33 U.S.C. § 928 — Fees for services

Page 304 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 928 1 So in original. Probably should be ‘‘refuses’’. AMENDMENTS 1972—Subsecs. (a), (b). Pub. L. 92–576 inserted ref- erences to the Board. Statutory Notes and Related Subsidiaries 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. § 928. Fees for services (a) Attorney’s fee; successful prosecution of claim If the employer or carrier declines to pay any compensation on or before the thirtieth day after receiving written notice of a claim for compensation having been filed from the deputy commissioner, on the ground that there is no li- ability for compensation within the provisions of this chapter and the person seeking benefits shall thereafter have utilized the services of an attorney at law in the successful prosecution of his claim, there shall be awarded, in addition to the award of compensation, in a compensation order, a reasonable attorney’s fee against the employer or carrier in an amount approved by the deputy commissioner, Board, or court, as the case may be, which shall be paid directly by the employer or carrier to the attorney for the claimant in a lump sum after the compensation order becomes final. (b) Attorney’s fee; successful prosecution for ad- ditional compensation; independent medical evaluation of disability controversy; restric- tion of other assessments If the employer or carrier pays or tenders pay- ment of compensation without an award pursu- ant to section 914(a) and (b) of this title, and thereafter a controversy develops over the amount of additional compensation, if any, to which the employee may be entitled, the deputy commissioner or Board shall set the matter for an informal conference and following such con- ference the deputy commissioner or Board shall recommend in writing a disposition of the con- troversy. If the employer or carrier refuse 1 to accept such written recommendation, within fourteen days after its receipt by them, they shall pay or tender to the employee in writing the additional compensation, if any, to which they believe the employee is entitled. If the em- ployee refuses to accept such payment or tender of compensation, and thereafter utilizes the services of an attorney at law, and if the com- pensation thereafter awarded is greater than the amount paid or tendered by the employer or car- rier, a reasonable attorney’s fee based solely upon the difference between the amount award- ed and the amount tendered or paid shall be awarded in addition to the amount of compensa- tion. The foregoing sentence shall not apply if the controversy relates to degree or length of disability, and if the employer or carrier offers to submit the case for evaluation by physicians employed or selected by the Secretary, as au- thorized in section 907(e) of this title and offers to tender an amount of compensation based upon the degree or length of disability found by the independent medical report at such time as an evaluation of disability can be made. If the claimant is successful in review proceedings be- fore the Board or court in any such case an award may be made in favor of the claimant and against the employer or carrier for a reasonable attorney’s fee for claimant’s counsel in accord with the above provisions. In all other cases any claim for legal services shall not be assessed against the employer or carrier. (c) Approval; payment; lien In all cases fees for attorneys representing the claimant shall be approved in the manner herein provided. If any proceedings are had before the Board or any court for review of any action, award, order, or decision, the Board or court may approve an attorney’s fee for the work done before it by the attorney for the claimant. An approved attorney’s fee, in cases in which the obligation to pay the fee is upon the claimant, may be made a lien upon the compensation due under an award; and the deputy commissioner, Board, or court shall fix in the award approving the fee, such lien and manner of payment. (d) Costs; witnesses’ fees and mileage; prohibi- tion against diminution of compensation to claimant In cases where an attorney’s fee is awarded against an employer or carrier there may be fur- ther assessed against such employer or carrier as costs, fees and mileage for necessary wit- nesses attending the hearing at the instance of claimant. Both the necessity for the witness and the reasonableness of the fees of expert wit- nesses must be approved by the hearing officer, the Board, or the court, as the case may be. The amounts awarded against an employer or carrier as attorney’s fees, costs, fees and mileage for witnesses shall not in any respect affect or di- minish the compensation payable under this chapter. (e) Unapproved fees; solicitation; penalty A person who receives a fee, gratuity, or other consideration on account of services rendered as a representative of a claimant, unless the con- sideration is approved by the deputy commis- sioner, administrative law judge, Board, or court, or who makes it a business to solicit em- ployment for a lawyer, or for himself, with re- spect to a claim or award for compensation under this chapter, shall, upon conviction there- of, for each offense be punished by a fine of not more than $1,000 or be imprisoned for not more than one year, or both. (Mar. 4, 1927, ch. 509, § 28, 44 Stat. 1438; Pub. L. 92–576, § 13, Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98–426, § 17, Sept. 28, 1984, 98 Stat. 1650.) Editorial Notes AMENDMENTS 1984—Subsec. (e). Pub. L. 98–426 substituted ‘‘a fee, gratuity, or other consideration’’ for ‘‘any fees, other consideration, or any gratuity’’; ‘‘with respect to’’ for ‘‘in respect of’’; and ‘‘both’’ for ‘‘by both such fine and imprisonment’’; and inserted ‘‘under this chapter,’’ after ‘‘compensation’’. 1972—Subsec. (a). Pub. L. 92–576 substituted provi- sions respecting payment of attorney’s fee for success- Page 305 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 930 ful prosecution of claim for former provisions respect- ing approval by deputy commissioner or court of claims for legal services or for any other services ren- dered in respect of a claim or award for compensation and for lien upon the compensation in the manner and to the extent fixed by the deputy commissioner or the court. See subsec. (c). Subsecs. (b) to (e). Pub. L. 92–576 added subsecs. (b) to (d), redesignated former subsec. (b) as (e), and in sub- sec. (e), as so redesignated, struck out item (1) and (2) designations before ‘‘who’’, substituted ‘‘services ren- dered as a representative of a claimant’’ for ‘‘services so rendered’’, and included approval by the Board. 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. § 929. Record of injury or death Every employer shall keep a record in respect of any injury to an employee. Such record shall contain such information of disease, other dis- ability, or death in respect of such injury as the Secretary may by regulation require, and shall be available to inspection by the Secretary or by any State authority at such times and under such conditions as the Secretary may by regula- tion prescribe. (Mar. 4, 1927, ch. 509, § 29, 44 Stat. 1438; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–426, § 27(a)(2), substituted ‘‘Sec- retary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title. 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. § 930. Reports to Secretary (a) Time for sending; contents; copy to deputy commissioner Within ten days from the date of any injury, which causes loss of one or more shifts of work, or death or from the date that the employer has knowledge of a disease or infection in respect of such injury, the employer shall send to the Sec- retary a report setting forth (1) the name, ad- dress, and business of the employer; (2) the name, address, and occupation of the employee; (3) the cause and nature of the injury or death; (4) the year, month, day, and hour when and the particular locality where the injury or death oc- curred; and (5) such other information as the Secretary may require. A copy of such report shall be sent at the same time to the deputy commissioner in the compensation district in which the injury occurred. Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury re- gardless of whether such injury results in the loss of one or more shifts of work. (b) Additional reports Additional reports in respect of such injury and of the condition of such employee shall be sent by the employer to the Secretary and to such deputy commissioner at such times and in such manner as the Secretary may prescribe. (c) Use as evidence Any report provided for in subsection (a) or (b) shall not be evidence of any fact stated in such report in any proceeding in respect of such in- jury or death on account of which the report is made. (d) Compliance by mailing The mailing of any such report and copy in a stamped envelope, within the time prescribed in subsections (a) or (b), to the Secretary and dep- uty commissioner, respectively, shall be a com- pliance with this section. (e) Penalty for failure or refusal to send report Any employer, insurance carrier, or self-in- sured employer who knowingly and willfully fails or refuses to send any report required by this section or knowingly or willfully makes a false statement or misrepresentation in any such report shall be subject to a civil penalty not to exceed $10,000 for each such failure, re- fusal, false statement, or misrepresentation. (f) Tolling provision Where the employer or the carrier has been given notice, or the employer (or his agent in charge of the business in the place where the in- jury occurred) or the carrier has knowledge, of any injury or death of an employee and fails, ne- glects, or refuses to file report thereof as re- quired by the provisions of subsection (a) of this section, the limitations in subsection (a) of sec- tion 913 of this title shall not begin to run against the claim of the injured employee or his dependents entitled to compensation, or in favor of either the employer or the carrier, until such report shall have been furnished as required by the provisions of subsection (a) of this section. (Mar. 4, 1927, ch. 509, § 30, 44 Stat. 1439; June 25, 1938, ch. 685, § 11, 52 Stat. 1167; Pub. L. 98–426, §§ 18, 27(a)(2), Sept. 28, 1984, 98 Stat. 1650, 1654.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–426, § 18(a)(1), inserted ‘‘, which causes loss of one or more shifts of work,’’ after ‘‘Within ten days from the date of any injury’’. Pub. L. 98–426, § 27(a)(2), substituted ‘‘Secretary’’ for ‘‘commission’’. See Transfer of Functions note set out under section 902 of this title. Pub. L. 98–426, § 18(a)(2), inserted at end ‘‘Notwith- standing the requirements of this subsection, each em- ployer shall keep a record of each and every injury re- gardless of whether such injury results in the loss of one or more shifts of work.’’ Subsecs. (b), (d). Pub. L. 98–426, § 27(a)(2), substituted ‘‘Secretary’’ for ‘‘commission’’. See Transfer of Func- tions note set out under section 902 of this title. Subsec. (e). Pub. L. 98–426, § 18(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol-