33 U.S.C. § 921a — Appearance of attorneys for Secretary,

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). If the court determines that the order was made and served in accordance with law, and that such employer or his officers or agents have failed to comply therewith, the court shall enforce obedience to the order by writ of injunc- tion or by other proper process, mandatory or otherwise, to enjoin upon such person and his of- ficers and agents compliance with the order. (e) Institution of proceedings for suspension, set- ting aside, or enforcement of compensation orders Proceedings for suspending, setting aside, or enforcing a compensation order, whether reject- ing a claim or making an award, shall not be in- stituted otherwise than as provided in this sec- tion and section 918 of this title. (Mar. 4, 1927, ch. 509, § 21, 44 Stat. 1436; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 92–576, § 15(a), (b), Oct. 27, 1972, 86 Stat. 1261, 1262; Pub. L. 95–251, § 2(a)(10), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98–426, § 15, Sept. 28, 1984, 98 Stat. 1649.) Editorial Notes CODIFICATION As originally enacted, subsec. (d) contained a ref- erence to the Supreme Court of the District of Colum- bia. Act June 25, 1936, substituted ‘‘the district court of the United States for the District of Columbia’’ for ‘‘the Supreme Court of the District of Columbia’’, and act June 25, 1948, as amended by act May 24, 1949, sub- stituted ‘‘United States District Court for the District of Columbia’’ for ‘‘district court of the United States for the District of Columbia’’. AMENDMENTS 1984—Subsec. (b)(1). Pub. L. 98–426, § 15(1), (2), sub- stituted ‘‘five’’ for ‘‘three’’, and inserted ‘‘The Chair- man shall have the authority, as delegated by the Sec- retary, to exercise all administrative functions nec- essary to operate the Board.’’ Subsec. (b)(2). Pub. L. 98–426, § 15(3), substituted ‘‘three’’ for ‘‘two’’ wherever appearing. Subsec. (b)(5). Pub. L. 98–426, § 15(4), added par. (5). 1978—Subsec. (b)(4). Pub. L. 95–251 substituted ‘‘ad- ministrative law judge’’ for ‘‘hearing examiner’’. 1972—Subsec. (b). Pub. L. 92–576, § 15(a), added subsec. (b). Former provisions of subsec. (b) for injunction pro- ceedings to suspend or set aside a compensation order by a party in interest against a deputy commissioner in Federal district court for judicial district where injury occurred superseded by subsec. (c) of this section and former provisions of such subsec. (b) respecting service of process and stay of payments, except for the proce- dural requirement of an interlocutory injunction to the court and hearing on at least three days’ notice to the parties in interest and the deputy commissioner, incor- porated in subsec. (c) of this section. Subsecs. (c) to (e). Pub. L. 92–576, § 15(a), (b), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 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. REVIEW OF DECISIONS MADE BY OR PENDING BEFORE BENEFITS REVIEW BOARD Pub. L. 108–447, div. F, title I, Dec. 8, 2004, 118 Stat. 3121, which provided in part that no funds made avail- able by div. F were to be used by the Solicitor of Labor or the Secretary of Labor to review certain decisions made by or pending before the Benefits Review Board under the Longshore and Harbor Workers’ Compensa- tion Act, and deemed such decisions pending review by the Board for more than 1 year to be affirmed by and the final order of the Board for purposes of obtaining review in the United States courts of appeals, was from the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2005, and was not repeated in subsequent appro- priations acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–199, div. E, title I, Jan. 23, 2004, 118 Stat. 234. Pub. L. 108–7, div. G, title I, Feb. 20, 2003, 117 Stat. 306. Pub. L. 107–116, title I, Jan. 10, 2002, 115 Stat. 2184. Pub. L. 106–554, § 1(a)(1) [title I], Dec. 21, 2000, 114 Stat. 2763, 2763A–10. Pub. L. 106–113, div. B, § 1000(a)(4) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–224. Pub. L. 105–277, div. A, § 101(f) [title I], Oct. 21, 1998, 112 Stat. 2681–337, 2681–345. Pub. L. 105–78, title I, Nov. 13, 1997, 111 Stat. 1475. Pub. L. 104–208, div. A, title I, § 101(e) [title I], Sept. 30, 1996, 110 Stat. 3009–233, 3009–241. Pub. L. 104–134, title I, § 101(d) [title I], Apr. 26, 1996, 110 Stat. 1321–211, 1321–218; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 921a. Appearance of attorneys for Secretary, deputy commissioner, or Board Attorneys appointed by the Secretary shall represent the Secretary, the deputy commis- 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 States attorney’’ for ‘‘district attorney of the United States’’. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision note thereunder. 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. § 922. Modification of awards Upon his own initiative, or upon the applica- tion of any party in interest (including an em- ployer or carrier which has been granted relief under section 908(f) of this title), on the ground of a change in conditions or because of a mis- take 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) in accordance with the procedure prescribed in respect of claims in section 919 of this title, and in accordance with such section issue a new compensation order which may terminate, continue, reinstate, in- crease, 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 be- come 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 compensa- tion, in such manner and by such method as may be determined by the deputy commissioner with the approval of the Secretary. This section does not authorize the modification of settle- ments. (Mar. 4, 1927, ch. 509, § 22, 44 Stat. 1437; May 26, 1934, ch. 354, § 5, 48 Stat. 807; June 25, 1938, ch. 685, § 10, 52 Stat. 1167; Pub. L. 98–426, §§ 16, 27(a)(2), Sept. 28, 1984, 98 Stat. 1650, 1654.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–426, § 16, inserted ‘‘(including an em- ployer or carrier which has been granted relief under section 908(f) of this title)’’ after ‘‘party in interest’’ and ‘‘(including a case under which payments are made pursuant to section 941(i) of this title)’’ after ‘‘review a compensation case’’ and inserted at end ‘‘This section does not authorize the modification of settlements.’’ Pub. L. 98–426, § 27(a)(2), substituted ‘‘Secretary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title. 1938—Act June 25, 1938, permitted review of com- pensation case at any time prior to one year after re- jection of claim and authorized award of compensation. 1934—Act May 26, 1934, permitted review based on a mistake in a determination of fact; substituted provi- sion for review of compensation case at any time prior to one year after date of last payment of compensation, whether or not compensation order was issued, for original provision for review at any time during term of award and after compensation order in respect of such award had become final; authorized reinstatement of compensation; and inserted exception clause. 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. § 923. Procedure before deputy commissioner or Board (a) In making an investigation or inquiry or conducting a hearing the deputy commissioner or Board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such man- ner as to best ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing con- ducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury. (b) Hearings before a deputy commissioner or Board shall be open to the public and shall be