5 U.S.C. § 8128 — Review of award

Page 946 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8125 § 8125. Misbehavior at proceedings If an individual— (1) disobeys or resists a lawful order or proc- ess in proceedings under this subchapter be- fore the Secretary of Labor or his representa- tive; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct it; the Secretary or his representative shall certify the facts to the district court having jurisdic- tion in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a con- tempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 773(c). Oct. 14, 1949, ch. 691, § 208 ‘‘Sec. 23(c)’’, 63 Stat. 865. The words ‘‘the district court of the United States for the District of Columbia’’ are omitted as included in ‘‘district court’’. The words ‘‘under this subchapter’’ are added for clarity since this section which was for- merly a subsection referred to the subsection preceding it which identified the proceedings. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8126. Subpenas; oaths; examination of witnesses The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may— (1) issue subpenas for and compel the attend- ance of witnesses within a radius of 100 miles; (2) administer oaths; (3) examine witnesses; and (4) require the production of books, papers, documents, and other evidence. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 780. Sept. 7, 1916, ch. 458, § 29, 39 Stat. 748. Oct. 14, 1949, ch. 691, § 205(c)(2), 63 Stat. 864. The words ‘‘under this subchapter’’ are added to pre- serve the original grant of power in the Act of Sept. 7, 1916. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8127. Representation; attorneys’ fees (a) A claimant may authorize an individual to represent him in any proceeding under this sub- chapter before the Secretary of Labor. (b) A claim for legal or other services fur- nished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Secretary. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 773(b) (less last sentence). Oct. 14, 1949, ch. 691, § 208 ‘‘Sec. 23(b) (less last sen- tence)’’, 63 Stat. 865. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8128. Review of award (a) The Secretary of Labor may review an award for or against payment of compensation at any time on his own motion or on applica- tion. The Secretary, in accordance with the facts found on review, may— (1) end, decrease, or increase the compensa- tion previously awarded; or (2) award compensation previously refused or discontinued. (b) The action of the Secretary or his designee in allowing or denying a payment under this subchapter is— (1) final and conclusive for all purposes and with respect to all questions of law and fact; and (2) not subject to review by another official of the United States or by a court by man- damus or otherwise. Credit shall be allowed in the accounts of a cer- tifying or disbursing official for payments in ac- cordance with that action. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 787. Sept. 7, 1916, ch. 458, § 37, 39 Stat. 749. June 5, 1924, ch. 261, § 1, 43 Stat. 389. (b) ............. 5 U.S.C. 793 (penul- timate sentence of 5th par.). July 28, 1945, ch. 328, § 4 (pe- nultimate sentence), 59 Stat. 504. In subsection (a), the words ‘‘If the original claim for compensation has been made within the time specified in section 770 of this title’’ are omitted as surplusage. The words ‘‘an award for or against payment of com- pensation’’ are coextensive with and, for clarity and consistency with section 8124, substituted for ‘‘the award’’. The second sentence of former section 787 is omitted as included in the penultimate sentence of former section 793, which is carried into subsection (b). The last sentence of former section 787 is omitted as ex- ecuted. In subsection (b), the word ‘‘official’’ is substituted for ‘‘officer’’ because of the definition of ‘‘officer’’ in section 2104 which excludes a member of a uniformed service. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Page 947 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8131 Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface of the report. § 8129. Recovery of overpayments (a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits pay- able under this subchapter with respect to the individual’s death. (b) Adjustment or recovery by the United States may not be made when incorrect pay- ment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience. (c) A certifying or disbursing official is not liable for an amount certified or paid by him when— (1) adjustment or recovery of the amount is waived under subsection (b) of this section; or (2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deduc- tions are authorized. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 788. Sept. 7, 1916, ch. 458, § 38, 39 Stat. 749. Oct. 14, 1949, ch. 691, § 206, 63 Stat. 864. In subsection (a), the words ‘‘Subject to the provi- sions of sections 786 and 787 of this title’’ and ‘‘if any’’ are omitted as surplusage. In subsection (c), the word ‘‘official’’ is substituted for ‘‘officer’’ as the definition of ‘‘officer’’ in section 2104 excludes a member of a uniformed service. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8130. Assignment of claim An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 775. Sept. 7, 1916, ch. 458, § 25, 39 Stat. 747. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8131. Subrogation of the United States (a) If an injury or death for which continu- ation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to— (1) assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or (2) prosecute the action in his own name. An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged. (b) A beneficiary who refuses to assign or pros- ecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter. (c) The Secretary may prosecute or com- promise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees’ Compensation Fund the amount of continuation of pay or compensa- tion already paid to the beneficiary and the ex- pense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. However, the beneficiary is en- titled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted. (d) If an injury or death for which compensa- tion is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or posses- sion of the United States, the District of Colum- bia, or a foreign country, compensation is not payable until the individual entitled to com- pensation— (1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or (2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546; Pub. L. 90–83, § 1(60), Sept. 11, 1967, 81 Stat. 211; Pub. L. 117–263, div. E, title LIII, § 5305(b)(1), Dec. 23, 2022, 136 Stat. 3254.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a)–(c) ....... 5 U.S.C. 776. Sept. 7, 1916, ch. 458, § 26, 39 Stat. 747. Sept. 13, 1960, Pub. L. 86–767, § 207, 74 Stat. 908. (d) ............. 5 U.S.C. 791. Sept. 7, 1916, ch. 458, § 41, 39 Stat. 750. In subsection (d), the first 45 words of section 41 of the Act of Sept. 7, 1916, are omitted as executed. The words ‘‘Panama Canal Company’’ are substituted for ‘‘Panama Railroad Company’’ on authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a) (2), 64 Stat. 1038. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report.