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33 U.S.C. § 918 — Collection of defaulted payments; special fund
Federal law — U.S. Code and appendices · legal_authorities
**(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 11 So in original. Probably should be “for”. a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as provided in [section 919 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section919&num=0&edition=prelim), 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 civ
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Source file: Laws/federal/codes/united-states-code/title-33/section-918-collection-of-defaulted-payments-special-fund--3f70a1d4f5.md
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Source location: Title 33, Chapter 18, § 918; chapter-018-longshore-and-harbor-workers-compensation.md
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**(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 11 So in original. Probably should be “for”. a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as provided in [section 919 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section919&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section944&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section907&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section921&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of claim** Subject to the provisions of [section 913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section913&num=0&edition=prelim) 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), the dep
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 919
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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
**(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 un
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 907
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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)
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 944
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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
Where a trust fund which complies with [section 186(c) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section186/c&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 917
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section912&num=0&edition=prelim), 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 compe
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 914
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Labor is authorized to extend compensation districts established under the Longshore and Harbor Workers’ Compensation Act, approved March 4, 1927 (44 Stat. 1424) [[33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim) et seq.], or to establish new compensation districts, to include any area to which this chapter applies; and to assign to each such district one or more deputy commissioners, as the Secretary may deem necessary.
**(b)** Judicial proceedings provided under sections 18 and 21 of the Longshore and Harbor Workers’ Compensation Act [[33 U.S.C. 918](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section918&num=0&edition=prelim), 921] in respect to a compensation order made pursuant to this chapter shall be instituted in the United States district court of the judicial district wherein is located the office of the deputy commissioner whose compensation order is involved if his office is located in a judicial district, and if not so located, such judicial proceedings shall be instituted in the judicial district nearest the base at which the injury or death occurs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1653
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section901&num=0&edition=prelim) et seq.) applies with respect to disability or death resulting from injury, as defined by section 2(2) of such Act ([33 U.S.C. 902(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section902/2&num=0&edition=prelim)), occurring to an employee of a nonappropriated fund instrumentality described by [section 2105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim), or to a volunteer providing such an instrumentality with services accepted under [section 1588 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1588&num=0&edition=prelim), who is—
(1) a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or
(2) employed inside the continental United States.
However, that part of section 3(a) of such Act ([33 U.S.C. 903(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section903/a&num=0&edition=prelim)) which follows the second comma does not apply to such an employee.
**(b)** For the purpose of this subchapter, the term “employer” in section 2(4) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 902(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section902/4&num=0&edition=prelim)) includes the nonappropriated fund instrumentalities described by [section 2105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim).
**(c)** The Sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8171
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Federal law — U.S. Code and appendices · legal_authorities
Page 298
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 917
1 So in original. Probably should be ‘‘for’’.
fits 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.
(Mar. 4, 1927, ch. 509, § 16, 44 Stat. 1434.)
§ 917. Lien against compensation
Where a trust fund which complies with sec-
tion 186(c) of title 29 established pursuant to a
collective-bargaining agreement in effect be-
tween an employer and an employee covered
under this chapter has paid disability benefits to
an employee which the employee is legally obli-
gated to repay by reason of his entitlement to
compensation under this chapter or under a set-
tlement, the Secretary shall authorize a lien on
such compensation in favor of the trust fund for
the amount of such payments.
(Mar. 4, 1927, ch. 509, § 17, 44 Stat. 1434; June 25,
1938, ch. 685, § 8, 52 Stat. 1167; Pub. L. 92–576,
§ 20(b), Oct. 27, 1972, 86 Stat. 1264; Pub. L. 95–598,
title III, § 324, Nov. 6, 1978, 92 Stat. 2679; Pub. L.
98–426, § 14, Sept. 28, 1984, 98 Stat. 1649.)
Editorial Notes
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 set-
tlement, the Secretary shall authorize’’ for ‘‘this chap-
ter, 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, bank-
ruptcy, or reorganizat
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 918
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