8103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8103&num=0&edition=prelim) and the transportation and burial expenses under sections 8103 and 8134 of this title, from appropriations for the Panama Canal Commission and for The Alaska Railroad, and these appropriations shall be reimbursed for the payments by transfer of funds from the Employees’ Compensation Fund. **(c)** The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim required by [section 8121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8121&num=0&edition=prelim) in the case of compensation to an employee of the Panama Canal Commission for temporary disability, either total or partial. **(d)** When administr

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8128 — Review of award

Page 946 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8125 § 8125. Misbehavior at proceedings If an individual— (1) disobeys or resists a lawful order or proc- ess in proceedings under this subchapter be- fore the Secretary of Labor or his representa- tive; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct it; the Secretary or his representative shall certify the facts to the district court having jurisdic- tion in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a con- tempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 773(c). Oct. 14, 1949, ch. 691, § 208 ‘‘Sec. 23(c)’’, 63 Stat. 865. The words ‘‘the district court of the United States for the District of Columbia’’ are omitted as included in ‘‘district court’’. The words ‘‘under this subchapter’’ are added for clarity since this section which was for- merly a subsection referred to the subsection preceding it which identified the proceedings. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8126. Subpenas; oaths; examination of witnesses The Secretary of

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