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33 U.S.C. § 917 — Lien against compensation
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.
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Stable record: federal_law:legal_authorities:record_usc_f68e4d3bc0f091f2fe4bfc1b
Source file: Laws/federal/codes/united-states-code/title-33/section-917-lien-against-compensation--4b66964b73.md
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Source location: Title 33, Chapter 18, § 917; chapter-018-longshore-and-harbor-workers-compensation.md
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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.
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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
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
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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)** 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 918
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Election of remedies** If on account of a disability or death for which compensation is payable under this chapter the person entitled to such compensation determines that some person other than the employer or a person or persons in his employ is liable in damages, he need not elect whether to receive such compensation or to recover damages against such third person.
**(b) Acceptance of compensation operating as assignment** Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance. If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term “award” with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board.
**(c) Payment into section 944 fund operating as assignment** The payment of such compensation into the fund established in [section 944 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section944&num=0&edition=prelim) shall operate as an assignment to the employer of all right of the legal representative of the deceased (hereinafter referred to as “representative”) to recover damages against such third person.
**(d) Institution of proceedings or compromise by assignee** Such employer on account of such ass
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 933
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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. § 917
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