33 U.S.C. § 913 — Filing of claims

Page 295 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 913 or the employer’s insurance carrier, and that the employer or carrier was not prejudiced due to the failure to provide notice to a responsible official designated by the employer pursuant to subsection (c), or (ii) for some satisfactory rea- son such notice could not be given; nor unless objection to such failure is raised before the dep- uty commissioner at the first hearing of a claim for compensation in respect of such injury or death. (Mar. 4, 1927, ch. 509, § 12, 44 Stat. 1431; Pub. L. 92–576, § 12(a), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98–426, § 11, Sept. 28, 1984, 98 Stat. 1648.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–426, § 11(a), inserted a comma after ‘‘aware’’ and ‘‘only by reason of medical advice’’ after ‘‘diligence’’ and inserted ‘‘except that in the case of an occupational disease which does not im- mediately result in a disability or death, such notice shall be given within one year after the employee or claimant becomes aware, or in the exercise of reason- able diligence or by reason of medical advice should have been aware, of the relationship between the em- ployment, the disease, and the death or disability’’ in first sentence. Subsec. (c). Pub. L. 98–426, § 11(b), inserted at end ‘‘Each employer shall designate those agents or other responsible officials to receive such notice, except that the employer shall designate as its representatives in- dividuals among first line supervisors, local plant man- agement, and personnel office officials. Such designa- tions shall be made in accordance with regulations pre- scribed by the Secretary and the employer shall notify his employees and the Secretary of such designation in a manner prescribed by the Secretary in regulations.’’ Subsec. (d)(1). Pub. L. 98–426, § 11(c), substituted ‘‘(or his agent or agents or other responsible official or offi- cials designated by the employer pursuant to sub- section (c))’’ for ‘‘(or his agent in charge of the business in the place where the injury occurred)’’, substituted ‘‘injury or death, (2)’’ for ‘‘injury or death and’’, and substituted ‘‘or (3)’’ for ‘‘or (2)’’. Pub. L. 98–426, § 11(c)(4), inserted ‘‘(i) notice, while not given to a responsible official designated by the em- ployer pursuant to subsection (c) of this section, was given to an official of the employer or the employer’s insurance carrier, and that the employer or carrier was not prejudiced due to the failure to provide notice to a responsible official designated by the employer pursu- ant to subsection (c), or (ii)’’. 1972—Subsec. (a). Pub. L. 92–576 provided for notice of an injury or death within thirty days after the em- ployee or beneficiary is aware or in the exercise of rea- sonable diligence should have been aware of a relation- ship between the injury or death and the employment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 11(a) of Pub. L. 98–426 effec- tive Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, and amendment by section 11(b), (c) of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and appli- cable both with respect to claims filed after such 90th day and to claims pending on such 90th day, see section 28(a), (b) 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. § 913. Filing of claims (a) Time to file Except as otherwise provided in this section, the right to compensation for disability or death under this chapter shall be barred unless a claim therefore is filed within one year after the in- jury or death. If payment of compensation has been made without an award on account of such injury or death, a claim may be filed within one year after the date of the last payment. Such claim shall be filed with the deputy commis- sioner in the compensation district in which such injury or death occurred. The time for fil- ing a claim shall not begin to run until the em- ployee 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 employment. (b) Failure to file (1) Notwithstanding the provisions of sub- section (a) failure to file a claim within the pe- riod prescribed in such subsection shall not be a bar to such right unless objection to such failure is made at the first hearing of such claim in which all parties in interest are given reason- able notice and opportunity to be heard. (2) Notwithstanding the provisions of sub- section (a), a claim for compensation for death or disability due to an occupational disease which does not immediately result in such death or disability shall be timely if filed within two years after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employ- ment, the disease, and the death or disability, or within one year of the date of the last payment of compensation, whichever is later. (c) Effect on incompetents and minors If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the provisions of subsection (a) shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of such guardian or other rep- resentative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age. (d) Tolling provision Where recovery is denied to any person, in a suit brought at law or in admiralty to recover damages in respect of injury or death, on the ground that such person was an employee and that the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter, the limitation of time pre- scribed in subsection (a) shall begin to run only from the date of termination of such suit. (Mar. 4, 1927, ch. 509, § 13, 44 Stat. 1432; Pub. L. 92–576, § 12(b), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98–426, § 12, Sept. 28, 1984, 98 Stat. 1649.) Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–426 designated existing provisions as par. (1) and added par. (2). 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.