33 U.S.C. § 919 — Procedure in respect of claims

Page 299 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 919 1 So in original. Probably should be ‘‘an’’. this title, or both, seek to recover the amount of the default or so much thereof as in the judg- ment of the Secretary is possible, or the Sec- retary may settle and compromise any such claim. (Mar. 4, 1927, ch. 509, § 18, 44 Stat. 1434; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; July 26, 1956, ch. 735, § 6, 70 Stat. 655; Pub. L. 98–426, § 27(b), Sept. 28, 1984, 98 Stat. 1654.) Editorial Notes CODIFICATION As originally enacted, subsec. (a) contained a ref- erence to the Supreme Court of the District of Colum- bia. Act June 25, 1936, substituted ‘‘the district court of the United States for the District of Columbia’’ for ‘‘the Supreme Court of the District of Columbia’’, and act June 25, 1948, as amended by act May 24, 1949, sub- stituted ‘‘United States District Court for the District of Columbia’’ for ‘‘district court of the United States for the District of Columbia’’. AMENDMENTS 1984—Subsec. (b). Pub. L. 98–426 struck out ‘‘, including the right of lien and priority provided for by section 917 of this title,’’ after ‘‘shall be subrogated to all the rights of the person receiving such payment or benefits’’. 1956—Act July 26, 1956, designated existing provisions as subsec. (a) and added subsec. (b). 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. § 919. Procedure in respect of claims (a) Filing of claim Subject to the provisions of section 913 of this title a claim for compensation may be filed with the deputy commissioner in accordance with regulations prescribed by the Secretary at any time after the first seven days of disability fol- lowing any injury, or at any time after death, and the deputy commissioner shall have full power and authority to hear and determine all questions in respect of such claim. (b) Notice of claim Within ten days after such claim is filed the deputy commissioner, in accordance with regu- lations prescribed by the Secretary, shall notify the employer and any other person (other than the claimant), whom the deputy commissioner considers an interested party, that a claim has been filed. Such notice may be served personally upon the employer or other person, or sent to such employer or person by registered mail. (c) Investigations; order for hearing; notice; re- jection or award The deputy commissioner shall make or cause to be made such investigations as he considers necessary in respect of the claim, and upon ap- plication of any interested party shall order a hearing thereon. If a hearing on such claim is ordered the deputy commissioner shall give the claimant and other interested parties at least ten days’ notice of such hearing, served person- ally upon the claimant and other interested par- ties or sent to such claimant and other inter- ested parties by registered mail or by certified mail, and shall within twenty days after such hearing is had, by order, reject the claim or make an award in respect of the claim. If no hearing is ordered within twenty days after no- tice is given as provided in subsection (b), the deputy commissioner shall, by order, reject the claim or make an award in respect of the claim. (d) Provisions governing conduct of hearing; ad- ministrative law judges Notwithstanding any other provisions of this chapter, any hearing held under this chapter shall be conducted in accordance with the provi- sions of section 554 of title 5. Any such hearing shall be conducted by a 1 administrative law judge qualified under section 3105 of that title. All powers, duties, and responsibilities vested by this chapter, on October 27, 1972, in the deputy commissioners with respect to such hearings shall be vested in such administrative law judges. (e) Filing and mailing of order rejecting claim or making award The order rejecting the claim or making the award (referred to in this chapter as a com- pensation order) shall be filed in the office of the deputy commissioner, and a copy thereof shall be sent by registered mail or by certified mail to the claimant and to the employer at the last known address of each. (f) Awards after death of employee An award of compensation for disability may be made after the death of an injured employee. (g) Transfer of case At any time after a claim has been filed with him, the deputy commissioner may, with the ap- proval of the Secretary, transfer such case to any other deputy commissioner for the purpose of making investigation, taking testimony, making physical examinations or taking such other necessary action therein as may be di- rected. (h) Physical examination of injured employee An injured employee claiming or entitled to compensation shall submit to such physical ex- amination by a medical officer of the United States or by a duly qualified physician des- ignated or approved by the Secretary as the dep- uty commissioner may require. The place or places shall be reasonably convenient for the employee. Such physician or physicians as the employee, employer, or carrier may select and pay for may participate in an examination if the employee, employer, or carrier so requests. Pro- ceedings shall be suspended and no compensa- tion be payable for any period during which the employee may refuse to submit to examination. (Mar. 4, 1927, ch. 509, § 19, 44 Stat. 1435; June 25, 1938, ch. 685, § 9, 52 Stat. 1167; Pub. L. 86–507, § 1(30), (31), June 11, 1960, 74 Stat. 202; Pub. L. 92–576, § 14, Oct. 27, 1972, 86 Stat. 1261; Pub. L. 95–251, § 2(a)(10), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98–426, § 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.) Page 300 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 920 Editorial Notes AMENDMENTS 1984—Subsecs. (a), (b), (g), (h). Pub. L. 98–426, § 27(a)(2), substituted ‘‘Secretary’’ for ‘‘commission’’. See Transfer of Functions note under section 902 of this title. 1978—Subsec. (d). Pub. L. 95–251 substituted ref- erences to administrative law judges for references to hearing examiners. 1972—Subsec. (d). Pub. L. 92–576 substituted provi- sions for conduct of hearings under section 554 of title 5 by a hearing examiner qualified under section 3105 of title 5 and vesting in hearing examiners the powers, du- ties, and responsibilities vested in deputy commis- sioners on Oct. 27, 1972, for former provisions author- izing claimant and employer to present evidence with respect to claims and for representation of a claimant under a written authorization. 1960—Subsecs. (c), (e). Pub. L. 86–507 inserted ‘‘or by certified mail’’ after ‘‘registered mail’’. 1938—Subsec. (g). Act June 25, 1938, authorized trans- fer of cases, with administrative approval, at any time after filing of claim for the additional purposes of mak- ing investigations and taking other necessary action instead of after issuance of compensation order without anyone’s approval. 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. § 920. Presumptions In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of substantial evidence to the contrary— (a) That the claim comes within the provisions of this chapter. (b) That sufficient notice of such claim has been given. (c) That the injury was not occasioned solely by the intoxication of the injured employee. (d) That the injury was not occasioned by the willful intention of the injured employee to in- jure or kill himself or another. (Mar. 4, 1927, ch. 509, § 20, 44 Stat. 1436.) § 921. Review of compensation orders (a) Effectiveness and finality of orders A compensation order shall become effective when filed in the office of the deputy commis- sioner as provided in section 919 of this title, and, unless proceedings for the suspension or setting aside of such order are instituted as pro- vided in subsection (b) of this section, shall be- come final at the expiration of the thirtieth day thereafter. (b) Benefits Review Board; establishment; mem- bers; chairman; quorum; voting; questions re- viewable; record; conclusiveness of findings; stay of payments; remand (1) There is hereby established a Benefits Re- view Board which shall be composed of five members appointed by the Secretary from among individuals who are especially qualified to serve on such Board. The Secretary shall des- ignate one of the members of the Board to serve as chairman. The Chairman shall have the au- thority, as delegated by the Secretary, to exer- cise all administrative functions necessary to operate the Board. (2) For the purpose of carrying out its func- tions under this chapter, three members of the Board shall constitute a quorum and official ac- tion can be taken only on the affirmative vote of at least three members. (3) The Board shall be authorized to hear and determine appeals raising a substantial question of law or fact taken by any party in interest from decisions with respect to claims of employ- ees under this chapter and the extensions there- of. The Board’s orders shall be based upon the hearing record. The findings of fact in the deci- sion under review by the Board shall be conclu- sive if supported by substantial evidence in the record considered as a whole. The payment of the amounts required by an award shall not be stayed pending final decision in any such pro- ceeding unless ordered by the Board. No stay shall be issued unless irreparable injury would otherwise ensue to the employer or carrier. (4) The Board may, on its own motion or at the request of the Secretary, remand a case to the administrative law judge for further appro- priate action. The consent of the parties in in- terest shall not be a prerequisite to a remand by the Board. (5) Notwithstanding paragraphs (1) through (4), upon application of the Chairman of the Board, the Secretary may designate up to four Depart- ment of Labor administrative law judges to serve on the Board temporarily, for not more than one year. The Board is authorized to dele- gate to panels of three members any or all of the powers which the Board may exercise. Each such panel shall have no more than one temporary member. Two members shall constitute a quorum of a panel. Official adjudicative action may be taken only on the affirmative vote of at least two members of a panel. Any party ag- grieved by a decision of a panel of the Board may, within thirty days after the date of entry of the decision, petition the entire permanent Board for review of the panel’s decision. Upon affirmative vote of the majority of the perma- nent members of the Board, the petition shall be granted. The Board shall amend its Rules of Practice to conform with this paragraph. Tem- porary members, while serving as members of the Board, shall be compensated at the same rate of compensation as regular members. (c) Court of appeals; jurisdiction; persons enti- tled to review; petition; record; determina- tion and enforcement; service of process; stay of payments Any person adversely affected or aggrieved by a final order of the Board may obtain a review of that order in the United States court of ap- peals for the circuit in which the injury oc- curred, by filing in such court within sixty days following the issuance of such Board order a written petition praying that the order be modi- fied or set aside. A copy of such petition shall be