33 U.S.C. § 914 — Payment of compensation

Page 296 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 914 1972—Subsec. (a). Pub. L. 92–576 inserted ‘‘Except as otherwise provided in this section’’ and provided that the time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the em- ployment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see sec- tion 28(a) of Pub. L. 98–426, set out as a note under sec- tion 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. § 914. Payment of compensation (a) Manner of payment Compensation under this chapter shall be paid periodically, promptly, and directly to the per- son entitled thereto, without an award, except where liability to pay compensation is con- troverted by the employer. (b) Period of installment payments The first installment of compensation shall become due on the fourteenth day after the em- ployer has been notified pursuant to section 912 of this title, or the employer has knowledge of the injury or death, on which date all compensa- tion then due shall be paid. Thereafter com- pensation shall be paid in installments, semi- monthly, 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 sus- pension of payment for any cause, the employer shall immediately notify the deputy commis- sioner, 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 com- pensation he shall file with the deputy commis- sioner 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 com- pensation 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 con- troverted. (e) Additional compensation for overdue install- ment payments payable without award If any installment of compensation payable without an award is not paid within fourteen days after it becomes due, as provided in sub- section (b) of this section, there shall be added to such unpaid installment an amount equal to 10 per centum thereof, which shall be paid at the same time as, but in addition to, such install- ment, unless notice is filed under subsection (d) of this section, or unless such nonpayment is ex- cused by the deputy commissioner after a show- ing by the employer that owing to conditions over which he had no control such installment could not be paid within the period prescribed for the payment. (f) Additional compensation for overdue install- ment payments payable under terms of award If any compensation, payable under the terms of an award, is not paid within ten days after it becomes due, there shall be added to such un- paid compensation an amount equal to 20 per centum thereof, which shall be paid at the same time as, but in addition to, such compensation, unless review of the compensation order making such award is had as provided in section 921 of this title and an order staying payment has been issued by the Board or court. (g) Notice of payment; penalty Within sixteen days after final payment of compensation has been made, the employer shall send to the deputy commissioner a notice, in ac- cordance with a form prescribed by the Sec- retary, stating that such final payment has been made, the total amount of compensation paid, the name of the employee and of any other per- son to whom compensation has been paid, the date of the injury or death, and the date to which compensation has been paid. If the em- ployer fails to so notify the deputy commis- sioner within such time the Secretary shall as- sess against such employer a civil penalty in the amount of $100. (h) Investigations, examinations, and hearings for controverted, stopped, or suspended pay- ments The deputy commissioner (1) may upon his own initiative at any time in a case in which payments are being made without an award, and (2) shall in any case where right to compensa- tion is controverted, or where payments of com- pensation have been stopped or suspended, upon receipt of notice from any person entitled to compensation, or from the employer, that the right to compensation is controverted, or that payments of compensation have been stopped or suspended, make such investigations, cause such medical examinations to be made, or hold such hearings, and take such further action as he considers will properly protect the rights of all parties. (i) Deposit by employer Whenever the deputy commissioner deems it advisable he may require any employer to make a deposit with the Treasurer of the United States to secure the prompt and convenient pay- ment of such compensation, and payments therefrom upon any awards shall be made upon order of the deputy commissioner. (j) Reimbursement for advance payments If the employer has made advance payments of compensation, he shall be entitled to be reim- bursed out of any unpaid installment or install- ments of compensation due. Page 297 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 916 (k) Receipt for payment An injured employee, or in case of death his dependents or personal representative, shall give receipts for payment of compensation to the em- ployer paying the same and such employer shall produce the same for inspection by the deputy commissioner, whenever required. (Mar. 4, 1927, ch. 509, § 14, 44 Stat. 1432; May 26, 1934, ch. 354, § 4, 48 Stat. 807; June 25, 1938, ch. 685, § 7, 52 Stat. 1167; June 24, 1948, ch. 623, § 5, 62 Stat. 603; July 26, 1956, ch. 735, § 5, 70 Stat. 655; Pub. L. 87–87, § 3, July 14, 1961, 75 Stat. 203; Pub. L. 92–576, §§ 5(e), 15(d), Oct. 27, 1972, 86 Stat. 1254, 1262; Pub. L. 98–426, §§ 13, 27(a)(2), Sept. 28, 1984, 98 Stat. 1649, 1654.) Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–426, § 13(a), substituted ‘‘employer has been notified pursuant to section 912 of this title, or the employer,’’ for ‘‘employer’’. Subsecs. (c), (d), (g). Pub. L. 98–426, § 27(a)(2), sub- stituted ‘‘Secretary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title. Subsecs. (j) to (l). Pub. L. 98–426, § 13(b), redesignated subsecs. (k) and (l) as (j) and (k), respectively, and struck out former subsec. (j) which provided that when- ever the deputy commissioner determines that it was in the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the deputy commissioner with the approval of the Sec- retary, could be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at 4 per centum true discount compounded annually, that the probability of the death of the injured employee or other person enti- tled to compensation before the expiration of the pe- riod during which he was entitled to compensation would be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife would be deter- mined in accordance with the remarriage tables of the Dutch Royal Insurance Institution, and that the prob- ability of the happening of any other contingency af- fecting the amount or duration of the compensation would be disregarded, was struck out. 1972—Subsec. (f). Pub. L. 92–576, § 15(d), substituted ‘‘order staying payment has been issued by the Board or court’’ for ‘‘interlocutory injunction staying pay- ments is allowed by the court as provided therein’’. Subsec. (m). Pub. L. 92–576, § 5(e), repealed subsec. (m) limiting aggregate money allowance for an injury under this chapter to $24,000, making the limitation in- applicable to cases of permanent total disability or death, and providing that in applying the limitation there shall not be taken into account any amount pay- able under section 908(g) of this title for maintenance during rehabilitation or any amount of additional com- pensation required to be paid under this section for delay or default in the payment of compensation or any amount accruing as interest upon defaulted compensa- tion collectible under section 918 of this title. 1961—Subsec. (m). Pub. L. 87–87 increased limitation on total money allowance as compensation for injury from ‘‘$17,280’’ to ‘‘$24,000’’. 1956—Subsec. (m). Act July 26, 1956, provided for max- imum money allowance of $17,280 in lieu of total com- pensation of $11,000, struck out additional former limit of $10,000 for disabilities compensable under section 908(c)(21) of this title, and inserted provision excepting from $17,280 limitation, amounts payable under section 908(g) of this title for maintenance during rehabilita- tion, and amounts payable under this section for delay or default in payment of compensation or interest col- lectible under section 918 of this title. 1948—Subsec. (m). Act June 24, 1948, increased overall statutory maximum limitation upon compensation for disability from $7,500 to $11,000, and fixed a sublimita- tion of $10,000 upon that particular compensation for permanent partial disability which is payable when the case is classified as one in which compensation shall be payable under section 908(c)(21) of this title, but neither limitation shall apply for permanent total disability or death. 1938—Subsec. (f). Act June 25, 1938, inserted ‘‘and an interlocutory injunction staying payments is allowed by the court as provided therein’’. 1934—Subsec. (j). Act May 26, 1934, substituted ‘‘in the interest of justice’’ for ‘‘for the best interests of a per- son entitled to compensation’’, inserted ‘‘or any part thereof as determined by the deputy commissioner with the approval of the Commission’’, and inserted provi- sion for determining probability of remarriage. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 13 of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable both with re- spect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see sec- tion 28(b), (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. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87–87 effective as to injuries sustained on or after July 14, 1961, see section 4 of Pub. L. 87–87, set out as a note under section 906 of this title. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 26, 1956, applicable only with respect to injuries and death occurring on or after July 26, 1956, see section 9 of act July 26, 1956, set out as a note under section 906 of this title. EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act June 24, 1948, applicable to death or injuries occurring after June 24, 1948, see section 6 of act June 24, 1948, set out as a note under section 906 of this title. § 915. Invalid agreements (a) No agreement by an employee to pay any portion of premium paid by his employer to a carrier or to contribute to a benefit fund or de- partment maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not more than $1,000. (b) No agreement by an employee to waive his right to compensation under this chapter shall be valid. (Mar. 4, 1927, ch. 509, § 15, 44 Stat. 1434.) § 916. Assignment and exemption from claims of creditors No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and bene-