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33 U.S.C. § 922 — Modification of awards

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

33 U.S.C. § 922 — Modification of awards

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section908/f&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section944/i&num=0&edition=prelim)) in accordance with the procedure prescribed in respect of claims in [section 919 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section919&num=0&edition=prelim), 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 secti

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Source location: Title 33, Chapter 18, § 922; chapter-018-longshore-and-harbor-workers-compensation.md

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

33 U.S.C. § 919 — Procedure in respect of claims

**(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

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33 U.S.C. § 901 — Short title

This chapter may be cited as “Longshore and Harbor Workers’ Compensation Act.”

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33 U.S.C. § 902 — Definitions

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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33 U.S.C. § 922 — Modification of awards

Page 302 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 922 1 See References in Text note below. sioner, or the Board in any court proceedings under section 21 [33 U.S.C. 921] or other provi- sions of this Act 1 except for proceedings in the Supreme Court of the United States. (May 4, 1928, ch. 502, 45 Stat. 490; June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 92–576, § 16, Oct. 27, 1972, 86 Stat. 1262.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, probably should have been a reference to act Mar. 4, 1927, ch. 509, 44 Stat. 1424, known as the Longshore and Harbor Workers’ Compensation Act, which is classified generally to this chapter. This section was not enacted as part of that Act, see Codification note below. For complete classi- fication of act Mar. 4, 1927, to the Code, see section 901 of this title and Tables. CODIFICATION Section was not enacted as part of the Longshore and Harbor Workers’ Compensation Act which comprises this chapter. AMENDMENTS 1972—Pub. L. 92–576, which directed the general amendment of ‘‘[s]ection 21a of the Act’’, meaning sec- tion 21a of act Mar. 4, 1927, was executed to this sec- tion, which is act May 4, 1928, ch. 502, to reflect the probable intent of Congress. Act Mar. 4, 1927, does not contain a section 21a. Prior to amendment, section re- quired the United States attorney in the judicial dis- trict in which a case was pending to appear as attorney or counsel on behalf of the Secretary of Labor or his deputy commissioner when either was a party to the case or interested, and to represent such Secretary or deputy in any court in which such case could be carried on appeal. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United

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