33 U.S.C. § 918 — Collection of defaulted payments; special

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 L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in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 reorganization in bankruptcy proceedings of the carrier or employer, or both. 1972—Pub. L. 92–576 designated existing provisions as subsec. (a) and added subsec. (b). 1938—Act June 25, 1938, amended section generally. Prior to amendment, section read as follows: ‘‘Com- pensation shall have the same preference of lien against the assets of the carrier or employer without limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise’’. 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 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. 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. § 918. Collection of defaulted payments; special fund (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 appli- cation to the deputy commissioner making the compensation order or 1 a supplementary order declaring the amount of the default. After inves- tigation, notice, and hearing, as provided in sec- tion 919 of this title, 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 cer- tified copy of such supplementary order with the clerk of the Federal district court for the judi- cial district in which the employer has his prin- cipal place of business or maintains an office, or for the judicial district in which the injury oc- curred. 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 supple- mentary order may be filed with the clerk of the United States District Court for the District of Columbia. Such supplementary order of the dep- uty commissioner shall be final, and the court shall, upon the filing of the copy, enter judg- ment 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 pro- ceeding 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 cer- tified copy thereof to the court. (b) In cases where judgment cannot be satis- fied 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, make payment from such fund upon any award made under this chapter, and in addi- tion, provide any necessary medical, surgical, and other treatment required by section 907 of this title in any case of disability where there has been a default in furnishing medical treat- ment by reason of the insolvency of the em- ployer. Such an employer shall be liable for pay- ment into such fund of the amounts paid there- from by the Secretary of Labor under this sub- section; and for the purpose of enforcing this li- ability, 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 Page 299 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 919 1 So in original. Probably should be ‘‘an’’. this title, or both, seek to recover the amount of the default or so much thereof as in the judg- ment of the Secretary is possible, or the Sec- retary may settle and compromise any such claim. (Mar. 4, 1927, ch. 509, § 18, 44 Stat. 1434; 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; July 26, 1956, ch. 735, § 6, 70 Stat. 655; Pub. L. 98–426, § 27(b), Sept. 28, 1984, 98 Stat. 1654.) Editorial Notes CODIFICATION As originally enacted, subsec. (a) 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). Pub. L. 98–426 struck out ‘‘, including the right of lien and priority provided for by section 917 of this title,’’ after ‘‘shall be subrogated to all the rights of the person receiving such payment or benefits’’. 1956—Act July 26, 1956, designated existing provisions as subsec. (a) and added subsec. (b). 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. § 919. Procedure in respect of claims (a) Filing of claim Subject to the provisions of section 913 of this title 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 fol- lowing 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 regu- lations 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; re- jection 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 ap- plication 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 person- ally upon the claimant and other interested par- ties or sent to such claimant and other inter- ested 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 no- tice is given as provided in subsection (b), the deputy commissioner shall, by order, reject the claim or make an award in respect of the claim. (d) Provisions governing conduct of hearing; ad- ministrative law judges Notwithstanding any other provisions of this chapter, any hearing held under this chapter shall be conducted in accordance with the provi- sions of section 554 of title 5. Any such hearing shall be conducted by a 1 administrative law judge qualified under section 3105 of that title. All powers, duties, and responsibilities vested by this chapter, on October 27, 1972, in the deputy commissioners with respect to such hearings shall be vested in such administrative law judges. (e) Filing and mailing of order rejecting claim or making award The order rejecting the claim or making the award (referred to in this chapter as a com- pensation order) shall be filed in the office of the deputy commissioner, and a copy thereof shall be sent by registered mail or by certified mail to the claimant and to the employer at the last known address of each. (f) Awards after death of employee An award of compensation for disability may be made after the death of an injured employee. (g) Transfer of case At any time after a claim has been filed with him, the deputy commissioner may, with the ap- proval of the Secretary, transfer such case to any other deputy commissioner for the purpose of making investigation, taking testimony, making physical examinations or taking such other necessary action therein as may be di- rected. (h) Physical examination of injured employee An injured employee claiming or entitled to compensation shall submit to such physical ex- amination by a medical officer of the United States or by a duly qualified physician des- ignated or approved by the Secretary as the dep- uty commissioner may require. The place or places shall be reasonably convenient for the employee. Such physician or physicians as the employee, employer, or carrier may select and pay for may participate in an examination if the employee, employer, or carrier so requests. Pro- ceedings shall be suspended and no compensa- tion be payable for any period during which the employee may refuse to submit to examination. (Mar. 4, 1927, ch. 509, § 19, 44 Stat. 1435; June 25, 1938, ch. 685, § 9, 52 Stat. 1167; Pub. L. 86–507, § 1(30), (31), June 11, 1960, 74 Stat. 202; Pub. L. 92–576, § 14, Oct. 27, 1972, 86 Stat. 1261; Pub. L. 95–251, § 2(a)(10), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)