33 U.S.C. § 930 — Reports to Secretary

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- Page 306 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 931 lows: ‘‘Any employer who fails or refuses to send any report required of him by this section shall be subject to a civil penalty not to exceed $500 for each such fail- ure or refusal.’’ 1938—Subsec. (f). Act June 25, 1938, added subsec. (f). 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. § 931. Penalty for misrepresentation (a) Felony; fine; imprisonment (1) Any claimant or representative of a claim- ant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this chap- ter shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both. (2) The United States attorney for the district in which the injury is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint made under this sub- section. (b) List of persons disqualified from representing claimants (1) No representation fee of a claimant’s rep- resentative shall be approved by the deputy commissioner, an administrative law judge, the Board, or a court pursuant to section 928 of this title, if the claimant’s representative is on the list of individuals who are disqualified from rep- resenting claimants under this chapter main- tained by the Secretary pursuant to paragraph (2) of this subsection. (2)(A) The Secretary shall annually prepare a list of those individuals in each compensation district who have represented claimants for a fee in cases under this chapter and who are not authorized to represent claimants. The names of individuals contained on the list required under this subparagraph shall be made available to employees and employers in each compensation district through posting and in such other forms as the Secretary may prescribe. (B) Individuals shall be included on the list of those not authorized to represent claimants under this chapter if the Secretary determines under this section, in accordance with the proce- dure provided in subsection (j) of section 907 of this title, that such individual— (i) has been convicted (without regard to pending appeal) of any crime in connection with the representation of a claimant under this chapter or any workers’ compensation statute; (ii) has engaged in fraud in connection with the presentation of a claim under this or any workers’ compensation statute, including, but not limited to, knowingly making false rep- resentations, concealing or attempting to con- ceal material facts with respect to a claim, or soliciting or otherwise procuring false testi- mony; (iii) has been prohibited from representing claimants before any other workers’ com- pensation agency for reasons of professional misconduct which are similar in nature to those which would be grounds for disqualifica- tion under this paragraph; or (iv) has accepted fees for representing claim- ants under this chapter which were not ap- proved, or which were in excess of the amount approved pursuant to section 928 of this title. (C) Notwithstanding subparagraph (B), no in- dividual who is on the list required to be main- tained by the Secretary pursuant to this section shall be prohibited from presenting his or her own claim or from representing without fee, a claimant who is a spouse, mother, father, sister, brother, or child of such individual. (D) A determination under subparagraph (A) shall remain in effect for a period of not less than three years and until the Secretary finds and gives notice to the public that there is rea- sonable assurance that the basis for the deter- mination will not reoccur. (3) No employee shall be liable to pay a rep- resentation fee to any representative whose fee has been disallowed by reason of the operation of this paragraph. (4) The Secretary shall issue such rules and regulations as are necessary to carry out this section. (c) False statements or representation to reduce, deny, or terminate benefits A person including, but not limited to, an em- ployer, his duly authorized agent, or an em- ployee of an insurance carrier who knowingly and willfully makes a false statement or rep- resentation for the purpose of reducing, denying, or terminating benefits to an injured employee, or his dependents pursuant to section 909 of this title if the injury results in death, shall be pun- ished by a fine not to exceed $10,000, by impris- onment not to exceed five years, or by both. (Mar. 4, 1927, ch. 509, § 31, 44 Stat. 1439; Pub. L. 98–426, § 19, Sept. 28, 1984, 98 Stat. 1650.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–426 designated existing provisions as subsec. (a)(1), substituted ‘‘Any claimant or representa- tive of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this chapter shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprison- ment not to exceed five years, or by both’’ for ‘‘Any person who willfully makes any false or misleading statement or representation for the purpose of obtain- ing any benefit or payment under this chapter shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment of not to exceed one year, or by both such fine and imprisonment’’, and added subsecs. (a)(2), (b), and (c). 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. § 932. Security for compensation (a) Every employer shall secure the payment of compensation under this chapter—