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33 U.S.C. § 939 — Administration by Secretary
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section940&num=0&edition=prelim)) 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 11 See References in Text note below. 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 insti
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Source location: Title 33, Chapter 18, § 939; chapter-018-longshore-and-harbor-workers-compensation.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section940&num=0&edition=prelim)) 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 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section944&num=0&edition=prelim) 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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(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)
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Federal law — U.S. Code and appendices · legal_authorities
**(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 maint
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Federal law — U.S. Code and appendices · legal_authorities
Page 310
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 936
in the same manner and to the same extent as
upon the employer.
(Mar. 4, 1927, ch. 509, § 35, 44 Stat. 1441; Pub. L.
92–576, § 15(i), Oct. 27, 1972, 86 Stat. 1262; Pub. L.
98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)
Editorial Notes
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).
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.
§ 936. Insurance policies
(a) Every policy or contract of insurance
issued under authority of this chapter shall con-
tain (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.
(Mar. 4, 1927, ch.
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