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33 U.S.C. § 921a — Appearance of attorneys for Secretary, deputy commissioner, or Board
Federal law — U.S. Code and appendices · legal_authorities
Attorneys appointed by the Secretary shall represent the Secretary, the deputy commissioner, or the Board in any court proceedings under section 21 [[33 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section921&num=0&edition=prelim)] or other provisions of this Act 11 See References in Text note below. except for proceedings in the Supreme Court of the United States.
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Source file: Laws/federal/codes/united-states-code/title-33/section-921a-appearance-of-attorneys-for-secretary-deputy-commissioner-or-board--a1f1ddc6c4.md
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Source location: Title 33, Chapter 18, § 921a; chapter-018-longshore-and-harbor-workers-compensation.md
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Attorneys appointed by the Secretary shall represent the Secretary, the deputy commissioner, or the Board in any court proceedings under section 21 [[33 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section921&num=0&edition=prelim)] or other provisions of this Act 11 See References in Text note below. except for proceedings in the Supreme Court of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.
**(b)** Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies.
**(c)** Each United States attorney is subject to removal by the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 541
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as “Longshore and Harbor Workers’ Compensation Act.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 901
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Federal law — U.S. Code and appendices · legal_authorities
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 any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;
(G) a master or member of a crew of any vessel; or
(H) any person engaged by a master to load or unload
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 902
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section919&num=0&edition=prelim), 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 awar
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 921
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1333/e&num=0&edition=prelim).
**(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 un
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 941
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Federal law — U.S. Code and appendices · legal_authorities
Page 300
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 920
Editorial Notes
AMENDMENTS
1984—Subsecs. (a), (b), (g), (h). Pub. L. 98–426,
§ 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 ref-
erences to administrative law judges for references to
hearing examiners.
1972—Subsec. (d). Pub. L. 92–576 substituted provi-
sions 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, du-
ties, and responsibilities vested in deputy commis-
sioners on Oct. 27, 1972, for former provisions author-
izing 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 trans-
fer of cases, with administrative approval, at any time
after filing of claim for the additional purposes of mak-
ing investigations and taking other necessary action
instead of after issuance of compensation order without
anyone’s approval.
Statutory Notes and Related Subsidiaries
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.
§ 920. Presumptions
In any proceeding for the enforcement of a
claim for compensation under this chapter it
shall be pres
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 921
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Federal law — U.S. Code and appendices · legal_authorities
Page 301
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 921a
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, modi-
fying, or setting aside, in whole or in part, the
order of the Board and enforcing same to the ex-
tent that such order is affirmed or modified. The
orders, writs, and processes of the court in such
proceedings may run, be served, and be return-
able anywhere in the United States. The pay-
ment 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 con-
tain a specific finding, based upon evidence sub-
mitted 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 compli-
ance 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 judi-
cial district in which the injury occurred (or to
the United States District Court for the District
of Columbia if the injury occurred in the Dis-
trict)
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 921a
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