33 U.S.C. § 922 — Modification of awards

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