-CITE-
    33 USC CHAPTER 18 - LONGSHORE AND HARBOR WORKERS'
           COMPENSATION                                    01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
          CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION      

-MISC1-
    Sec.                                                     
    901.        Short title.                                          
    902.        Definitions.                                          
    903.        Coverage.                                             
    904.        Liability for compensation.                           
    905.        Exclusiveness of liability.                           
    906.        Compensation.                                         
    907.        Medical services and supplies.                        
    908.        Compensation for disability.                          
    909.        Compensation for death.                               
    910.        Determination of pay.                                 
    911.        Guardian for minor or incompetent.                    
    912.        Notice of injury or death.                            
    913.        Filing of claims.                                     
    914.        Payment of compensation.                              
    915.        Invalid agreements.                                   
    916.        Assignment and exemption from claims of creditors.    
    917.        Lien against compensation.                            
    918.        Collection of defaulted payments; special fund.       
    919.        Procedure in respect of claims.                       
    920.        Presumptions.                                         
    921.        Review of compensation orders.                        
    921a.       Appearance of attorneys for Secretary, deputy
                 commissioner, or Board.                              
    922.        Modification of awards.                               
    923.        Procedure before deputy commissioner or Board.        
    924.        Witnesses.                                            
    925.        Witness fees.                                         
    926.        Costs in proceedings brought without reasonable
                 grounds.                                             
    927.        Powers of deputy commissioners or Board.              
    928.        Fees for services.                                    
    929.        Record of injury or death.                            
    930.        Reports to Secretary.                                 
    931.        Penalty for misrepresentation.                        
    932.        Security for compensation.                            
    933.        Compensation for injuries where third persons are
                 liable.                                              
    934.        Compensation notice.                                  
    935.        Substitution of carrier for employer.                 
    936.        Insurance policies.                                   
    937.        Certificate of compliance with chapter.               
    938.        Penalties.                                            
    939.        Administration by Secretary.                          
    940.        Deputy commissioners.                                 
    941.        Safety rules and regulations.                         
    942.        Annual report.                                        
    943.        Repealed.                                             
    944.        Special fund.                                         
    945 to 947. Repealed.                                             
    948.        Laws inapplicable.                                    
    948a.       Discrimination against employees who bring
                 proceedings; penalties; deposit of payments in
                 special fund; civil actions; entitlement to
                 restoration of employment and compensation,
                 qualifications requirement; liability of employer for
                 penalties and payments; insurance policy exemption
                 from liability.                                      
    949.        Effect of unconstitutionality.                        
    950.        Separability.                                         

-End-



-CITE-
    33 USC Sec. 901                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 901. Short title

-STATUTE-
      This chapter may be cited as "Longshore and Harbor Workers'
    Compensation Act."

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 1, 44 Stat. 1424; Pub. L. 98-426, Sec.
    27(d)(1), Sept. 28, 1984, 98 Stat. 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426 substituted "Longshore" for
    "Longshoremen's".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 28(a)-(g) of Pub. L. 98-426 provided that:
      "(a) Except as otherwise provided in this section, the amendments
    made by this Act [enacting section 942 of this title, amending this
    section, sections 902 to 910, 912 to 914, 917 to 919, 921 to 923,
    928 to 935, 938 to 940, 944, and 948a of this title, and section
    932 of Title 30, Mineral Lands and Mining, repealing sections 945
    to 947 of this title, and enacting provisions set out as notes
    under this section and section 907 of this title] shall be
    effective on the date of enactment of this Act [Sept. 28, 1984] and
    shall apply both with respect to claims filed after such date and
    to claims pending on such date.
      "(b) The amendments made by sections 7(a), 7(e), 8(f), 11(b),
    11(c), and 13 [amending sections 907, 908, 912, and 914 of this
    title] shall be effective 90 days after the date of enactment of
    this Act [Sept. 28, 1984] and shall apply both with respect to
    claims filed after such 90th day and to claims pending on such 90th
    day.
      "(c) The amendments made by sections 2(a), 3(a), 5, and 8(b)
    [amending sections 902, 903, 905, and 908 of this title] shall
    apply with respect to any injury after the date of enactment of
    this Act [Sept. 28, 1984].
      "(d) The amendments made by sections 6(a), 8(d), and 9 [amending
    sections 906, 908, and 909 of this title] shall apply with respect
    to any death after the date of enactment of this Act [Sept. 28,
    1984].
      "(e)(1) The amendments made by sections 2(c), 8(c)(1), 8(e)(4),
    8(e)(5), 8(g), 10(b), 15 through 20, and 22 through 27 [enacting
    section 942 of this title, amending this section and sections 902,
    908 to 910, 914, 918, 919, 921 to 923, 928 to 932, 934, 935, 938 to
    940, 944, and 948a of this title, repealing sections 945 to 947,
    and enacting provisions set out as a note under this section] shall
    be effective on the date of enactment of this Act [Sept. 24, 1984].
      "(2) The amendments made by sections 7(b), 7(c), 7(d), and 8(h)
    [amending sections 907 and 908 of this title] shall be effective 90
    days after the date of enactment of this Act [Sept. 28, 1984].
      "(f) The amendments made by section 6(b) [amending section 906 of
    this title] shall apply with respect to any injury, disability, or
    death after the date of enactment of this Act [Sept. 28, 1984].
      "(g) For the purpose of this section - 
        "(1) in the case of an occupational disease which does not
      immediately result in a disability or death, an injury shall be
      deemed to arise on the date on which 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 disease;
      and
        "(2) the term 'disability' has the meaning given such term by
      section 2(10) of the Act [section 902(10) of this title] as
      amended by this Act."

                              EFFECTIVE DATE                          
      Section 52, formerly Sec. 51, of act Mar. 4, 1927, renumbered
    Oct. 27, 1972, Pub. L. 92-576, Sec. 19, 86 Stat. 1263, provided
    that: "Sections 39 to 48, 50 to 52 [50 to 52, formerly 49 to 51,
    renumbered Pub. L. 92-576, Sec. 19], inclusive [sections 939 to
    948, 949, and 950 of this title], shall become effective upon the
    passage of this Act [Mar. 4, 1927], and the remainder of this Act
    shall become effective on July 1, 1927."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Section 1(a) of Pub. L. 98-426 provided that: "this Act [enacting
    section 942 of this title, amending this section, sections 902 to
    910, 912 to 914, 917 to 919, 921 to 923, 928 to 935, 938 to 940,
    944, and 948a of this title, and section 932 of Title 30, Mineral
    Lands and Mining, repealing sections 945 to 947 of this title, and
    enacting provisions set out as notes under this section and section
    907 of this title] may be cited as the 'Longshore and Harbor
    Workers' Compensation Act Amendments of 1984'."

                       SHORT TITLE OF 1972 AMENDMENT                   
      Pub. L. 92-576, Sec. 1, Oct. 27, 1972, 86 Stat. 1251, provided:
    "That this Act [enacting section 948a, amending sections 902, 903,
    905 to 910, 912 to 914, 917, 919, 921, 921a, 923, 927, 928, 933,
    935, 939, 940, and 944 of this title, and enacting and amending
    provisions set out as notes under this section and section 902 of
    this title] may be cited as the 'Longshoremen's and Harbor Workers'
    Compensation Act Amendments of 1972'."

     REFERENCES TO LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT 
      Section 27(d)(2) of Pub. L. 98-426 provided that: "Reference in
    any other statute, regulation, order, or other document to the
    Longshoremen's and Harbor Workers' Compensation Act shall be deemed
    to refer to the Longshore and Harbor Workers' Compensation Act."

-End-



-CITE-
    33 USC Sec. 902                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 902. Definitions

-STATUTE-
      When used in this chapter - 
        (1) The term "person" means individual, partnership,
      corporation, or association.
        (2) The term "injury" means accidental injury or death arising
      out of and in the course of employment, and such occupational
      disease or infection as arises naturally out of such employment
      or as naturally or unavoidably results from such accidental
      injury, and includes an injury caused by the willful act of a
      third person directed against an employee because of his
      employment.
        (3) The term "employee" means any person engaged in maritime
      employment, including any longshoreman or other person engaged in
      longshoring operations, and any harbor-worker including a ship
      repairman, shipbuilder, and ship-breaker, but such term does not
      include - 
          (A) individuals employed exclusively to perform office
        clerical, secretarial, security, or data processing work;
          (B) individuals employed by a club, camp, recreational
        operation, restaurant, museum, or retail outlet;
          (C) individuals employed by a marina and who are not engaged
        in construction, replacement, or expansion of such marina
        (except for routine maintenance);
          (D) individuals who (i) are employed by suppliers,
        transporters, or vendors, (ii) are temporarily doing business
        on the premises of an employer described in paragraph (4), and
        (iii) are not engaged in work normally performed by employees
        of that employer under this chapter;
          (E) aquaculture workers;
          (F) individuals employed to build, repair, or dismantle any
        recreational vessel under sixty-five feet in length;
          (G) a master or member of a crew of any vessel; or
          (H) any person engaged by a master to load or unload or
        repair any small vessel under eighteen tons net;

      if individuals described in clauses (A) through (F) are subject
      to coverage under a State workers' compensation law.
        (4) The term "employer" means an employer any of whose
      employees are employed in maritime employment, in whole or in
      part, upon the navigable waters of the United States (including
      any adjoining pier, wharf, dry dock, terminal, building way,
      marine railway, or other adjoining area customarily used by an
      employer in loading, unloading, repairing, or building a vessel).
        (5) The term "carrier" means any person or fund authorized
      under section 932 of this title to insure under this chapter and
      includes self-insurers.
        (6) The term "Secretary" means the Secretary of Labor.
        (7) The term "deputy commissioner" means the deputy
      commissioner having jurisdiction in respect of an injury or
      death.
        (8) The term "State" includes a Territory and the District of
      Columbia.
        (9) The term "United States" when used in a geographical sense
      means the several States and Territories and the District of
      Columbia, including the territorial waters thereof.
        (10) "Disability" means incapacity because of injury to earn
      the wages which the employee was receiving at the time of injury
      in the same or any other employment; but such term shall mean
      permanent impairment, determined (to the extent covered thereby)
      under the guides to the evaluation of permanent impairment
      promulgated and modified from time to time by the American
      Medical Association, in the case of an individual whose claim is
      described in section 910(d)(2) of this title.
        (11) "Death" as a basis for a right to compensation means only
      death resulting from an injury.
        (12) "Compensation" means the money allowance payable to an
      employee or to his dependents as provided for in this chapter,
      and includes funeral benefits provided therein.
        (13) The term "wages" means the money rate at which the service
      rendered by an employee is compensated by an employer under the
      contract of hiring in force at the time of the injury, including
      the reasonable value of any advantage which is received from the
      employer and included for purposes of any withholding of tax
      under subtitle C of title 26 (relating to employment taxes). The
      term wages does not include fringe benefits, including (but not
      limited to) employer payments for or contributions to a
      retirement, pension, health and welfare, life insurance,
      training, social security or other employee or dependent benefit
      plan for the employee's or dependent's benefit, or any other
      employee's dependent entitlement.
        (14) "Child" shall include a posthumous child, a child legally
      adopted prior to the injury of the employee, a child in relation
      to whom the deceased employee stood in loco parentis for at least
      one year prior to the time of injury, and a stepchild or
      acknowledged illegitimate child dependent upon the deceased, but
      does not include married children unless wholly dependent on him.
      "Grandchild" means a child as above defined of a child as above
      defined. "Brother" and "sister" includes stepbrothers and
      stepsisters, half brothers and half sisters, and brothers and
      sisters by adoption, but does not include married brothers nor
      married sisters unless wholly dependent on the employee. "Child",
      "grandchild", "brother", and "sister" include only a person who
      is under eighteen years of age, or who, though eighteen years of
      age or over, is (1) wholly dependent upon the employee and
      incapable of self-support by reason of mental or physical
      disability, or (2) a student as defined in paragraph (19) of this
      section.
        (15) The term "parent" includes step-parents and parents by
      adoption, parents-in-law, and any person who for more than three
      years prior to the death of the deceased employee stood in the
      place of a parent to him, if dependent on the injured employee.
        (16) The terms "widow or widower" includes only the decedent's
      wife or husband living with or dependent for support upon him or
      her at the time of his or her death; or living apart for
      justifiable cause or by reason of his or her desertion at such
      time.
        (17) The terms "adoption" or "adopted" mean legal adoption
      prior to the time of the injury.
        (18) The term "student" means a person regularly pursuing a
      full-time course of study or training at an institution which is -
       
          (A) a school or college or university operated or directly
        supported by the United States, or by any State or local
        government or political subdivision thereof,
          (B) a school or college or university which has been
        accredited by a State or by a State recognized or nationally
        recognized accrediting agency or body.
          (C) a school or college or university not so accredited but
        whose credits are accepted, on transfer, by not less than three
        institutions which are so accredited, for credit on the same
        basis as if transferred from an institution so accredited, or
          (D) an additional type of educational or training institution
        as defined by the Secretary,

      but not after he reaches the age of twenty-three or has completed
      four years of education beyond the high school level, except
      that, where his twenty-third birthday occurs during a semester or
      other enrollment period, he shall continue to be considered a
      student until the end of such semester or other enrollment
      period. A child shall not be deemed to have ceased to be a
      student during any interim between school years if the interim
      does not exceed five months and if he shows to the satisfaction
      of the Secretary that he has a bona fide intention of continuing
      to pursue a full-time course of education or training during the
      semester or other enrollment period immediately following the
      interim or during periods of reasonable duration during which, in
      the judgment of the Secretary, he is prevented by factors beyond
      his control from pursuing his education. A child shall not be
      deemed to be a student under this chapter during a period of
      service in the Armed Forces of the United States.
        (19) The term "national average weekly wage" means the national
      average weekly earnings of production or nonsupervisory workers
      on private nonagricultural payrolls.
        (20) The term "Board" shall mean the Benefits Review Board.
        (21) Unless the context requires otherwise, the term "vessel"
      means any vessel upon which or in connection with which any
      person entitled to benefits under this chapter suffers injury or
      death arising out of or in the course of his employment, and said
      vessel's owner, owner pro hac vice, agent, operator, charter or
      bare boat charterer, master, officer, or crew member.
        (22) The singular includes the plural and the masculine
      includes the feminine and neuter.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 2, 44 Stat. 1424; June 25, 1938, ch.
    685, Sec. 1, 52 Stat. 1164; Pub. L. 92-576, Secs. 2(a), (b), 3,
    5(b), 15(c), 18(b), 20(c)(1), Oct. 27, 1972, 86 Stat. 1251, 1253,
    1262, 1263, 1265; Pub. L. 98-426, Secs. 2, 5(a)(2), 27(a)(1), Sept.
    28, 1984, 98 Stat. 1639, 1641, 1654.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The phrase "a student as defined in paragraph (19) of this
    section", referred to in par. (14), probably means a student as
    defined in paragraph (18) of this section.


-MISC1-
                                AMENDMENTS                            
      1984 - Par. (3). Pub. L. 98-426, Sec. 2(a), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "The term
    'employee' means any person engaged in maritime employment,
    including any longshoreman or other person engaged in longshoring
    operations, and any harborworker including a ship repairman,
    shipbuilder, and shipbreaker, but such term does not include a
    master or member of a crew of any vessel, or any person engaged by
    the master to load or unload or repair any small vessel under
    eighteen tons net."
      Par. (6). Pub. L. 98-426, Sec. 27(a)(1), substituted "The term
    'Secretary' means the Secretary of Labor" for "The term
    'commission' means the United States Employees' Compensation
    Commission".
      Par. (10). Pub. L. 98-426, Sec. 2(b), inserted "; but such term
    shall mean permanent impairment, determined (to the extent covered
    thereby) under the guides to the evaluation of permanent impairment
    promulgated and modified from time to time by the American Medical
    Association, in the case of an individual whose claim is described
    in section 910(d)(2) of this title".
      Par. (13). Pub. L. 98-426, Sec. 2(c), amended par. (13)
    generally. Prior to amendment, par. (13) read as follows: " 'Wages'
    means the money rate at which the service rendered is recompensed
    under the contract of hiring in force at the time of the injury,
    including the reasonable value of board, rent, housing, lodging, or
    similar advantage received from the employer, and gratuities
    received in the course of employment from others than the
    employer".
      Par. (21). Pub. L. 98-426, Sec. 5(a)(2), substituted "Unless the
    context requires otherwise, the" for "The".
      1972 - Par. (3). Pub. L. 92-576, Sec. 2(a), defined "employee" to
    mean any person engaged in maritime employment, including any
    longshoreman or other person engaged in longshoring operations, and
    any harborworker including a ship repairman, shipbuilder, and
    shipbreaker and substituted "or" for "nor" before "any person
    engaged by the master".
      Par. (4). Pub. L. 92-576, Sec. 2(b), defined "employer" to
    include an employer any of whose employees are employed in maritime
    employment upon the navigable waters of the United States,
    including any adjoining pier, wharf, dry dock, terminal, building
    way, marine railway, or other adjoining area customarily used by an
    employer in loading, unloading, repairing, or building a vessel.
      Par. (14). Pub. L. 92-576, Sec. 3(b), defined "child, grandchild,
    brother, and sister" to include a student as defined in par. (19)
    of this section.
      Par. (16). Pub. L. 92-576, Sec. 20(c)(1), consolidated provisions
    of former par. (16) definition of "widow" and former par. (17)
    definition of "widower" in one definition of "widow or widower";
    and in redefining "widower", substituted provision for decedent's
    husband living with or dependent upon wife for support at time of
    her death, for prior provision for decedent's husband living with
    and dependent upon wife for support at time of her death, and
    included decedent's husband living apart from wife for justifiable
    cause or by reason of her desertion at time of her death.
      Par. (17). Pub. L. 92-576, Sec. 20(c)(1), redesignated former
    par. (18) definition of "adoption" or "adopted" as par. (17).
    Former par. (17) definition of "widower" incorporated in par. (16).
      Par. (18). Pub. L. 92-576, Secs. 3(a), 20(c)(1), added par. (19)
    definition of "student" and redesignated such par. (19) as par.
    (18). Former par. (18) definition of "adoption" or "adopted"
    redesignated par. (17).
      Par. (19). Pub. L. 92-576, Secs. 5(b), 20(c)(1), added par. (20)
    definition of "national average weekly wage" and redesignated such
    par. (20) as par. (19). Former par. (19) definition of "student"
    redesignated par. (18).
      Par. (20). Pub. L. 92-576, Secs. 15(c), 20(c)(1), added par. (21)
    definition of "Board" and redesignated such par. (21) as par. (20).
    Former par. (20) definition of "national average weekly wage"
    redesignated par. (19).
      Par. (21). Pub. L. 92-576, Secs. 18(b), 20(c)(1), added par. (22)
    definition of "vessel" and redesignated such par. (22) as par.
    (21). Former par. (21) definition of "Board" redesignated par.
    (20).
      Par. (22). Pub. L. 92-576, Secs. 3(a), 5(b), 15(c), 18(b),
    20(c)(1), redesignated former par. (19) definition of "singular" as
    pars. (20), (21), (22), (23), and (22) again. Former par. (22)
    definition of "vessel" redesignated par. (21).
      1938 - Par. (14). Act June 25, 1938, included within definition
    of child, "a child in relation to whom the deceased employee stood
    in loco parentis for at least one year prior to the time of injury"
    and within definition of child, grandchild, brother, and sister
    "persons who though eighteen years of age or over, are wholly
    dependent upon the deceased employee and incapable of self-support
    by reason of mental or physical disability".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by sections 2(a) and 5(a)(2) of Pub. L. 98-426
    applicable with respect to any injury after Sept. 28, 1984,
    amendment by section 2(b) of Pub. L. 98-426 effective Sept. 28,
    1984, and applicable both with respect to claims filed after such
    date and to claims pending as of such date, and amendment by
    sections 2(c) and 27(a)(1) of Pub. L. 98-426 effective Sept. 28,
    1984, see section 28(a), (c), (e)(1) of Pub. L. 98-426, set out as
    a note under section 901 of this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Section 20(c)(3) of Pub. L. 92-576 provided that: "The amendments
    made by this subsection [amending this section and section 909 of
    this title] shall apply only with respect to deaths or injuries
    occurring after the enactment of this Act, [Oct. 27, 1972]."
      Section 22 of Pub. L. 92-576 provided that: "The amendments made
    by this Act [see Short Title note set out under section 901 of this
    title] shall become effective thirty days after the date of
    enactment of this Act [Oct. 27, 1972]."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Prior to the amendment of this chapter by Pub. L. 98-426 the word
    "Secretary" meaning the Secretary of Labor had been substituted for
    the word "commission" meaning the United States Employees'
    Compensation Commission throughout this chapter even when not
    expressly so directed by statute in view of the transfer of the
    functions of the commission first to the Federal Security
    Administrator by Reorg. Plan No. 2 of 1946, Sec. 3, eff. July 16,
    1946, 11 F.R. 7873, 60 Stat. 1095, and later to the Secretary of
    Labor by Reorg. Plan No. 19 of 1950, Sec. 1, eff. May 24, 1950, 15
    F.R. 3178, 64 Stat. 1271. Where such substitution had thus been
    made the statutory substitution of terms by Pub. L. 98-426 required
    no change in text.

-End-



-CITE-
    33 USC Sec. 903                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 903. Coverage

-STATUTE-
    (a) Disability or death; injuries occurring upon navigable waters
      of United States
      Except as otherwise provided in this section, compensation shall
    be payable under this chapter in respect of disability or death of
    an employee, but only if the disability or death results from an
    injury occurring upon the navigable waters of the United States
    (including any adjoining pier, wharf, dry dock, terminal, building
    way, marine railway, or other adjoining area customarily used by an
    employer in loading, unloading, repairing, dismantling, or building
    a vessel).
    (b) Governmental officers and employees
      No compensation shall be payable in respect of the disability or
    death of an officer or employee of the United States, or any agency
    thereof, or of any State or foreign government, or any subdivision
    thereof.
    (c) Intoxication; willful intention to kill
      No compensation shall be payable if the injury was occasioned
    solely by the intoxication of the employee or by the willful
    intention of the employee to injure or kill himself or another.
    (d) Small vessels
      (1) No compensation shall be payable to an employee employed at a
    facility of an employer if, as certified by the Secretary, the
    facility is engaged in the business of building, repairing, or
    dismantling exclusively small vessels (as defined in paragraph (3)
    of this subsection), unless the injury occurs while upon the
    navigable waters of the United States or while upon any adjoining
    pier, wharf, dock, facility over land for launching vessels, or
    facility over land for hauling, lifting, or drydocking vessels.
      (2) Notwithstanding paragraph (1), compensation shall be payable
    to an employee - 
        (A) who is employed at a facility which is used in the business
      of building, repairing, or dismantling small vessels if such
      facility receives Federal maritime subsidies; or
        (B) if the employee is not subject to coverage under a State
      workers' compensation law.

      (3) For purposes of this subsection, a small vessel means - 
        (A) a commercial barge which is under 900 lightship
      displacement tons; or
        (B) a commercial tugboat, towboat, crew boat, supply boat,
      fishing vessel, or other work vessel which is under 1,600 tons
      gross as measured under section 14502 of title 46, or an
      alternate tonnage measured under section 14302 of that title as
      prescribed by the Secretary under section 14104 of that title.
    (e) Credit for benefits paid under other laws
      Notwithstanding any other provision of law, any amounts paid to
    an employee for the same injury, disability, or death for which
    benefits are claimed under this chapter pursuant to any other
    workers' compensation law or section 30104 of title 46 shall be
    credited against any liability imposed by this chapter.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 3, 44 Stat. 1426; Pub. L. 92-576,
    Secs. 2(c), 21, Oct. 27, 1972, 86 Stat. 1251, 1265; Pub. L. 98-426,
    Sec. 3, Sept. 28, 1984, 98 Stat. 1640; Pub. L. 104-324, title VII,
    Sec. 703, Oct. 19, 1996, 110 Stat. 3933.)

-COD-
                               CODIFICATION                           
      In subsec. (e), "section 30104 of title 46" substituted for
    "section 20 of the Act of March 4, 1915 (38 Stat. 1185, chapter
    153; 46 U.S.C. 688) (relating to recovery for injury to or death of
    seamen)" on authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006,
    120 Stat. 1709, which Act enacted section 30104 of Title 46,
    Shipping.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d)(3)(B). Pub. L. 104-324 inserted before period
    at end "as measured under section 14502 of title 46, or an
    alternate tonnage measured under section 14302 of that title as
    prescribed by the Secretary under section 14104 of that title".
      1984 - Subsec. (a). Pub. L. 98-426, Sec. 3(a), inserted
    introductory language relating to exceptions provided for elsewhere
    in this section, redesignated existing par. (1) as subsec. (b), and
    struck out existing par. (2) which had excepted from coverage
    masters and crew members or persons engaged by such masters or crew
    members to load, unload, or repair vessels under 18 tons net.
      Subsec. (b). Pub. L. 98-426, Sec. 3(a), redesignated as subsec.
    (b) provisions formerly set out in subsec. (a)(2). Former subsec.
    (b) redesignated (c).
      Subsecs. (c) to (e). Pub. L. 98-426, Sec. 3(a), (b), redesignated
    former subsec. (b) as (c) and added subsecs. (d) and (e).
      1972 - Subsec. (a). Pub. L. 92-576, Sec. 2(c), substituted
    provisions respecting coverage of injuries occurring upon navigable
    waters of the United States, including any adjoining pier, wharf,
    dry dock, terminal, building way, marine railway, or other
    adjoining area customarily used by an employer in loading,
    unloading, repairing, or building a vessel, for prior provisions
    respecting coverage of such injuries upon navigable waters and if
    recovery for the disability or death through workmen's compensation
    proceedings may not validly be provided by State law.
      Subsec. (a)(1). Pub. L. 92-576, Sec. 21, substituted "or" for
    "nor" before "any person engaged by the master".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 3(a) of Pub. L. 98-426 applicable with
    respect to any injury after Sept. 28, 1984, and amendment by
    section 3(b) of Pub. L. 98-426 effective Sept. 28, 1984, and
    applicable both with respect to claims filed after Sept. 28, 1984,
    and to claims pending on that date, see section 28(a), (c) 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.

                           DISTRICT OF COLUMBIA                       
      The Longshoremen's and Harbor Workers' Compensation Act [this
    chapter] was made applicable in respect to the injury or death of
    an employee of an employer carrying on any employment in the
    District of Columbia, by act May 17, 1928, ch. 612, 45 Stat. 600,
    as amended.

-End-



-CITE-
    33 USC Sec. 904                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 904. Liability for compensation

-STATUTE-
      (a) Every employer shall be liable for and shall secure the
    payment to his employees of the compensation payable under sections
    907, 908, and 909 of this title. In the case of an employer who is
    a subcontractor, only if such subcontractor fails to secure the
    payment of compensation shall the contractor be liable for and be
    required to secure the payment of compensation. A subcontractor
    shall not be deemed to have failed to secure the payment of
    compensation if the contractor has provided insurance for such
    compensation for the benefit of the subcontractor.
      (b) Compensation shall be payable irrespective of fault as a
    cause for the injury.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 4, 44 Stat. 1426; Pub. L. 98-426, Sec.
    4(a), Sept. 28, 1984, 98 Stat. 1641.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-426 amended subsec. (a) generally.
    Prior to amendment, subsec. (a) read as follows: "Every employer
    shall be liable for and shall secure the payment to his employees
    of the compensation payable under sections 907, 908, and 909 of
    this title. In the case of an employer who is a subcontractor, the
    contractor shall be liable for and shall secure the payment of such
    compensation to employees of the subcontractor unless the
    subcontractor has secured such payment."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-426 effective Sept. 28, 1984, and
    applicable both with respect to claims filed after Sept. 28, 1984,
    and to claims pending on that date, see section 28(a) of Pub. L. 98-
    426, set out as a note under section 901 of this title.

-End-



-CITE-
    33 USC Sec. 905                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 905. Exclusiveness of liability

-STATUTE-
    (a) Employer liability; failure of employer to secure payment of
      compensation
      The liability of an employer prescribed in section 904 of this
    title shall be exclusive and in place of all other liability of
    such employer to the employee, his legal representative, husband or
    wife, parents, dependents, next of kin, and anyone otherwise
    entitled to recover damages from such employer at law or in
    admiralty on account of such injury or death, except that if an
    employer fails to secure payment of compensation as required by
    this chapter, an injured employee, or his legal representative in
    case death results from the injury, may elect to claim compensation
    under the chapter, or to maintain an action at law or in admiralty
    for damages on account of such injury or death. In such action the
    defendant may not plead as a defense that the injury was caused by
    the negligence of a fellow servant, or that the employee assumed
    the risk of his employment, or that the injury was due to the
    contributory negligence of the employee. For purposes of this
    subsection, a contractor shall be deemed the employer of a
    subcontractor's employees only if the subcontractor fails to secure
    the payment of compensation as required by section 904 of this
    title.
    (b) Negligence of vessel
      In the event of injury to a person covered under this chapter
    caused by the negligence of a vessel, then such person, or anyone
    otherwise entitled to recover damages by reason thereof, may bring
    an action against such vessel as a third party in accordance with
    the provisions of section 933 of this title, and the employer shall
    not be liable to the vessel for such damages directly or indirectly
    and any agreements or warranties to the contrary shall be void. If
    such person was employed by the vessel to provide stevedoring
    services, no such action shall be permitted if the injury was
    caused by the negligence of persons engaged in providing
    stevedoring services to the vessel. If such person was employed to
    provide shipbuilding, repairing, or breaking services and such
    person's employer was the owner, owner pro hac vice, agent,
    operator, or charterer of the vessel, no such action shall be
    permitted, in whole or in part or directly or indirectly, against
    the injured person's employer (in any capacity, including as the
    vessel's owner, owner pro hac vice, agent, operator, or charterer)
    or against the employees of the employer. The liability of the
    vessel under this subsection shall not be based upon the warranty
    of seaworthiness or a breach thereof at the time the injury
    occurred. The remedy provided in this subsection shall be exclusive
    of all other remedies against the vessel except remedies available
    under this chapter.
    (c) Outer Continental Shelf
      In the event that the negligence of a vessel causes injury to a
    person entitled to receive benefits under this Act by virtue of
    section 1333 of title 43, then such person, or anyone otherwise
    entitled to recover damages by reason thereof, may bring an action
    against such vessel in accordance with the provisions of subsection
    (b) of this section. Nothing contained in subsection (b) of this
    section shall preclude the enforcement according to its terms of
    any reciprocal indemnity provision whereby the employer of a person
    entitled to receive benefits under this chapter by virtue of
    section 1333 of title 43 and the vessel agree to defend and
    indemnify the other for cost of defense and loss or liability for
    damages arising out of or resulting from death or bodily injury to
    their employees.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 5, 44 Stat. 1426; Pub. L. 92-576, Sec.
    18(a), Oct. 27, 1972, 86 Stat. 1263; Pub. L. 98-426, Secs. 4(b),
    5(a)(1), (b), Sept. 28, 1984, 98 Stat. 1641.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-426, Sec. 4(b), inserted at end
    "For purposes of this subsection, a contractor shall be deemed the
    employer of a subcontractor's employees only if the subcontractor
    fails to secure the payment of compensation as required by section
    904 of this title."
      Subsec. (b). Pub. L. 98-426, Sec. 5(a)(1), substituted "If such
    person was employed to provide shipbuilding, repairing, or breaking
    services and such person's employer was the owner, owner pro hac
    vice, agent, operator, or charterer of the vessel, no such action
    shall be permitted, in whole or in part or directly or indirectly,
    against the injured person's employer (in any capacity, including
    as the vessel's owner, owner pro hac vice, agent, operator, or
    charterer) or against the employees of the employer" for "If such
    person was employed by the vessel to provide ship building or
    repair services, no such action shall be permitted if the injury
    was caused by the negligence of persons engaged in providing ship
    building or repair services to the vessel".
      Subsec. (c). Pub. L. 98-426, Sec. 5(b), added subsec. (c).
      1972 - Pub. L. 92-576 designated existing provisions as subsec.
    (a), substituted "the chapter" for "this chapter", and added
    subsec. (b).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 4(b) of Pub. L. 98-426 effective Sept. 28,
    1984, and applicable both with respect to claims filed after Sept.
    28, 1984, and to claims pending on that date, and amendment by
    section 5(a)(1), (b) of Pub. L. 98-426 applicable with respect to
    any injury after Sept. 28, 1984, see section 28(a), (c) 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.

-End-



-CITE-
    33 USC Sec. 906                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 906. Compensation

-STATUTE-
    (a) Time for commencement
      No compensation shall be allowed for the first three days of the
    disability, except the benefits provided for in section 907 of this
    title: Provided, however, That in case the injury results in
    disability of more than fourteen days the compensation shall be
    allowed from the date of the disability.
    (b) Maximum rate of compensation
      (1) Compensation for disability or death (other than compensation
    for death required by this chapter to be paid in a lump sum) shall
    not exceed an amount equal to 200 per centum of the applicable
    national average weekly wage, as determined by the Secretary under
    paragraph (3).
      (2) Compensation for total disability shall not be less than 50
    per centum of the applicable national average weekly wage
    determined by the Secretary under paragraph (3), except that if the
    employee's average weekly wages as computed under section 910 of
    this title are less than 50 per centum of such national average
    weekly wage, he shall receive his average weekly wages as
    compensation for total disability.
      (3) As soon as practicable after June 30 of each year, and in any
    event prior to October 1 of such year, the Secretary shall
    determine the national average weekly wage for the three
    consecutive calendar quarters ending June 30. Such determination
    shall be the applicable national average weekly wage for the period
    beginning with October 1 of that year and ending with September 30
    of the next year. The initial determination under this paragraph
    shall be made as soon as practicable after October 27, 1972.
    (c) Applicability of determinations
      Determinations under subsection (b)(3) of this section with
    respect to a period shall apply to employees or survivors currently
    receiving compensation for permanent total disability or death
    benefits during such period, as well as those newly awarded
    compensation during such period.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 6, 44 Stat. 1426; June 24, 1948, ch.
    623, Sec. 1, 62 Stat. 602; July 26, 1956, ch. 735, Sec. 1, 70 Stat.
    654; Pub. L. 87-87, Sec. 1, July 14, 1961, 75 Stat. 203; Pub. L. 92-
    576, Secs. 4, 5(a), Oct. 27, 1972, 86 Stat. 1252; Pub. L. 98-426,
    Sec. 6, Sept. 28, 1984, 98 Stat. 1641.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b)(1). Pub. L. 98-426, Sec. 6(a), substituted
    provisions setting a maximum compensation for disability on death
    of 200 per centum of the applicable national average weekly wage as
    determined by the Secretary for former provisions which had set out
    a schedule of progressive percentages of 125 per centum or $167,
    whichever is greater, during the period ending September 30, 1973,
    150 per centum during the period beginning October 1, 1973, and
    ending September 30, 1974, 175 per centum during the period
    beginning October 1, 1974, and ending September 30, 1975, and 200
    per centum beginning October 1, 1975.
      Subsecs. (c), (d). Pub. L. 98-426, Sec. 6(b), redesignated
    subsec. (d) as (c) and substituted "under subsection (b)(3) of this
    section" for "under this subsection". Former subsec. (c), which had
    directed that the maximum rate of compensation for a
    nonappropriated fund instrumentality employee be equal to 66 2/3 
    per centum of the maximum rate of basic pay established for a
    Federal employee in grade GS-12 by section 5332 of title 5 and the
    minimum rate of compensation for such an employee be equal to 66
    2/3  per centum of the minimum rate of basic pay established for a
    Federal employee in grade GS-2 by such section, was struck out.
      1972 - Subsec. (a). Pub. L. 92-576, Sec. 4, substituted "fourteen
    days" for "twenty-eight days".
      Subsecs. (b) to (d). Pub. L. 92-576, Sec. 5(a) added subsecs. (b)
    to (d) and struck out former subsec. (b) compensation for
    disability provisions which prescribed a $70 per week limit, a $18
    per week minimum for total disability, and provided that if the
    employee's average weekly wages, as computed under section 910 of
    this title, were less than $18 per week he should receive as
    compensation for total disability his average weekly wages.
      1961 - Subsec. (b). Pub. L. 87-87 increased limitation on
    compensation for disability from "$54" to "$70" per week.
      1956 - Subsec. (a). Act July 26, 1956, substituted "three days"
    for "seven days" and "twenty-eight days" for "forty-nine days".
      Subsec. (b). Act July 26, 1956, substituted "$54" for "$35", and
    "$18" for "$12" in two places.
      1948 - Subsec. (b). Act June 24, 1948, increased maximum weekly
    compensation from $25 to $35 and the minimum from $9 to $12 in two
    places.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 6(a) of Pub. L. 98-426 applicable with
    respect to any death after Sept. 28, 1984, and amendment by section
    6(b) of Pub. L. 98-426 applicable with respect to any injury,
    disability, or death after Sept. 28, 1984, see section 28(d), (f)
    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.

                     EFFECTIVE DATE OF 1961 AMENDMENT                 
      Section 4 of Pub. L. 87-87 provided that: "The amendments made by
    the foregoing provisions of this Act [amending this section and
    sections 909 and 914 of this title] shall become effective as to
    injuries or death sustained on or after the date of enactment [July
    14, 1961]."

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Section 9 of act July 26, 1956, provided that: "The amendments
    made by the first section and sections 2, 4, and 5 of this Act
    [amending this section and sections 908, 909, and 914 of this
    title] shall be applicable only with respect to injuries and death
    occurring on or after the date of enactment of this Act [July 26,
    1956] notwithstanding the provisions of the Act of December 2,
    1942, as amended (42 U.S.C. sec. 1701 et seq.)."

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Section 6 of act June 24, 1948, provided that: "The provisions of
    this Act [amending this section and sections 908, 909, 910, and 914
    of this title] shall be applicable only to injuries or deaths
    occurring on or after the effective date hereof [June 24, 1948]."

-End-



-CITE-
    33 USC Sec. 907                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 907. Medical services and supplies

-STATUTE-
    (a) General requirement
      The employer shall furnish such medical, surgical, and other
    attendance or treatment, nurse and hospital service, medicine,
    crutches, and apparatus, for such period as the nature of the
    injury or the process of recovery may require.
    (b) Physician selection; administrative supervision; change of
      physicians and hospitals
      The employee shall have the right to choose an attending
    physician authorized by the Secretary to provide medical care under
    this chapter as hereinafter provided. If, due to the nature of the
    injury, the employee is unable to select his physician and the
    nature of the injury requires immediate medical treatment and care,
    the employer shall select a physician for him. The Secretary shall
    actively supervise the medical care rendered to injured employees,
    shall require periodic reports as to the medical care being
    rendered to injured employees, shall have authority to determine
    the necessity, character, and sufficiency of any medical aid
    furnished or to be furnished, and may, on his own initiative or at
    the request of the employer, order a change of physicians or
    hospitals when in his judgment such change is desirable or
    necessary in the interest of the employee or where the charges
    exceed those prevailing within the community for the same or
    similar services or exceed the provider's customary charges. Change
    of physicians at the request of employees shall be permitted in
    accordance with regulations of the Secretary.
    (c) Physicians and health care providers not authorized to render
      medical care or provide medical services
      (1)(A) The Secretary shall annually prepare a list of physicians
    and health care providers in each compensation district who are not
    authorized to render medical care or provide medical services under
    this chapter. The names of physicians and health care providers
    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) Physicians and health care providers shall be included on the
    list of those not authorized to provide medical care and medical
    services pursuant to subparagraph (A) when the Secretary determines
    under this section, in accordance with the procedures provided in
    subsection (j) of this section, that such physician or health care
    provider - 
        (i) has knowingly and willfully made, or caused to be made, any
      false statement or misrepresentation of a material fact for use
      in a claim for compensation or claim for reimbursement of medical
      expenses under this chapter;
        (ii) has knowingly and willfully submitted, or caused to be
      submitted, a bill or request for payment under this chapter
      containing a charge which the Secretary finds to be substantially
      in excess of the charge for the service, appliance, or supply
      prevailing within the community or in excess of the provider's
      customary charges, unless the Secretary finds there is good cause
      for the bill or request containing the charge;
        (iii) has knowingly and willfully furnished a service,
      appliance, or supply which is determined by the Secretary to be
      substantially in excess of the need of the recipient thereof or
      to be of a quality which substantially fails to meet
      professionally recognized standards;
        (iv) has been convicted under any criminal statute (without
      regard to pending appeal thereof) for fraudulent activities in
      connection with any Federal or State program for which payments
      are made to physicians or providers of similar services,
      appliances, or supplies; or
        (v) has otherwise been excluded from participation in such
      program.

      (C) Medical services provided by physicians or health care
    providers who are named on the list published by the Secretary
    pursuant to subparagraph (A) of this section shall not be
    reimbursable under this chapter; except that the Secretary shall
    direct the reimbursement of medical claims for services rendered by
    such physicians or health care providers in cases where the
    services were rendered in an emergency.
      (D) A determination under subparagraph (B) 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 reasonable
    assurance that the basis for the determination will not reoccur.
      (E) A provider of a service, appliance, or supply shall provide
    to the Secretary such information and certification as the
    Secretary may require to assure that this subsection is enforced.
      (2) Whenever the employer or carrier acquires knowledge of the
    employee's injury, through written notice or otherwise as
    prescribed by the chapter, the employer or carrier shall forthwith
    authorize medical treatment and care from a physician selected by
    an employee pursuant to subsection (b) of this section. An employee
    may not select a physician who is on the list required by paragraph
    (1) of this subsection. An employee may not change physicians after
    his initial choice unless the employer, carrier, or deputy
    commissioner has given prior consent for such change. Such consent
    shall be given in cases where an employee's initial choice was not
    of a specialist whose services are necessary for and appropriate to
    the proper care and treatment of the compensable injury or disease.
    In all other cases, consent may be given upon a showing of good
    cause for change.
    (d) Request of treatment or services prerequisite to recovery of
      expenses; formal report of injury and treatment; suspension of
      compensation for refusal of treatment or examination;
      justification
      (1) An employee shall not be entitled to recover any amount
    expended by him for medical or other treatment or services unless -
    
        (A) the employer shall have refused or neglected a request to
      furnish such services and the employee has complied with
      subsections (b) and (c) of this section and the applicable
      regulations; or
        (B) the nature of the injury required such treatment and
      services and the employer or his superintendent or foreman having
      knowledge of such injury shall have neglected to provide or
      authorize same.

      (2) No claim for medical or surgical treatment shall be valid and
    enforceable against such employer unless, within ten days following
    the first treatment, the physician giving such treatment furnishes
    to the employer and the deputy commissioner a report of such injury
    or treatment, on a form prescribed by the Secretary. The Secretary
    may excuse the failure to furnish such report within the ten-day
    period whenever he finds it to be in the interest of justice to do
    so.
      (3) The Secretary may, upon application by a party in interest,
    make an award for the reasonable value of such medical or surgical
    treatment so obtained by the employee.
      (4) If at any time the employee unreasonably refuses to submit to
    medical or surgical treatment, or to an examination by a physician
    selected by the employer, the Secretary or administrative law judge
    may, by order, suspend the payment of further compensation during
    such time as such refusal continues, and no compensation shall be
    paid at any time during the period of such suspension, unless the
    circumstances justified the refusal.
    (e) Physical examination; medical questions; report of physical
      impairment; review or reexamination; costs
      In the event that medical questions are raised in any case, the
    Secretary shall have the power to cause the employee to be examined
    by a physician employed or selected by the Secretary and to obtain
    from such physician a report containing his estimate of the
    employee's physical impairment and such other information as may be
    appropriate. Any party who is dissatisfied with such report may
    request a review or reexamination of the employee by one or more
    different physicians employed or selected by the Secretary. The
    Secretary shall order such review or reexamination unless he finds
    that it is clearly unwarranted. Such review or reexamination shall
    be completed within two weeks from the date ordered unless the
    Secretary finds that because of extraordinary circumstances a
    longer period is required. The Secretary shall have the power in
    his discretion to charge the cost of examination or review under
    this subsection to the employer, if he is a self-insurer, or to the
    insurance company which is carrying the risk, in appropriate cases,
    or to the special fund in section 944 of this title.
    (f) Place of examination; exclusion of physicians other than
      examining physician of Secretary; good cause for conclusions of
      other physicians respecting impairment; examination by employer's
      physician; suspension of proceedings and compensation for refusal
      of examination
      An employee shall submit to a physical examination under
    subsection (e) of this section at such place as the Secretary may
    require. The place, or places, shall be designated by the Secretary
    and shall be reasonably convenient for the employee. No physician
    selected by the employer, carrier, or employee shall be present at
    or participate in any manner in such examination, nor shall
    conclusions of such physicians as to the nature or extent of
    impairment or the cause of impairment be available to the examining
    physician unless otherwise ordered, for good cause, by the
    Secretary. Such employer or carrier shall, upon request, be
    entitled to have the employee examined immediately thereafter and
    upon the same premises by a qualified physician or physicians in
    the presence of such physician as the employee may select, if any.
    Proceedings shall be suspended and no compensation shall be payable
    for any period during which the employee may refuse to submit to
    examination.
    (g) Fees and charges for examinations, treatment, or service;
      limitation; regulations
      All fees and other charges for medical examinations, treatment,
    or service shall be limited to such charges as prevail in the
    community for such treatment, and shall be subject to regulation by
    the Secretary. The Secretary shall issue regulations limiting the
    nature and extent of medical expenses chargeable against the
    employer without authorization by the employer or the Secretary.
    (h) Third party liability
      The liability of an employer for medical treatment as herein
    provided shall not be affected by the fact that his employee was
    injured through the fault or negligence of a third party not in the
    same employ, or that suit has been brought against such third
    party. The employer shall, however, have a cause of action against
    such third party to recover any amounts paid by him for such
    medical treatment in like manner as provided in section 933(b) of
    this title.
    (i) Physicians' ineligibility for subsection (e) physical
      examinations and reviews because of workmen's compensation claim
      employment or fee acceptance or participation
      Unless the parties to the claim agree, the Secretary shall not
    employ or select any physician for the purpose of making
    examinations or reviews under subsection (e) of this section who,
    during such employment, or during the period of two years prior to
    such employment, has been employed by, or accepted or participated
    in any fee relating to a workmen's compensation claim from any
    insurance carrier or any self-insurer.
    (j) Procedure; judicial review
      (1) The Secretary shall have the authority to make rules and
    regulations and to establish procedures, not inconsistent with the
    provisions of this chapter, which are necessary or appropriate to
    carry out the provisions of subsection (c) of this section,
    including the nature and extent of the proof and evidence necessary
    for actions under this section and the methods of taking and
    furnishing such proof and evidence.
      (2) Any decision to take action with respect to a physician or
    health care provider under this section shall be based on specific
    findings of fact by the Secretary. The Secretary shall provide
    notice of these findings and an opportunity for a hearing pursuant
    to section 556 of title 5 for a provider who would be affected by a
    decision under this section. A request for a hearing must be filed
    with the Secretary within thirty days after notice of the findings
    is received by the provider making such request. If a hearing is
    held, the Secretary shall, on the basis of evidence adduced at the
    hearing, affirm, modify, or reverse the findings of fact and
    proposed action under this section.
      (3) For the purpose of any hearing, investigation, or other
    proceeding authorized or directed under this section, the
    provisions of section (!1) 49 and 50 of title 15 (relating to the
    attendance of witnesses and the production of books, papers, and
    documents) shall apply to the jurisdiction, powers, and duties of
    the Secretary or any officer designated by him.

      (4) Any physician or health care provider, after any final
    decision of the Secretary made after a hearing to which he was a
    party, irrespective of the amount in controversy, may obtain a
    review of such decision by a civil action commenced within sixty
    days after the mailing to him of notice of such decision, but the
    pendency of such review shall not operate as a stay upon the effect
    of such decision. Such action shall be brought in the court of
    appeals of the United States for the judicial circuit in which the
    plaintiff resides or has his principal place of business, or the
    Court of Appeals for the District of Columbia. As part of his
    answer, the Secretary shall file a certified copy of the transcript
    of the record of the hearing, including all evidence submitted in
    connection therewith. The findings of fact of the Secretary, if
    based on substantial evidence in the record as a whole, shall be
    conclusive.
    (k) Refusal of treatment on religious grounds
      (1) Nothing in this chapter prevents an employee whose injury or
    disability has been established under this chapter from relying in
    good faith on treatment by prayer or spiritual means alone, in
    accordance with the tenets and practice of a recognized church or
    religious denomination, by an accredited practitioner of such
    recognized church or religious denomination, and on nursing
    services rendered in accordance with such tenets and practice,
    without suffering loss or diminution of the compensation or
    benefits under this chapter. Nothing in this subsection shall be
    construed to except an employee from all physical examinations
    required by this chapter.
      (2) If an employee refuses to submit to medical or surgical
    services solely because, in adherence to the tenets and practice of
    a recognized church or religious denomination, the employee relies
    upon prayer or spiritual means alone for healing, such employee
    shall not be considered to have unreasonably refused medical or
    surgical treatment under subsection (d) of this section.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 7, 44 Stat. 1427; May 26, 1934, ch.
    354, Sec. 1, 48 Stat. 806; June 25, 1938, ch. 685, Secs. 2, 3, 52
    Stat. 1165; Pub. L. 86-757, Sept. 13, 1960, 74 Stat. 900; Pub. L.
    92-576, Sec. 6, Oct. 27, 1972, 86 Stat. 1254; Pub. L. 98-426, Sec.
    7, Sept. 28, 1984, 98 Stat. 1642.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-426, Sec. 7(a), inserted "or where
    the charges exceed those prevailing within the community for the
    same or similar services or exceed the provider's customary
    charges".
      Subsec. (c). Pub. L. 98-426, Sec. 7(b), substituted provisions
    respecting physicians and health care providers not authorized to
    render medical care or services under this chapter for former
    provision respecting physicians designated by the Secretary as
    authorized to render such care and whose names shall be available
    to employees through posting or in such other form as the Secretary
    may prescribe.
      Subsec. (d). Pub. L. 98-426, Sec. 7(c), substituted provisions
    for the recovery by the employee of amounts spent on medical
    services which the employer failed to provide; for the procedure to
    be followed for recovery; and for suspension of any payments made
    if the employee unreasonably refuses to submit to treatment or
    examination for former provisions which required a request for
    treatment or services and the filing of a physician's report for
    recovery, and permitted the Secretary to excuse a failure to file a
    report when justified and to suspend payment if the employee
    unreasonably refuses treatment or examination.
      Subsec. (j). Pub. L. 98-426, Sec. 7(d), added subsec. (j).
      Subsec. (k). Pub. L. 98-426, Sec. 7(e), added subsec. (k).
      1972 - Subsec. (a). Pub. L. 92-576 reenacted provisions without
    change.
      Subsec. (b). Pub. L. 92-576, substituted provisions for
    employee's choosing of an attending physician authorized by the
    Secretary, for prior provisions for such a choosing from a panel of
    physicians named by the employer and employer's selection of a
    physician for an employee when nature of injury requires immediate
    medical treatment and care for prior provisions for employer's
    selection of a physician from the panel; required Secretary's
    supervision of medical care rendered and periodic reports of
    medical care furnished; provided for initiative of the Secretary or
    the request of the employer for making change of hospitals or
    physicians and that the change be in the interest of the employee;
    provided for change of physicians pursuant to regulations of the
    Secretary; and deleted prior provision authorizing a second choice
    of a physician from the panel and for selection of physicians for
    specialized services.
      Subsec. (c). Pub. L. 92-576 substituted provisions respecting
    Secretary's designation of physicians in community authorized to
    render medical care and posting of their names for prior provisions
    respecting deputy commissioner's determination of size of panel of
    physicians (named by employer) following statutory criteria and
    approval of their qualifications, and requirement of posting of
    names and addresses of physicians so as to afford reasonable
    notice.
      Subsec. (d). Pub. L. 92-576 substituted the Secretary for the
    deputy commissioner as the person to exercise the various
    authorities, struck out introductory provisions respecting
    employer's failure to maintain a panel of physicians for
    examination purposes or to permit the employee to choose an
    attending physician from the panel and employee's procurement of
    treatment and services and selection of a physician at expense of
    employer, decreased from twenty to ten days the period within which
    to make the formal report of injury and treatment, and authorized
    suspension of compensation for refusal to submit to an examination
    by a physician of the employer.
      Subsec. (e). Pub. L. 92-576 substituted provisions respecting
    physical examination to determine medical questions by a physician
    employed or selected by the Secretary, such physician's report of
    the physical impairment, review or reexamination of the employee,
    and the charging of costs to an employer, who is a self-insurer, or
    the insurance company carrying the risk or the special fund for
    prior provisions respecting examination of employee by a physician
    selected by the deputy commissioner (who shall submit a report of
    the disability) whenever the deputy commissioner was of the opinion
    that the employer's physician was partial in his estimate of the
    degree of permanent disability or the extent of temporary
    disability and charging cost of examination to the employer, if he
    was a self-insurer, or to the insurance company which was carrying
    the risk when the physician's estimate was not impartial.
      Subsec. (f). Pub. L. 92-576 added subsec. (f). Former subsec. (f)
    redesignated (g).
      Subsec. (g). Pub. L. 92-576 redesignated former subsec. (f) as
    (g) and substituted "medical examinations, treatment, or service"
    for "such treatment or service", "charges as prevail in the
    community for such treatment" for "charges as prevail in the same
    community for similar treatment of injured persons of like standard
    of living", "regulation by the Secretary" for "regulation by the
    deputy commissioner", and prescribed issuance of regulations
    respecting medical expenses chargeable against employer. Former
    subsec. (g) redesignated (h).
      Subsec. (h). Pub. L. 92-576 redesignated former subsec. (g) as
    (h) and inserted "that" before "suit".
      Subsec. (i). Pub. L. 92-576 added subsec. (i).
      1960 - Subsec. (a). Pub. L. 86-757 designated first sentence as
    subsec. (a). Remainder of former subsec. (a) redesignated (d).
      Subsecs. (b), (c). Pub. L. 86-757 added subsecs. (b) and (c).
    Former subsecs. (b) and (c) redesignated (e) and (f).
      Subsec. (d). Pub. L. 86-757 redesignated all but first sentence
    of former subsec. (a) as (d), substituting "If the employer fails
    to provide the medical or other treatment, services, and supplies
    required to be furnished by subsec. (a) of this section, after
    request by the injured employee, or fails to maintain a panel of
    physicians as required by subsec. (c) of this section, or fails to
    permit the employee to choose an attending physician from such
    panel, such injured employee may procure such medical or other
    treatment, services, and supplies and select a physician to render
    treatment and services at the expense of the employer" for "If the
    employer fails to provide the same, after request by the injured
    employee, such injured employee may do so at the expense of the
    employer." Former subsec. (d) redesignated (g).
      Subsecs. (e) to (g). Pub. L. 86-757 redesignated former subsecs.
    (b) to (d) as (e) to (g), striking out "unless and until notice of
    election to sue has been given as required by section 933(a) of
    this title" and "without the giving of such notice" before and
    after "or suit has been brought against such third party" in
    subsec. (g).
      1938 - Subsec. (a). Act June 25, 1938, Sec. 2, authorized deputy
    commissioner to excuse failure to furnish prescribed medical
    report.
      Subsec. (d). Act June 25, 1938, Sec. 3, added subsec. (d).
      1934 - Subsec. (a). Act May 26, 1934, authorized deputy
    commissioner to suspend payment of compensation for refusal,
    without justification, to submit to medical or surgical treatment.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 7(a), (e) of Pub. L. 98-426 effective 90
    days after Sept. 28, 1984, and applicable both with respect to
    claims filed after such 90th day and to claims pending on such 90th
    day, and amendment by section 7(b)-(d) of Pub. L. 98-426 effective
    90 days after Sept. 28, 1984, see section 28(b), (e)(2) 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.

                CLAIMS FILED UNDER BLACK LUNG BENEFITS ACT            
      Section 28(h)(1) of Pub. L. 98-426 provided that: "The amendments
    made by section 7 of this Act [amending this section] shall not
    apply to claims filed under the Black Lung Benefits Act (30 U.S.C.
    901 et seq.)."

-FOOTNOTE-
    (!1) So in original. Probably should be "sections".


-End-



-CITE-
    33 USC Sec. 908                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 908. Compensation for disability

-STATUTE-
      Compensation for disability shall be paid to the employee as
    follows:
      (a) Permanent total disability: In case of total disability
    adjudged to be permanent 66 2/3  per centum of the average weekly
    wages shall be paid to the employee during the continuance of such
    total disability. Loss of both hands, or both arms, or both feet,
    or both legs, or both eyes, or of any two thereof shall, in the
    absence of conclusive proof to the contrary, constitute permanent
    total disability. In all other cases permanent total disability
    shall be determined in accordance with the facts.
      (b) Temporary total disability: In case of disability total in
    character but temporary in quality 66 2/3  per centum of the
    average weekly wages shall be paid to the employee during the
    continuance thereof.
      (c) Permanent partial disability: In case of disability partial
    in character but permanent in quality the compensation shall be 66
    2/3  per centum of the average weekly wages, which shall be in
    addition to compensation for temporary total disability or
    temporary partial disability paid in accordance with subsection (b)
    or subsection (e) of this section, respectively, and shall be paid
    to the employee, as follows:
        (1) Arm lost, three hundred and twelve weeks' compensation.
        (2) Leg lost, two hundred and eighty-eight weeks' compensation.
        (3) Hand lost, two hundred and forty-four weeks' compensation.
        (4) Foot lost, two hundred and five weeks' compensation.
        (5) Eye lost, one hundred and sixty weeks' compensation.
        (6) Thumb lost, seventy-five weeks' compensation.
        (7) First finger lost, forty-six weeks' compensation.
        (8) Great toe lost, thirty-eight weeks' compensation.
        (9) Second finger lost, thirty weeks' compensation.
        (10) Third finger lost, twenty-five weeks' compensation.
        (11) Toe other than great toe lost, sixteen weeks'
      compensation.
        (12) Fourth finger lost, fifteen weeks' compensation.
        (13) Loss of hearing:
          (A) Compensation for loss of hearing in one ear, fifty-two
        weeks.
          (B) Compensation for loss of hearing in both ears, two-
        hundred weeks.
          (C) An audiogram shall be presumptive evidence of the amount
        of hearing loss sustained as of the date thereof, only if (i)
        such audiogram was administered by a licensed or certified
        audiologist or a physician who is certified in otolaryngology,
        (ii) such audiogram, with the report thereon, was provided to
        the employee at the time it was administered, and (iii) no
        contrary audiogram made at that time is produced.
          (D) The time for filing a notice of injury, under section 912
        of this title, or a claim for compensation, under section 913
        of this title, shall not begin to run in connection with any
        claim for loss of hearing under this section, until the
        employee has received an audiogram, with the accompanying
        report thereon, which indicates that the employee has suffered
        a loss of hearing.
          (E) Determinations of loss of hearing shall be made in
        accordance with the guides for the evaluation of permanent
        impairment as promulgated and modified from time to time by the
        American Medical Association.

        (14) Phalanges: Compensation for loss of more than one phalange
      of a digit shall be the same as for loss of the entire digit.
      Compensation for loss of the first phalange shall be one-half of
      the compensation for loss of the entire digit.
        (15) Amputated arm or leg: Compensation for an arm or a leg, if
      amputated at or above the elbow or the knee, shall be the same as
      for a loss of the arm or leg; but, if amputated between the elbow
      and the wrist or the knee and the ankle, shall be the same as for
      loss of a hand or foot.
        (16) Binocular vision or per centum of vision: Compensation for
      loss of binocular vision or for 80 per centum or more of the
      vision of an eye shall be the same as for loss of the eye.
        (17) Two or more digits: Compensation for loss of two or more
      digits, or one or more phalanges of two or more digits, of a hand
      or foot may be proportioned to the loss of use of the hand or
      foot occasioned thereby, but shall not exceed the compensation
      for loss of a hand or foot.
        (18) Total loss of use: Compensation for permanent total loss
      of use of a member shall be the same as for loss of the member.
        (19) Partial loss or partial loss of use: Compensation for
      permanent partial loss or loss of use of a member may be for
      proportionate loss or loss of use of the member.
        (20) Disfigurement: Proper and equitable compensation not to
      exceed $7,500 shall be awarded for serious disfigurement of the
      face, head, or neck or of other normally exposed areas likely to
      handicap the employee in securing or maintaining employment.
        (21) Other cases: In all other cases in the class of
      disability, the compensation shall be 66 2/3  per centum of the
      difference between the average weekly wages of the employee and
      the employee's wage-earning capacity thereafter in the same
      employment or otherwise, payable during the continuance of
      partial disability.
        (22) In any case in which there shall be a loss of, or loss of
      use of, more than one member or parts of more than one member set
      forth in paragraphs (1) to (19) of this subsection, not amounting
      to permanent total disability, the award of compensation shall be
      for the loss of, or loss of use of, each such member or part
      thereof, which awards shall run consecutively, except that where
      the injury affects only two or more digits of the same hand or
      foot, paragraph (17) of this subsection shall apply.
        (23) Notwithstanding paragraphs (1) through (22), with respect
      to a claim for permanent partial disability for which the average
      weekly wages are determined under section 910(d)(2) of this
      title, the compensation shall be 66 2/3  per centum of such
      average weekly wages multiplied by the percentage of permanent
      impairment, as determined under the guides referred to in section
      902(10) of this title, payable during the continuance of such
      impairment.

      (d)(1) If an employee who is receiving compensation for permanent
    partial disability pursuant to subsection (c)(1)-(20) of this
    section dies from causes other than the injury, the total amount of
    the award unpaid at the time of death shall be payable to or for
    the benefit of his survivors, as follows:
        (A) if the employee is survived only by a widow or widower,
      such unpaid amount of the award shall be payable to such widow or
      widower,
        (B) if the employee is survived only by a child or children,
      such unpaid amount of the award shall be paid to such child or
      children in equal shares,
        (C) if the employee is survived by a widow or widower and a
      child or children, such unpaid amount of the award shall be
      payable to such survivors in equal shares,
        (D) if there be no widow or widower and no surviving child or
      children, such unpaid amount of the award shall be paid to the
      survivors specified in section 909(d) of this title (other than a
      wife, husband, or child); and the amount to be paid each such
      survivor shall be determined by multiplying such unpaid amount of
      the award by the appropriate percentage specified in section
      909(d) of this title, but if the aggregate amount to which all
      such survivors are entitled, as so determined, is less than such
      unpaid amount of the award, the excess amount shall be divided
      among such survivors pro rata according to the amount otherwise
      payable to each under this subparagraph.

      (2) Notwithstanding any other limitation in section 909 of this
    title, the total amount of any award for permanent partial
    disability pursuant to subsection (c)(1)-(20) of this section
    unpaid at time of death shall be payable in full in the appropriate
    distribution.
      (3) An award for disability may be made after the death of the
    injured employee. Except where compensation is payable under
    subsection (c)(21) of this section if there be no survivors as
    prescribed in this section, then the compensation payable under
    this subsection shall be paid to the special fund established under
    section 944(a) of this title.
      (e) Temporary partial disability: In case of temporary partial
    disability resulting in decrease of earning capacity the
    compensation shall be two-thirds of the difference between the
    injured employee's average weekly wages before the injury and his
    wage-earning capacity after the injury in the same or another
    employment, to be paid during the continuance of such disability,
    but shall not be paid for a period exceeding five years.
      (f) Injury increasing disability:
        (1) In any case in which an employee having an existing
      permanent partial disability suffers injury, the employer shall
      provide compensation for such disability as is found to be
      attributable to that injury based upon the average weekly wages
      of the employee at the time of the injury. If following an injury
      falling within the provisions of subsection (c)(1)-(20) of this
      section, the employee is totally and permanently disabled, and
      the disability is found not to be due solely to that injury, the
      employer shall provide compensation for the applicable prescribed
      period of weeks provided for in that section for the subsequent
      injury, or for one hundred and four weeks, whichever is the
      greater, except that, in the case of an injury falling within the
      provisions of subsection (c)(13) of this section, the employer
      shall provide compensation for the lesser of such periods. In all
      other cases of total permanent disability or of death, found not
      to be due solely to that injury, of an employee having an
      existing permanent partial disability, the employer shall provide
      in addition to compensation under subsections (b) and (e) of this
      section, compensation payments or death benefits for one hundred
      and four weeks only. If following an injury falling within the
      provisions of subsection (c)(1)-(20) of this section, the
      employee has a permanent partial disability and the disability is
      found not to be due solely to that injury, and such disability is
      materially and substantially greater than that which would have
      resulted from the subsequent injury alone, the employer shall
      provide compensation for the applicable period of weeks provided
      for in that section for the subsequent injury, or for one hundred
      and four weeks, whichever is the greater, except that, in the
      case of an injury falling within the provisions of subsection
      (c)(13) of this section, the employer shall provide compensation
      for the lesser of such periods.
        In all other cases in which the employee has a permanent
      partial disability, found not to be due solely to that injury,
      and such disability is materially and substantially greater than
      that which would have resulted from the subsequent injury alone,
      the employer shall provide in addition to compensation under
      subsections (b) and (e) of this section, compensation for one
      hundred and four weeks only.
        (2)(A) After cessation of the payments for the period of weeks
      provided for herein, the employee or his survivor entitled to
      benefits shall be paid the remainder of the compensation that
      would be due out of the special fund established in section 944
      of this title, except that the special fund shall not assume
      responsibility with respect to such benefits (and such payments
      shall not be subject to cessation) in the case of any employer
      who fails to comply with section 932(a) of this title.
        (B) After cessation of payments for the period of weeks
      provided for in this subsection, the employer or carrier
      responsible for payment of compensation shall remain a party to
      the claim, retain access to all records relating to the claim,
      and in all other respects retain all rights granted under this
      chapter prior to cessation of such payments.
        (3) Any request, filed after September 28, 1984, for
      apportionment of liability to the special fund established under
      section 944 of this title for the payment of compensation
      benefits, and a statement of the grounds therefore, shall be
      presented to the deputy commissioner prior to the consideration
      of the claim by the deputy commissioner. Failure to present such
      request prior to such consideration shall be an absolute defense
      to the special fund's liability for the payment of any benefits
      in connection with such claim, unless the employer could not have
      reasonably anticipated the liability of the special fund prior to
      the issuance of a compensation order.

      (g) Maintenance for employees undergoing vocational
    rehabilitation: An employee who as a result of injury is or may be
    expected to be totally or partially incapacitated for a
    remunerative occupation and who, under the direction of the
    Secretary as provided by section 939(c) of this title, is being
    rendered fit to engage in a remunerative occupation, shall receive
    additional compensation necessary for his maintenance, but such
    additional compensation shall not exceed $25 a week. The expense
    shall be paid out of the special fund established in section 944 of
    this title.
      (h) The wage-earning capacity of an injured employee in cases of
    partial disability under subsection (c)(21) of this section or
    under subsection (e) of this section shall be determined by his
    actual earnings if such actual earnings fairly and reasonably
    represent his wage-earning capacity: Provided, however, That if the
    employee has no actual earnings or his actual earnings do not
    fairly and reasonably represent his wage-earning capacity, the
    deputy commissioner may, in the interest of justice, fix such wage-
    earning capacity as shall be reasonable, having due regard to the
    nature of his injury, the degree of physical impairment, his usual
    employment, and any other factors or circumstances in the case
    which may affect his capacity to earn wages in his disabled
    condition, including the effect of disability as it may naturally
    extend into the future.
      (i)(1) Whenever the parties to any claim for compensation under
    this chapter, including survivors benefits, agree to a settlement,
    the deputy commissioner or administrative law judge shall approve
    the settlement within thirty days unless it is found to be
    inadequate or procured by duress. Such settlement may include
    future medical benefits if the parties so agree. No liability of
    any employer, carrier, or both for medical, disability, or death
    benefits shall be discharged unless the application for settlement
    is approved by the deputy commissioner or administrative law judge.
    If the parties to the settlement are represented by counsel, then
    agreements shall be deemed approved unless specifically disapproved
    within thirty days after submission for approval.
      (2) If the deputy commissioner disapproves an application for
    settlement under paragraph (1), the deputy commissioner shall issue
    a written statement within thirty days containing the reasons for
    disapproval. Any party to the settlement may request a hearing
    before an administrative law judge in the manner prescribed by this
    chapter. Following such hearing, the administrative law judge shall
    enter an order approving or rejecting the settlement.
      (3) A settlement approved under this section shall discharge the
    liability of the employer or carrier, or both. Settlements may be
    agreed upon at any stage of the proceeding including after entry of
    a final compensation order.
      (4) The special fund shall not be liable for reimbursement of any
    sums paid or payable to an employee or any beneficiary under such
    settlement, or otherwise voluntarily paid prior to such settlement
    by the employer or carrier, or both.
      (j)(1) The employer may inform a disabled employee of his
    obligation to report to the employer not less than semiannually any
    earnings from employment or self-employment, on such forms as the
    Secretary shall specify in regulations.
      (2) An employee who - 
        (A) fails to report the employee's earnings under paragraph (1)
      when requested, or
        (B) knowingly and willfully omits or understates any part of
      such earnings,

    and who is determined by the deputy commissioner to have violated
    clause (A) or (B) of this paragraph, forfeits his right to
    compensation with respect to any period during which the employee
    was required to file such report.
      (3) Compensation forfeited under this subsection, if already
    paid, shall be recovered by a deduction from the compensation
    payable to the employee in any amount and on such schedule as
    determined by the deputy commissioner.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 8, 44 Stat. 1427; May 26, 1934, ch.
    354, Secs. 2, 3, 48 Stat. 806; June 25, 1938, ch. 685, Secs. 4, 5,
    52 Stat. 1165; June 24, 1948, ch. 623, Sec. 2, 62 Stat. 602; July
    26, 1956, ch. 735, Secs. 2, 3, 70 Stat. 655; Pub. L. 92-576, Secs.
    5(c), 7, 9, 20(a), Oct. 27, 1972, 86 Stat. 1253, 1255, 1257, 1264;
    Pub. L. 98-426, Secs. 8, 27(a)(2), Sept. 28, 1984, 98 Stat. 1644,
    1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (c)(13). Pub. L. 98-426, Sec. 8(a), redesignated
    compensation for loss of hearing in one ear as subpar. (A) and for
    loss in both ears as subpar. (B) and added subpars. (C), (D), and
    (E) respecting establishing proof of hearing loss.
      Subsec. (c)(20). Pub. L. 98-426, Sec. 8(b), substituted "$7,500"
    for "$3,500".
      Subsec. (c)(21). Pub. L. 98-426, Sec. 8(c)(1), substituted "the
    average weekly wages of the employee and the employee's" for "his
    average weekly wages and his"; and struck out ", but subject to
    reconsideration of the degree of such impairment by the deputy
    commissioner on his own motion or upon application of any party in
    interest".
      Subsec. (c)(23). Pub. L. 98-426, Sec. 8(c)(2), added par. (23).
      Subsec. (d)(3), (4). Pub. L. 98-426, Sec. 8(d), redesignated par.
    (4) as par. (3). Former par. (3), which provided that if an
    employee who was receiving compensation for permanent partial
    disability pursuant to subsection (c)(21) of this section died from
    causes other than the injury, his survivors would receive death
    benefits as provided in section 909(b)-(g) of this title, except
    that the percentage figures therein would be applied to the weekly
    compensation payable to the employee at the time of his death
    multiplied by 1.5, rather than to his average weekly wages, was
    struck out.
      Subsec. (f)(1). Pub. L. 98-426, Sec. 8(e)(1), inserted at end of
    second and fourth sentences ", except that, in the case of an
    injury falling within the provisions of section 908(c)(3) of this
    title, the employer shall provide compensation for the lesser of
    such periods".
      Subsec. (f)(2)(A). Pub. L. 98-426, Sec. 8(e)(2), designated
    existing provisions of par. (2) as subpar. (A).
      Pub. L. 98-426, Sec. 8(e)(3), inserted ", except that the special
    fund shall not assume responsibility with respect to such benefits
    (and such payments shall not be subject to cessation) in the case
    of any employer who fails to comply with section 932(a) of this
    title".
      Subsec. (f)(2)(B). Pub. L. 98-426, Sec. 8(e)(4), added subpar.
    (B).
      Subsec. (f)(3). Pub. L. 98-426, Sec. 8(e)(5), added par. (3).
      Subsec. (g). Pub. L. 98-426, Sec. 27(a)(2), substituted
    "Secretary" for "commission". See Transfer of Functions note set
    out under section 902 of this title.
      Subsec. (i)(1) to (3). Pub. L. 98-426, Sec. 8(f), substituted
    pars. (1) to (3) respecting procedures for approval of a settlement
    by the deputy commissioner or administrative law judge for former
    pars. (A) and (B) respecting settlements approved by the deputy
    commissioner or Secretary.
      Subsec. (i)(4). Pub. L. 98-426, Sec. 8(g), added par. (4).
      Subsec. (j). Pub. L. 98-426, Sec. 8(h), added subsec. (j).
      1972 - Subsec. (c)(20). Pub. L. 92-576, Sec. 7, included
    compensation for serious disfigurement of the neck and other
    normally exposed areas likely to handicap the employee in securing
    or maintaining employment.
      Subsec. (d). Pub. L. 92-576, Sec. 5(c), in revising provisions
    substituted par. (1), subpars. (A) to (D) and pars. (2) to (4) for
    former provisions having an introductory par. and pars. (1) to (5),
    making the following changes:
        Par. (1) incorporated former introductory par. providing for
      payments to survivors rather than for payments "for the benefit
      of the persons after"; subpar. (A) incorporated former par. (1)
      providing for a widower rather than dependent husband;
        Subpar. (B) incorporated former par. (4), striking out
      reference to children under eighteen years, and providing for
      payment in equal shares;
        Subpar. (C) incorporated former par. (2) for payment in equal
      shares rather than one half to surviving wife or dependent
      husband and one half to surviving child or children, substituting
      reference to "widow or widower" for "surviving wife or dependent
      husband", and striking out reference to "surviving" before "child
      or children";
        Subpar. (D) added;
        Pars. (2) and (3) added and former par. (3) struck out, such
      par. making it discretionary with the deputy commissioner to
      appoint a guardian for receipt of minor child's compensation; and
        Par. (4) incorporated former par. (5), inserting provision for
      payment of compensation to the special fund except where payable
      under subsec. (c)(21) of this section.
      Subsec. (f)(1). Pub. L. 92-576, Sec. 9(a) added par. (1) and
    struck out former par. (1) which provided that if an employee
    received an injury which of itself would only cause permanent
    partial disability but which, combined with a previous disability
    did in fact cause permanent total disability, the employer should
    provide compensation only for the disability caused by the
    subsequent injury, and proviso of such former par. (1) providing
    that in addition to compensation for the permanent partial
    disability, and after the cessation of the payments for the
    prescribed period of weeks, the employee should be paid the
    remainder of the compensation that would be due for permanent total
    disability and provision that additional compensation should be
    paid out of the special fund established in section 944 of this
    title. See par. (2) of this subsection.
      Subsec. (f)(2). Pub. L. 92-576, Sec. 9, incorporated proviso of
    first sentence and second sentence of former par. (1) in provisions
    designated as par. (2) and struck out former par. (2) which stated
    that in all other cases in which, following a previous disability,
    an employee received an injury which was not covered by former par.
    (1), the employer should provide compensation only for the
    disability caused by the subsequent injury, and in determining
    compensation for the subsequent injury or for death resulting
    therefrom, the average weekly wages should be such sum as would
    reasonably represent the earning capacity of the employee at the
    time of the subsequent injury. See par. (1) of this subsection.
      Subsec. (i). Pub. L. 92-576, Sec. 20(a), designated existing
    provisions as subpar. (A), substituted "Whenever" for "In cases
    under subsection (c)(21) and subsection (e) of this section,
    whenever", "he may approve" for "he may, with the approval of the
    Secretary, approve", and "deputy commissioner" for "Secretary", and
    struck out after "Provided," where first appearing "That the sum so
    agreed upon shall be payable in installments as provided in section
    914(b) of this title, which installments shall be subject to
    commutation under section 914(j) of this title; And provided
    further," and added subpar. (B).
      1956 - Subsec. (c). Act July 26, 1956, Sec. 2, increased periods
    in schedule of compensation as follows:
        Par. (1) Arm lost, increased from two hundred and eighty to
      three hundred and twelve weeks' compensation.
        Par. (2) Leg lost, increased from two hundred and forty-eight
      to two hundred and eighty-eight weeks' compensation.
        Par. (3) Hand lost, increased from two hundred and twelve to
      two hundred and forty-four weeks' compensation.
        Par. (4) Foot lost, increased from one hundred and seventy-
      three weeks to two hundred and five weeks' compensation.
        Par. (5) Eye lost, increased from one hundred and forty to one
      hundred and sixty weeks' compensation.
        Par. (6) Thumb lost, increased from fifty-one to seventy-five
      weeks' compensation.
        Par. (7) First finger lost, increased from twenty-eight to
      forty-six weeks' compensation.
        Par. (8) Great toe lost, increased from twenty-six to thirty-
      eight weeks' compensation.
        Par. (9) Second finger lost, increased from eighteen to thirty
      weeks' compensation.
        Par. (10) Third finger lost, increased from seventeen to twenty-
      five weeks' compensation.
        Par. (11) Toe other than great toe lost, increased from eight
      to sixteen weeks' compensation.
        Par. (12) Fourth finger lost, increased from seven to fifteen
      weeks' compensation.
      Subsec. (g). Act July 26, 1956, Sec. 3, substituted "$25" for
    "$10".
      1948 - Subsec. (c). Act June 24, 1948, inserted in opening par.
    "or temporary partial disability", "or subsection (e)", and
    "respectively".
      1938 - Subsec. (c). Act June 25, 1938, Sec. 4, in par. (22),
    inserted exception clause.
      Subsecs. (h), (i). Act June 25, 1938, Sec. 5 added subsecs. (h)
    and (i).
      1934 - Subsec. (c). Act May 26, 1934, Sec. 2, inserted in opening
    par. "which shall be in addition to compensation for temporary
    total disability paid in accordance with subsection (b) of this
    section" and decreased periods in schedule of compensation of pars.
    (1) to (12).
      Subsec. (c). Act May 26, 1934, Sec. 3, substituted new par. (22),
    providing that "In any case in which there shall be a loss of, or
    loss of use of, more than one member or parts of more than one
    member set forth in paragraphs (1) to (19) of this subdivision, not
    amounting to permanent total disability, the award of compensation
    shall be for the loss of, or loss of use of, each such member or
    part thereof, which awards shall run consecutively.", for former
    provisions, providing that "In case of temporary total disability
    and permanent partial disability, both resulting from the same
    injury, if the temporary total disability continues for a longer
    period than the number of weeks set forth in the following
    schedule, the period of temporary total disability in excess of
    such number of weeks shall be added to the compensation period
    provided in this subdivision: Arm, thirty-two weeks; leg, forty
    weeks; hand, thirty-two weeks; foot, thirty-two weeks; eye, twenty
    weeks; thumb, twenty-four weeks; first finger, eighteen weeks;
    great toe, twelve weeks; second finger, twelve weeks; third finger,
    eight weeks; fourth finger, eight weeks; toe other than great toe,
    eight weeks.
      "In any case resulting in loss or partial loss of arm, leg, hand,
    foot, eye, thumb, finger, or toe, where the temporary total
    disability does not extend beyond the periods above mentioned for
    such injury, compensation shall be limited to the schedule
    contained in this subdivision."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 8(a), (c)(2), (e)(1), (2) of 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,
    amendment by section 8(b) of Pub. L. 98-426 applicable with respect
    to any injury after Sept. 28, 1984, amendment by sections 8(c)(1),
    (e)(4), (5), (g), and 27(a)(2) of Pub. L. 98-426 effective Sept.
    28, 1984, amendment by section 8(d) of Pub. L. 98-426 applicable
    with respect to any death after Sept. 28, 1984, amendment by
    section 8(f) of Pub. L. 98-426 effective 90 days after Sept. 28,
    1984, and applicable both with respect to claims filed after such
    90th day and to claims pending on such 90th day, and amendment by
    section 8(h) of Pub. L. 98-426 effective 90 days after Sept. 28,
    1984, see section 28(a)-(e) 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.

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Amendment by act July 26, 1956, applicable only with respect to
    injuries and death occurring on or after July 26, 1956, see section
    9 of act July 26, 1956, set out as a note under section 906 of this
    title.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act June 24, 1948, applicable to death or injuries
    occurring after June 24, 1948, see section 6 of act June 24, 1948,
    set out as a note under section 906 of this title.

-End-



-CITE-
    33 USC Sec. 909                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 909. Compensation for death

-STATUTE-
      If the injury causes death, the compensation therefore shall be
    known as a death benefit and shall be payable in the amount and to
    or for the benefit of the persons following:
      (a) Reasonable funeral expenses not exceeding $3,000.
      (b) If there be a widow or widower and no child of the deceased,
    to such widow or widower 50 per centum of the average wages of the
    deceased, during widowhood, or dependent widowerhood, with two
    years' compensation in one sum upon remarriage; and if there be a
    surviving child or children of the deceased, the additional amount
    of 16 2/3  per centum of such wages for each such child; in case of
    the death or remarriage of such widow or widower, if there be one
    surviving child of the deceased employee, such child shall have his
    compensation increased to 50 per centum of such wages, and if there
    be more than one surviving child of the deceased employee, to such
    children, in equal parts, 50 per centum of such wages increased by
    16 2/3  per centum of such wages for each child in excess of one:
    Provided, That the total amount payable shall in no case exceed 66
    2/3  per centum of such wages. The deputy commissioner having
    jurisdiction over the claim may, in his discretion, require the
    appointment of a guardian for the purpose of receiving the
    compensation of a minor child. In the absence of such a requirement
    the appointment of a guardian for such purposes shall not be
    necessary.
      (c) If there be one surviving child of the deceased, but no widow
    or widower, then for the support of such child 50 per centum of the
    wages of the deceased; and if there be more than one surviving
    child of the deceased, but no widow or dependent husband, then for
    the support of such children, in equal parts 50 per centum of such
    wages increased by 16 2/3  per centum of such wages for each child
    in excess of one: Provided, That the total amount payable shall in
    no case exceed 66 2/3  per centum of such wages.
      (d) If there be no surviving wife or husband or child, or if the
    amount payable to a surviving wife or husband and to children shall
    be less in the aggregate than 66 2/3  per centum of the average
    wages of the deceased; then for the support of grandchildren or
    brothers and sisters, if dependent upon the deceased at the time of
    the injury, and any other persons who satisfy the definition of the
    term "dependent" in section 152 of title 26, but are not otherwise
    eligible under this section, 20 per centum of such wages for the
    support of each such person during such dependency and for the
    support of each parent, or grandparent, of the deceased if
    dependent upon him at the time of the injury, 25 per centum of such
    wages during such dependency. But in no case shall the aggregate
    amount payable under this subsection exceed the difference between
    66 2/3  per centum of such wages and the amount payable as
    hereinbefore provided to widow or widower and for the support of
    surviving child or children.
      (e) In computing death benefits, the average weekly wages of the
    deceased shall not be less than the national average weekly wage as
    prescribed in section 906(b) of this title, but - 
        (1) the total weekly benefits shall not exceed the lesser of
      the average weekly wages of the deceased or the benefit which the
      deceased employee would have been eligible to receive under
      section 906(b)(1) of this title; and
        (2) in the case of a claim based on death due to an
      occupational disease for which the time of injury (as determined
      under section 910(i) of this title) occurs after the employee has
      retired, the total weekly benefits shall not exceed one fifty-
      second part of the employee's average annual earnings during the
      52-week period preceding retirement.

      (f) All questions of dependency shall be determined as of the
    time of the injury.
      (g) Aliens: Compensation under this chapter to aliens not
    residents (or about to become nonresidents) of the United States or
    Canada shall be the same in amount as provided for residents,
    except that dependents in any foreign country shall be limited to
    surviving wife and child or children, or if there be no surviving
    wife or child or children, to surviving father or mother whom the
    employee has supported, either wholly or in part, for the period of
    one year prior to the date of the injury, and except that the
    Secretary may, at his option or upon the application of the
    insurance carrier shall, commute all future installments of
    compensation to be paid to such aliens by paying or causing to be
    paid to them one-half of the commuted amount of such future
    installments of compensation as determined by the Secretary.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 9, 44 Stat. 1429; June 25, 1938, ch.
    685, Sec. 6, 52 Stat. 1166; June 24, 1948, ch. 623, Sec. 3, 62
    Stat. 602; July 26, 1956, ch. 735, Sec. 4, 70 Stat. 655; Pub. L. 87-
    87, Sec. 2, July 14, 1961, 75 Stat. 203; Pub. L. 92-576, Secs.
    5(d), 10, 20(c)(2), Oct. 27, 1972, 86 Stat. 1253, 1257, 1265; Pub.
    L. 98-426, Secs. 9, 27(a)(2), Sept. 28, 1984, 98 Stat. 1647, 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426, Sec. 9(a), amended generally provision
    preceding subsec. (a), striking out "or if the employee who
    sustains permanent total disability due to the injury thereafter
    dies from causes other than the injury," after "injury causes
    death".
      Subsec. (a). Pub. L. 98-426, Sec. 9(b), substituted "$3,000" for
    "$1,000".
      Subsec. (e). Pub. L. 98-426, Sec. 9(c), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "In
    computing death benefits the average weekly wages of the deceased
    shall be considered to have been not less than the applicable
    national average weekly wage as prescribed in section 906(b) of
    this title but the total weekly benefits shall not exceed the
    average weekly wages of the deceased".
      Subsec. (g). Pub. L. 98-426, Sec. 27(a)(2), substituted
    "Secretary" for "commission". See Transfer of Functions note set
    out under section 902 of this title.
      1972 - Pub. L. 92-576, Sec. 5(d), added to introductory provision
    that the compensation shall be known as a death benefit if the
    employee who sustains permanent total disability due to the injury
    thereafter dies from causes other than the injury.
      Subsec. (a). Pub. L. 92-576, Sec. 10(a), substituted "$1,000" for
    "$400".
      Subsec. (b). Pub. L. 92-576, Secs. 10(b), 20(c)(2), substituted
    "50" for "35" per centum in three places and "16 2/3 " for "15" per
    centum in two places and "widow or widower" for "surviving wife or
    dependent husband" in three places.
      Subsec. (c). Pub. L. 92-576, Secs. 10(b), 20(c)(2), substituted
    "50" for "35" per centum in two places and "16 2/3 " for "15" per
    centum and "widow or widower" for "surviving wife or dependent
    husband".
      Subsec. (d). Pub. L. 92-576, Secs. 10(c), 20(c)(2), in first
    sentence, substituted "husband or child," and "husband" for
    "dependent husband or child" and "dependent husband" and "20" for
    "15" per centum, and inserted "and any other persons who satisfy
    the definition of the term 'dependent' in section 152 of title 26,
    but are not otherwise eligible under this section" after "time of
    the injury," and "during such dependency" after "support of each
    such person", and in second sentence, substituted "widow or
    widower" for "surviving wife or dependent husband", respectively.
      Subsec. (e). Pub. L. 92-576, Sec. 10(d), substituted "less than
    the applicable national average weekly wage as prescribed in
    section 906(b) of this title but the total weekly benefits shall
    not exceed the average weekly wages of the deceased" for "more than
    $105 nor less than $27 but the total weekly compensation shall not
    exceed the weekly wages of the deceased".
      1961 - Subsec. (e). Pub. L. 87-87 increased the maximum
    limitation with respect to average weekly wages from "$81" to
    "$105" in the computation of death benefits.
      1956 - Subsec. (e). Act July 26, 1956, substituted "$81" for
    "$52.50" and "$27" for "$18".
      1948 - Subsec. (a). Act June 24, 1948, increased funeral expenses
    from $200 to $400.
      Subsec. (b). Act June 24, 1948, increased benefits to children of
    deceased workmen from 10 percent to 15 percent.
      Subsec. (c). Act June 24, 1948, increased death benefits of
    orphaned children from 15 percent to 35 percent.
      Subsec. (e). Act June 24, 1948, correlated basis for computing
    death benefits with basis for computing disability benefits under
    section 906(b) of this title.
      1938 - Subsecs. (b) to (d). Act June 25, 1938, struck out
    references to children as being under eighteen years of age.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 9 of Pub. L. 98-426 applicable with respect
    to any death after Sept. 28, 1984, and amendment by section
    27(a)(2) of Pub. L. 98-426 effective Sept. 28, 1984, see section
    28(d), (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 section 20(c)(2) of Pub. L. 92-576 applicable only
    with respect to deaths or injuries occurring after Oct. 27, 1972,
    see section 20(c)(3) of Pub. L. 92-576, set out as a note under
    section 902 of this title.
      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.

                     EFFECTIVE DATE OF 1961 AMENDMENT                 
      Amendment by Pub. L. 87-87 effective as to death sustained on or
    after July 14, 1961, see section 4 of Pub. L. 87-87, set out as a
    note under section 906 of this title.

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Amendment by act July 26, 1956, applicable only with respect to
    injuries and death occurring on or after July 26, 1956, see section
    9 of act July 26, 1956, set out as a note under section 906 of this
    title.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act June 24, 1948, applicable to death or injuries
    occurring after June 24, 1948, see section 6 of act June 24, 1948,
    set out as a note under section 906 of this title.

-End-



-CITE-
    33 USC Sec. 910                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 910. Determination of pay

-STATUTE-
      Except as otherwise provided in this chapter, the average weekly
    wage of the injured employee at the time of the injury shall be
    taken as the basis upon which to compute compensation and shall be
    determined as follows:
      (a) If the injured employee shall have worked in the employment
    in which he was working at the time of the injury, whether for the
    same or another employer, during substantially the whole of the
    year immediately preceding his injury, his average annual earnings
    shall consist of three hundred times the average daily wage or
    salary for a six-day worker and two hundred and sixty times the
    average daily wage or salary for a five-day worker, which he shall
    have earned in such employment during the days when so employed.
      (b) If the injured employee shall not have worked in such
    employment during substantially the whole of such year, his average
    annual earnings, if a six-day worker, shall consist of three
    hundred times the average daily wage or salary, and, if a five-day
    worker, two hundred and sixty times the average daily wage or
    salary, which an employee of the same class working substantially
    the whole of such immediately preceding year in the same or in
    similar employment in the same or a neighboring place shall have
    earned in such employment during the days when so employed.
      (c) If either of the foregoing methods of arriving at the average
    annual earnings of the injured employee cannot reasonably and
    fairly be applied, such average annual earnings shall be such sum
    as, having regard to the previous earnings of the injured employee
    in the employment in which he was working at the time of the
    injury, and of other employees of the same or most similar class
    working in the same or most similar employment in the same or
    neighboring locality, or other employment of such employee,
    including the reasonable value of the services of the employee if
    engaged in self-employment, shall reasonably represent the annual
    earning capacity of the injured employee.
      (d)(1) The average weekly wages of an employee shall be one fifty-
    second part of his average annual earnings.
      (2) Notwithstanding paragraph (1), with respect to any claim
    based on a death or disability due to an occupational disease for
    which the time of injury (as determined under subsection (i) of
    this section) occurs - 
        (A) within the first year after the employee has retired, the
      average weekly wages shall be one fifty-second part of his
      average annual earnings during the 52-week period preceding
      retirement; or
        (B) more than one year after the employee has retired, the
      average weekly wage shall be deemed to be the national average
      weekly wage (as determined by the Secretary pursuant to section
      906(b) of this title) applicable at the time of the injury.

      (e) If it be established that the injured employee was a minor
    when injured, and that under normal conditions his wages should be
    expected to increase during the period of disability the fact may
    be considered in arriving at his average weekly wages.
      (f) Effective October 1 of each year, the compensation or death
    benefits payable for permanent total disability or death arising
    out of injuries subject to this chapter shall be increased by the
    lesser of - 
        (1) a percentage equal to the percentage (if any) by which the
      applicable national weekly wage for the period beginning on such
      October 1, as determined under section 906(b) of this title,
      exceeds the applicable national average weekly wage, as so
      determined, for the period beginning with the preceding October
      1; or
        (2) 5 per centum.

      (g) The weekly compensation after adjustment under subsection (f)
    of this section shall be fixed at the nearest dollar. No adjustment
    of less than $1 shall be made, but in no event shall compensation
    or death benefits be reduced.
      (h)(1) Not later than ninety days after October 27, 1972, the
    compensation to which an employee or his survivor is entitled due
    to total permanent disability or death which commenced or occurred
    prior to October 27, 1972, shall be adjusted. The amount of such
    adjustment shall be determined in accordance with regulations of
    the Secretary by designating as the employee's average weekly wage
    the applicable national average weekly wage determined under
    section 906(b) of this title and (A) computing the compensation to
    which such employee or survivor would be entitled if the disabling
    injury or death had occurred on the day following October 27, 1972,
    and (B) subtracting therefrom the compensation to which such
    employee or survivor was entitled on October 27, 1972; except that
    no such employee or survivor shall receive total compensation
    amounting to less than that to which he was entitled on October 27,
    1972. Notwithstanding the foregoing sentence, where such an
    employee or his survivor was awarded compensation as the result of
    death or permanent total disability at less than the maximum rate
    that was provided in this chapter at the time of the injury which
    resulted in the death or disability, then his average weekly wage
    shall be determined by increasing his average weekly wage at the
    time of such injury by the percentage which the applicable national
    average weekly wage has increased between the year in which the
    injury occurred and the first day of the first month following
    October 27, 1972. Where such injury occurred prior to 1947, the
    Secretary shall determine, on the basis of such economic data as he
    deems relevant, the amount by which the employee's average weekly
    wage shall be increased for the pre-1947 period.
      (2) Fifty per centum of any additional compensation or death
    benefit paid as a result of the adjustment required by paragraphs
    (1) and (3) of this subsection shall be paid out of the special
    fund established under section 944 of this title, and 50 per centum
    shall be paid from appropriations.
      (3) For the purposes of subsections (f) and (g) of this section
    an injury which resulted in permanent total disability or death
    which occurred prior to October 27, 1972, shall be considered to
    have occurred on the day following such date.
      (i) For purposes of this section with respect to a claim for
    compensation for death or disability due to an occupational disease
    which does not immediately result in death or disability, the time
    of injury shall be deemed to be the date on which 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 employment, the disease, and the death or
    disability.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 10, 44 Stat. 1431; June 24, 1948, ch.
    623, Sec. 4, 62 Stat. 603; Pub. L. 92-576, Sec. 11, Oct. 27, 1972,
    86 Stat. 1258; Pub. L. 98-426, Sec. 10, Sept. 28, 1984, 98 Stat.
    1647.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (d). Pub. L. 98-426, Sec. 10(a)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (f). Pub. L. 98-426, Sec. 10(b), substituted "subject to
    this chapter" for "sustained after October 27, 1972," and inserted
    "the lesser of - " after "by" in introductory language, designated
    balance of existing provisions as par. (1), substituted "; or" for
    a period at end of par. (1), and added par. (2).
      Subsec. (i). Pub. L. 98-426, Sec. 10(a)(2), added subsec. (i).
      1972 - Subsecs. (f) to (h). Pub. L. 92-576 added subsecs. (f) to
    (h).
      1948 - Subsec. (a). Act June 24, 1948, included a factor (a 260
    multiplier) so as to make this subsec. useful in 5-day week
    employments.
      Subsec. (b). Act June 24, 1948, included the new factor (a 260
    multiplier) to make this subsec. consistent with subsec. (a).
      Subsec. (c). Act June 24, 1948, permitted the inclusion of all
    earnings of the injured workman in determining the employee's
    annual earning capacity.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 10(a) of 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, and amendment by section
    10(b) of Pub. L. 98-426 effective Sept. 28, 1984, see section
    28(a), (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.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act June 24, 1948, applicable to death or injuries
    occurring after June 24, 1948, see section 6 of act June 24, 1948,
    set out as a note under section 906 of this title.

-End-



-CITE-
    33 USC Sec. 911                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 911. Guardian for minor or incompetent

-STATUTE-
      The deputy commissioner may require the appointment by a court of
    competent jurisdiction, for any person who is mentally incompetent
    or a minor, of a guardian or other representative to receive
    compensation payable to such person under this chapter and to
    exercise the powers granted to or to perform the duties required of
    such person under this chapter.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 11, 44 Stat. 1431.)

-End-



-CITE-
    33 USC Sec. 912                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 912. Notice of injury or death

-STATUTE-
    (a) Time limitation
      Notice of an injury or death in respect of which compensation is
    payable under this chapter shall be given within thirty days after
    the date of such injury or death, or thirty days after the employee
    or beneficiary is aware, or in the exercise of reasonable diligence
    or by reason of medical advice should have been aware, of a
    relationship between the injury or death and the employment, except
    that in the case of an occupational disease which does not
    immediately 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 reasonable diligence or by reason of medical
    advice should have been aware, of the relationship between the
    employment, the disease, and the death or disability. Notice shall
    be given (1) to the deputy commissioner in the compensation
    district in which the injury or death occurred, and (2) to the
    employer.
    (b) Form and content
      Such notice shall be in writing, shall contain the name and
    address of the employee and a statement of the time, place, nature,
    and cause of the injury or death, and shall be signed by the
    employee or by some person on his behalf, or in case of death, by
    any person claiming to be entitled to compensation for such death
    or by a person on his behalf.
    (c) Delivery requirements
      Notice shall be given to the deputy commissioner by delivering it
    to him or sending it by mail addressed to his office, and to the
    employer by delivering it to him or by sending it by mail addressed
    to him at his last known place of business. If the employer is a
    partnership, such notice may be given to any partner, or if a
    corporation, such notice may be given to any agent or officer
    thereof upon whom legal process may be served or who is in charge
    of the business in the place where the injury occurred. Each
    employer shall designate those agents or other responsible
    officials to receive such notice, except that the employer shall
    designate as its representatives individuals among first line
    supervisors, local plant management, and personnel office
    officials. Such designations shall be made in accordance with
    regulations prescribed 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.
    (d) Failure to give notice
      Failure to give such notice shall not bar any claim under this
    chapter (1) if the employer (or his agent or agents or other
    responsible official or officials designated by the employer
    pursuant to subsection (c) of this section) or the carrier had
    knowledge of the injury or death, (2) the deputy commissioner
    determines that the employer or carrier has not been prejudiced by
    failure to give such notice, or (3) if the deputy commissioner
    excuses such failure on the ground that (i) notice, while not given
    to a responsible official designated by the employer 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 pursuant to
    subsection (c) of this section, or (ii) for some satisfactory
    reason such notice could not be given; nor unless objection to such
    failure is raised before the deputy commissioner at the first
    hearing of a claim for compensation in respect of such injury or
    death.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 12, 44 Stat. 1431; Pub. L. 92-576,
    Sec. 12(a), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 11,
    Sept. 28, 1984, 98 Stat. 1648.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-426, Sec. 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 immediately 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
    reasonable diligence or by reason of medical advice should have
    been aware, of the relationship between the employment, the
    disease, and the death or disability" in first sentence.
      Subsec. (c). Pub. L. 98-426, Sec. 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 individuals among first line
    supervisors, local plant management, and personnel office
    officials. Such designations shall be made in accordance with
    regulations prescribed 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, Sec. 11(c), substituted "(or his
    agent or agents or other responsible official or officials
    designated by the employer pursuant to subsection (c) of this
    section)" 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, Sec. 11(c)(4), inserted "(i) notice, while not
    given to a responsible official designated by the employer 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 pursuant to
    subsection (c) of this title, or (ii)".
      1972 - Subsec. (a). Pub. L. 92-576 provided for notice of an
    injury or death within thirty days after the employee or
    beneficiary is aware or in the exercise of reasonable diligence
    should have been aware of a relationship between the injury or
    death and the employment.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 11(a) of 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, and amendment by section
    11(b), (c) of Pub. L. 98-426 effective 90 days after Sept. 28,
    1984, and applicable 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 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.

-End-



-CITE-
    33 USC Sec. 913                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 913. Filing of claims

-STATUTE-
    (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
    injury 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 commissioner in the compensation
    district in which such injury or death occurred. 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 employment.
    (b) Failure to file
      (1) Notwithstanding the provisions of subsection (a) of this
    section failure to file a claim within the period 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 reasonable notice and opportunity
    to be heard.
      (2) Notwithstanding the provisions of subsection (a) of this
    section, 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 employment, 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)
    of this section 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
    representative, 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 prescribed in subsection (a)
    of this section shall begin to run only from the date of
    termination of such suit.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 13, 44 Stat. 1432; Pub. L. 92-576,
    Sec. 12(b), Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 12,
    Sept. 28, 1984, 98 Stat. 1649.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-426 designated existing provisions
    as par. (1) and added par. (2).
      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
    employment.

                     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 section 28(a) 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.

-End-



-CITE-
    33 USC Sec. 914                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 914. Payment of compensation

-STATUTE-
    (a) Manner of payment
      Compensation under this chapter shall be paid periodically,
    promptly, and directly to the person entitled thereto, without an
    award, except where liability to pay compensation is controverted
    by the employer.
    (b) Period of installment payments
      The first installment of compensation shall become due on the
    fourteenth day after the employer has been notified pursuant to
    section 912 of this title, or the employer has knowledge of the
    injury or death, on which date all compensation then due shall be
    paid. Thereafter compensation shall be paid in installments,
    semimonthly, 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 suspension of payment for
    any cause, the employer shall immediately notify the deputy
    commissioner, 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 compensation he shall
    file with the deputy commissioner 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 compensation 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
    controverted.
    (e) Additional compensation for overdue installment 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
    subsection (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 installment,
    unless notice is filed under subsection (d) of this section, or
    unless such nonpayment is excused by the deputy commissioner after
    a showing 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 installment 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 unpaid 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 accordance with a form prescribed by the Secretary, stating that
    such final payment has been made, the total amount of compensation
    paid, the name of the employee and of any other person to whom
    compensation has been paid, the date of the injury or death, and
    the date to which compensation has been paid. If the employer fails
    to so notify the deputy commissioner within such time the Secretary
    shall assess against such employer a civil penalty in the amount of
    $100.
    (h) Investigations, examinations, and hearings for controverted,
      stopped, or suspended payments
      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 compensation is
    controverted, or where payments of compensation 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 payment 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 reimbursed out of any unpaid installment or
    installments of compensation due.
    (k) Receipt for payment
      An injured employee, or in case of death his dependents or
    personal representative, shall give receipts for payment of
    compensation to the employer paying the same and such employer
    shall produce the same for inspection by the deputy commissioner,
    whenever required.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 14, 44 Stat. 1432; May 26, 1934, ch.
    354, Sec. 4, 48 Stat. 807; June 25, 1938, ch. 685, Sec. 7, 52 Stat.
    1167; June 24, 1948, ch. 623, Sec. 5, 62 Stat. 603; July 26, 1956,
    ch. 735, Sec. 5, 70 Stat. 655; Pub. L. 87-87, Sec. 3, July 14,
    1961, 75 Stat. 203; Pub. L. 92-576, Secs. 5(e), 15(d), Oct. 27,
    1972, 86 Stat. 1254, 1262; Pub. L. 98-426, Secs. 13, 27(a)(2),
    Sept. 28, 1984, 98 Stat. 1649, 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-426, Sec. 13(a), substituted
    "employer has been notified pursuant to section 912 of this title,
    or the employer," for "employer".
      Subsecs. (c), (d), (g). Pub. L. 98-426, Sec. 27(a)(2),
    substituted "Secretary" for "commission". See Transfer of Functions
    note set out under section 902 of this title.
      Subsecs. (j) to (l). Pub. L. 98-426, Sec. 13(b), redesignated
    subsecs. (k) and (l) as (j) and (k), respectively, and struck out
    former subsec. (j) which provided that whenever the deputy
    commissioner determines that it was in the interest of justice, the
    liability of the employer for compensation, or any part thereof as
    determined by the deputy commissioner with the approval of the
    Secretary, could be discharged by the payment of a lump sum equal
    to the present value of future compensation payments commuted,
    computed at 4 per centum true discount compounded annually, that
    the probability of the death of the injured employee or other
    person entitled to compensation before the expiration of the period
    during which he was entitled to compensation would be determined in
    accordance with the American Experience Table of Mortality, and the
    probability of the remarriage of the surviving wife would be
    determined in accordance with the remarriage tables of the Dutch
    Royal Insurance Institution, and that the probability of the
    happening of any other contingency affecting the amount or duration
    of the compensation would be disregarded, was struck out.
      1972 - Subsec. (f). Pub. L. 92-576, Sec. 15(d), substituted
    "order staying payment has been issued by the Board or court" for
    "interlocutory injunction staying payments is allowed by the court
    as provided therein".
      Subsec. (m). Pub. L. 92-576, Sec. 5(e), repealed subsec. (m)
    limiting aggregate money allowance for an injury under this chapter
    to $24,000, making the limitation inapplicable to cases of
    permanent total disability or death, and providing that in applying
    the limitation there shall not be taken into account any amount
    payable under section 908(g) of this title for maintenance during
    rehabilitation or any amount of additional compensation required to
    be paid under this section for delay or default in the payment of
    compensation or any amount accruing as interest upon defaulted
    compensation collectible under section 918 of this title.
      1961 - Subsec. (m). Pub. L. 87-87 increased limitation on total
    money allowance as compensation for injury from "$17,280" to
    "$24,000".
      1956 - Subsec. (m). Act July 26, 1956, provided for maximum money
    allowance of $17,280 in lieu of total compensation of $11,000,
    struck out additional former limit of $10,000 for disabilities
    compensable under section 908(c)(21) of this title, and inserted
    provision excepting from $17,280 limitation, amounts payable under
    section 908(g) of this title for maintenance during rehabilitation,
    and amounts payable under this section for delay or default in
    payment of compensation or interest collectible under section 918
    of this title.
      1948 - Subsec. (m). Act June 24, 1948, increased overall
    statutory maximum limitation upon compensation for disability from
    $7,500 to $11,000, and fixed a sublimitation of $10,000 upon that
    particular compensation for permanent partial disability which is
    payable when the case is classified as one in which compensation
    shall be payable under section 908(c)(21) of this title, but
    neither limitation shall apply for permanent total disability or
    death.
      1938 - Subsec. (f). Act June 25, 1938, inserted "and an
    interlocutory injunction staying payments is allowed by the court
    as provided therein".
      1934 - Subsec. (j). Act May 26, 1934, substituted "in the
    interest of justice" for "for the best interests of a person
    entitled to compensation", inserted "or any part thereof as
    determined by the deputy commissioner with the approval of the
    Commission", and inserted provision for determining probability of
    remarriage.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 13 of Pub. L. 98-426 effective 90 days after
    Sept. 28, 1984, and applicable both with respect to claims filed
    after such 90th day and to claims pending on such 90th day, and
    amendment by section 27(a)(2) of Pub. L. 98-426 effective Sept. 28,
    1984, see section 28(b), (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.

                     EFFECTIVE DATE OF 1961 AMENDMENT                 
      Amendment by Pub. L. 87-87 effective as to injuries sustained on
    or after July 14, 1961, see section 4 of Pub. L. 87-87, set out as
    a note under section 906 of this title.

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Amendment by act July 26, 1956, applicable only with respect to
    injuries and death occurring on or after July 26, 1956, see section
    9 of act July 26, 1956, set out as a note under section 906 of this
    title.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Amendment by act June 24, 1948, applicable to death or injuries
    occurring after June 24, 1948, see section 6 of act June 24, 1948,
    set out as a note under section 906 of this title.

-End-



-CITE-
    33 USC Sec. 915                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 915. Invalid agreements

-STATUTE-
      (a) No agreement by an employee to pay any portion of premium
    paid by his employer to a carrier or to contribute to a benefit
    fund or department maintained by such employer for the purpose of
    providing compensation or medical services and supplies as required
    by this chapter shall be valid, and any employer who makes a
    deduction for such purpose from the pay of any employee entitled to
    the benefits of this chapter shall be guilty of a misdemeanor, and
    upon conviction thereof shall be punished by a fine of not more
    than $1,000.
      (b) No agreement by an employee to waive his right to
    compensation under this chapter shall be valid.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 15, 44 Stat. 1434.)

-End-



-CITE-
    33 USC Sec. 916                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 916. Assignment and exemption from claims of creditors

-STATUTE-
      No assignment, release, or commutation of compensation or
    benefits due or payable under this chapter, except as provided by
    this chapter, shall be valid, and such compensation and benefits
    shall be exempt from all claims of creditors and from levy,
    execution, and attachment or other remedy for recovery or
    collection of a debt, which exemption may not be waived.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 16, 44 Stat. 1434.)

-End-



-CITE-
    33 USC Sec. 917                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 917. Lien against compensation

-STATUTE-
      Where a trust fund which complies with section 186(c) of title 29
    established pursuant to a collective-bargaining agreement in effect
    between an employer and an employee covered under this chapter has
    paid disability benefits to an employee which the employee is
    legally obligated to repay by reason of his entitlement to
    compensation under this chapter or under a settlement, the
    Secretary shall authorize a lien on such compensation in favor of
    the trust fund for the amount of such payments.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 17, 44 Stat. 1434; June 25, 1938, ch.
    685, Sec. 8, 52 Stat. 1167; Pub. L. 92-576, Sec. 20(b), Oct. 27,
    1972, 86 Stat. 1264; Pub. L. 95-598, title III, Sec. 324, Nov. 6,
    1978, 92 Stat. 2679; Pub. L. 98-426, Sec. 14, Sept. 28, 1984, 98
    Stat. 1649.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426 struck out "(b)" before "Where a trust fund
    which complies", substituted "covered under this chapter" for
    "entitled to compensation under this chapter", and substituted
    "this chapter or under a settlement, the Secretary shall authorize"
    for "this chapter, the Secretary may authorize".
      1978 - Subsec. (a). Pub. L. 95-598 repealed provision for lien of
    person entitled to compensation without limit of amount against
    assets of carrier or employer and for preference and priority in
    distribution of assets of such carrier or employer, or both upon
    insolvency, bankruptcy, or reorganization in bankruptcy proceedings
    of the carrier or employer, or both.
      1972 - Pub. L. 92-576 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1938 - Act June 25, 1938, amended section generally. Prior to
    amendment, section read as follows: "Compensation shall have the
    same preference of lien against the assets of the carrier or
    employer without limit of amount as is now or may hereafter be
    allowed by law to the claimant for unpaid wages or otherwise".

                     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 section 28(a) of Pub. L. 98-426,
    set out as a note under section 901 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.

                     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.

-End-



-CITE-
    33 USC Sec. 918                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 918. Collection of defaulted payments; special fund

-STATUTE-
      (a) In case of default by the employer in the payment of
    compensation due under any award of compensation for a period of
    thirty days after the compensation is due and payable, the person
    to whom such compensation is payable may, within one year after
    such default, make application to the deputy commissioner making
    the compensation order or (!1) a supplementary order declaring the
    amount of the default. After investigation, notice, and hearing, as
    provided in section 919 of this title, the deputy commissioner
    shall make a supplementary order, declaring the amount of the
    default, which shall be filed in the same manner as the
    compensation order. In case the payment in default is an
    installment of the award, the deputy commissioner may, in his
    discretion, declare the whole of the award as the amount in
    default. The applicant may file a certified copy of such
    supplementary order with the clerk of the Federal district court
    for the judicial district in which the employer has his principal
    place of business or maintains an office, or for the judicial
    district in which the injury occurred. In case such principal place
    of business or office or place where the injury occurred is in the
    District of Columbia, a copy of such supplementary order may be
    filed with the clerk of the United States District Court for the
    District of Columbia. Such supplementary order of the deputy
    commissioner shall be final, and the court shall, upon the filing
    of the copy, enter judgment for the amount declared in default by
    the supplementary order if such supplementary order is in
    accordance with law. Review of the judgment so entered may be had
    as in civil suits for damages at common law. Final proceedings to
    execute the judgment may be had by writ of execution in the form
    used by the court in suits at common law in actions of assumpsit.
    No fee shall be required for filing the supplementary order nor for
    entry of judgment thereon, and the applicant shall not be liable
    for costs in a proceeding for review of the judgment unless the
    court shall otherwise direct. The court shall modify such judgment
    to conform to any later compensation order upon presentation of a
    certified copy thereof to the court.

      (b) In cases where judgment cannot be satisfied by reason of the
    employer's insolvency or other circumstances precluding payment,
    the Secretary of Labor may, in his discretion and to the extent he
    shall determine advisable after consideration of current
    commitments payable from the special fund established in section
    944 of this title, make payment from such fund upon any award made
    under this chapter, and in addition, provide any necessary medical,
    surgical, and other treatment required by section 907 of this title
    in any case of disability where there has been a default in
    furnishing medical treatment by reason of the insolvency of the
    employer. Such an employer shall be liable for payment into such
    fund of the amounts paid therefrom by the Secretary of Labor under
    this subsection; and for the purpose of enforcing this liability,
    the Secretary of Labor for the benefit of the fund shall be
    subrogated to all the rights of the person receiving such payment
    or benefits as against the employer and may by a proceeding in the
    name of the Secretary of Labor under this section or under
    subsection (c) of section 921 of this title, or both, seek to
    recover the amount of the default or so much thereof as in the
    judgment of the Secretary is possible, or the Secretary may settle
    and compromise any such claim.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 18, 44 Stat. 1434; June 25, 1936, ch.
    804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.
    991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; July 26, 1956,
    ch. 735, Sec. 6, 70 Stat. 655; Pub. L. 98-426, Sec. 27(b), Sept.
    28, 1984, 98 Stat. 1654.)

-COD-
                               CODIFICATION                           
      As originally enacted, subsec. (a) contained a reference to the
    Supreme Court of the District of Columbia. 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,
    substituted "United States District Court for the District of
    Columbia" for "district court of the United States for the District
    of Columbia".


-MISC1-
                                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).

                     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.

-FOOTNOTE-
    (!1) So in original. Probably should be "for".


-End-



-CITE-
    33 USC Sec. 919                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 919. Procedure in respect of claims

-STATUTE-
    (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 following 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 regulations 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; rejection 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 application 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 personally upon
    the claimant and other interested parties or sent to such claimant
    and other interested 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 notice is given
    as provided in subsection (b) of this section, the deputy
    commissioner shall, by order, reject the claim or make an award in
    respect of the claim.
    (d) Provisions governing conduct of hearing; administrative law
      judges
      Notwithstanding any other provisions of this chapter, any hearing
    held under this chapter shall be conducted in accordance with the
    provisions 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 compensation 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 approval 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 directed.
    (h) Physical examination of injured employee
      An injured employee claiming or entitled to compensation shall
    submit to such physical examination by a medical officer of the
    United States or by a duly qualified physician designated or
    approved by the Secretary as the deputy 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. Proceedings
    shall be suspended and no compensation be payable for any period
    during which the employee may refuse to submit to examination.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 19, 44 Stat. 1435; June 25, 1938, ch.
    685, Sec. 9, 52 Stat. 1167; Pub. L. 86-507, Sec. 1(30), (31), June
    11, 1960, 74 Stat. 202; Pub. L. 92-576, Sec. 14, Oct. 27, 1972, 86
    Stat. 1261; Pub. L. 95-251, Sec. 2(a)(10), Mar. 27, 1978, 92 Stat.
    183; Pub. L. 98-426, Sec. 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsecs. (a), (b), (g), (h). Pub. L. 98-426, Sec.
    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 references to
    administrative law judges for references to hearing examiners.
      1972 - Subsec. (d). Pub. L. 92-576 substituted provisions 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, duties, and responsibilities vested
    in deputy commissioners on Oct. 27, 1972, for former provisions
    authorizing 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 transfer of
    cases, with administrative approval, at any time after filing of
    claim for the additional purposes of making investigations and
    taking other necessary action instead of after issuance of
    compensation order without anyone's approval.

                     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.

-FOOTNOTE-
    (!1) So in original. Probably should be "an".


-End-



-CITE-
    33 USC Sec. 920                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 920. Presumptions

-STATUTE-
      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 injure or kill himself or another.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 20, 44 Stat. 1436.)

-End-



-CITE-
    33 USC Sec. 921                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 921. Review of compensation orders

-STATUTE-
    (a) Effectiveness and finality of orders
      A compensation order shall become effective when filed in the
    office of the deputy commissioner as provided in section 919 of
    this title, and, unless proceedings for the suspension or setting
    aside of such order are instituted as provided in subsection (b) of
    this section, shall become final at the expiration of the thirtieth
    day thereafter.
    (b) Benefits Review Board; establishment; members; chairman;
      quorum; voting; questions reviewable; record; conclusiveness of
      findings; stay of payments; remand
      (1) There is hereby established a Benefits Review 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 designate one of the members of the
    Board to serve as chairman. The Chairman shall have the authority,
    as delegated by the Secretary, to exercise all administrative
    functions necessary to operate the Board.
      (2) For the purpose of carrying out its functions under this
    chapter, three members of the Board shall constitute a quorum and
    official action 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 employees under
    this chapter and the extensions thereof. The Board's orders shall
    be based upon the hearing record. The findings of fact in the
    decision under review by the Board shall be conclusive 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 proceeding 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 appropriate action. The consent of the parties in interest
    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 Department of Labor administrative law judges to serve on the
    Board temporarily, for not more than one year. The Board is
    authorized to delegate 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 aggrieved 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 permanent members of the
    Board, the petition shall be granted. The Board shall amend its
    Rules of Practice to conform with this paragraph. Temporary
    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 entitled to review;
      petition; record; determination 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 appeals for the circuit in which the injury occurred, by
    filing in such court within sixty days following the issuance of
    such Board order a written petition praying that the order be
    modified or set aside. A copy of such petition shall be forthwith
    transmitted by the clerk of the court, to the Board, and to the
    other parties, and thereupon the Board shall file in the court the
    record in the proceedings as provided in section 2112 of title 28.
    Upon such filing, the court shall have jurisdiction of the
    proceeding and shall have the power to give a decree affirming,
    modifying, or setting aside, in whole or in part, the order of the
    Board and enforcing same to the extent that such order is affirmed
    or modified. The orders, writs, and processes of the court in such
    proceedings may run, be served, and be returnable anywhere in the
    United States. The payment of the amounts required by an award
    shall not be stayed pending final decision in any such proceeding
    unless ordered by the court. No stay shall be issued unless
    irreparable injury would otherwise ensue to the employer or
    carrier. The order of the court allowing any stay shall contain a
    specific finding, based upon evidence submitted to the court and
    identified by reference thereto, that irreparable damage would
    result to the employer, and specifying the nature of the damage.
    (d) District court; jurisdiction; enforcement of orders;
      application of beneficiaries of awards or deputy commissioner;
      process for compliance with orders
      If any employer or his officers or agents fails to comply with a
    compensation order making an award, that has become final, any
    beneficiary of such award or the deputy commissioner making the
    order, may apply for the enforcement of the order to the Federal
    district court for the judicial district in which the injury
    occurred (or to the United States District Court for the District
    of Columbia if the injury occurred in the District). If the court
    determines that the order was made and served in accordance with
    law, and that such employer or his officers or agents have failed
    to comply therewith, the court shall enforce obedience to the order
    by writ of injunction or by other proper process, mandatory or
    otherwise, to enjoin upon such person and his officers and agents
    compliance with the order.
    (e) Institution of proceedings for suspension, setting aside, or
      enforcement of compensation orders
      Proceedings for suspending, setting aside, or enforcing a
    compensation order, whether rejecting a claim or making an award,
    shall not be instituted otherwise than as provided in this section
    and section 918 of this title.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 21, 44 Stat. 1436; June 25, 1936, ch.
    804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.
    991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 92-576,
    Sec. 15(a), (b), Oct. 27, 1972, 86 Stat. 1261, 1262; Pub. L. 95-
    251, Sec. 2(a)(10), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98-426,
    Sec. 15, Sept. 28, 1984, 98 Stat. 1649.)

-COD-
                               CODIFICATION                           
      As originally enacted, subsec. (d) contained a reference to the
    Supreme Court of the District of Columbia. 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,
    substituted "United States District Court for the District of
    Columbia" for "district court of the United States for the District
    of Columbia".


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b)(1). Pub. L. 98-426, Sec. 15(1), (2),
    substituted "five" for "three", and inserted "The Chairman shall
    have the authority, as delegated by the Secretary, to exercise all
    administrative functions necessary to operate the Board."
      Subsec. (b)(2). Pub. L. 98-426, Sec. 15(3), substituted "three"
    for "two" wherever appearing.
      Subsec. (b)(5). Pub. L. 98-426, Sec. 15(4), added par. (5).
      1978 - Subsec. (b)(4). Pub. L. 95-251 substituted "administrative
    law judge" for "hearing examiner".
      1972 - Subsec. (b). Pub. L. 92-576, Sec. 15(a), added subsec.
    (b). Former provisions of subsec. (b) for injunction proceedings to
    suspend or set aside a compensation order by a party in interest
    against a deputy commissioner in Federal district court for
    judicial district where injury occurred superseded by subsec. (c)
    of this section and former provisions of such subsec. (b)
    respecting service of process and stay of payments, except for the
    procedural requirement of an interlocutory injunction to the court
    and hearing on at least three days' notice to the parties in
    interest and the deputy commissioner, incorporated in subsec. (c)
    of this section.
      Subsecs. (c) to (e). Pub. L. 92-576, Sec. 15(a), (b), added
    subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and
    (e), respectively.

                     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.

    REVIEW OF DECISIONS MADE BY OR PENDING BEFORE BENEFITS REVIEW BOARD
      Pub. L. 108-447, div. F, title I, Dec. 8, 2004, 118 Stat. 3121,
    which provided in part that no funds made available by div. F were
    to be used by the Solicitor of Labor or the Secretary of Labor to
    review certain decisions made by or pending before the Benefits
    Review Board under the Longshore and Harbor Workers' Compensation
    Act, and deemed such decisions pending review by the Board for more
    than 1 year to be affirmed by and the final order of the Board for
    purposes of obtaining review in the United States courts of
    appeals, was from the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act,
    2005, and was not repeated in subsequent appropriations acts.
    Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-199, div. E, title I, Jan. 23, 2004, 118 Stat. 234.
      Pub. L. 108-7, div. G, title I, Feb. 20, 2003, 117 Stat. 306.
      Pub. L. 107-116, title I, Jan. 10, 2002, 115 Stat. 2184.
      Pub. L. 106-554, Sec. 1(a)(1) [title I], Dec. 21, 2000, 114 Stat.
    2763, 2763A-10.
      Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title I], Nov. 29,
    1999, 113 Stat. 1535, 1501A-224.
      Pub. L. 105-277, div. A, Sec. 101(f) [title I], Oct. 21, 1998,
    105 Stat. 2681-337, 2681-345.
      Pub. L. 105-78, title I, Nov. 13, 1997, 111 Stat. 1475.
      Pub. L. 104-208, div. A, title I, Sec. 101(e) [title I], Sept.
    30, 1996, 110 Stat. 3009-233, 3009-241.
      Pub. L. 104-134, title I, Sec. 101(d) [title I], Apr. 26, 1996,
    110 Stat. 1321-211, 1321-218; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.

-End-



-CITE-
    33 USC Sec. 921a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 921a. Appearance of attorneys for Secretary, deputy
      commissioner, or Board

-STATUTE-
      Attorneys appointed by the Secretary shall represent the
    Secretary, the deputy commissioner, or the Board in any court
    proceedings under section 921 of this title or other provisions of
    this chapter except for proceedings in the Supreme Court of the
    United States.

-SOURCE-
    (May 4, 1928, ch. 502, 45 Stat. 490; June 25, 1948, ch. 646, Sec.
    1, 62 Stat. 909; Pub. L. 92-576, Sec. 16, Oct. 27, 1972, 86 Stat.
    1262.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Longshore and Harbor
    Workers' Compensation Act which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-576 substituted provisions for representation
    of the Secretary, the deputy commissioner, or the Board by
    attorneys appointed by the Secretary except for proceedings in the
    Supreme Court, for former provisions requiring the United States
    attorney in the judicial district in which the case is pending to
    appear as attorney or counsel on behalf of the Secretary of Labor
    or his deputy commissioner when either is a party to the case or
    interested, and to represent such Secretary or deputy in any court
    in which such case may be carried on appeal.

-CHANGE-
                              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.


-MISC2-
                     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.

-End-



-CITE-
    33 USC Sec. 922                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 922. Modification of awards

-STATUTE-
      Upon his own initiative, or upon the application of any party in
    interest (including an employer 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 mistake 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,
    increase, 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 become 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 compensation, 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 settlements.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 22, 44 Stat. 1437; May 26, 1934, ch.
    354, Sec. 5, 48 Stat. 807; June 25, 1938, ch. 685, Sec. 10, 52
    Stat. 1167; Pub. L. 98-426, Secs. 16, 27(a)(2), Sept. 28, 1984, 98
    Stat. 1650, 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426, Sec. 16, inserted "(including an employer
    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, Sec. 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 compensation case
    at any time prior to one year after rejection of claim and
    authorized award of compensation.
      1934 - Act May 26, 1934, permitted review based on a mistake in a
    determination of fact; substituted provision 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.

                     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.

-End-



-CITE-
    33 USC Sec. 923                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 923. Procedure before deputy commissioner or Board

-STATUTE-
      (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 manner 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 conducted
    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 stenographically reported, and the
    deputy commissioners or Board, subject to the approval of the
    Secretary, are authorized to contract for the reporting of such
    hearings. The Secretary shall by regulation provide for the
    preparation of a record of the hearings and other proceedings
    before the deputy commissioners or Board.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 23, 44 Stat. 1437; Pub. L. 92-576,
    Sec. 15(e), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec.
    27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-426 substituted "Secretary" for
    "commission". See Transfer of Functions note set out under section
    902 of this title.
      1972 - Pub. L. 92-576 inserted references to the Board in
    subsecs. (a) and (b).

                     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.

-End-



-CITE-
    33 USC Sec. 924                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 924. Witnesses

-STATUTE-
      No person shall be required to attend as a witness in any
    proceeding before a deputy commissioner at a place outside of the
    State of his residence and more than one hundred miles from his
    place of residence, unless his lawful mileage and fee for one day's
    attendance shall be first paid or tendered to him; but the
    testimony of any witness may be taken by deposition or
    interrogatories according to the rules of practice of the Federal
    district court for the judicial district in which the case is
    pending (or of the United States District Court for the District of
    Columbia if the case is pending in the District).

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 24, 44 Stat. 1437; June 25, 1936, ch.
    804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.
    991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-COD-
                               CODIFICATION                           
      As originally enacted, this section contained a reference to the
    Supreme Court of the District of Columbia. 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,
    substituted "United States District Court for the District of
    Columbia" for "district court of the United States for the District
    of Columbia".

-End-



-CITE-
    33 USC Sec. 925                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 925. Witness fees

-STATUTE-
      Witnesses summoned in a proceeding before a deputy commissioner
    or whose depositions are taken shall receive the same fees and
    mileage as witnesses in courts of the United States.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 25, 44 Stat. 1437.)

-End-



-CITE-
    33 USC Sec. 926                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 926. Costs in proceedings brought without reasonable grounds

-STATUTE-
      If the court having jurisdiction of proceedings in respect of any
    claim or compensation order determines that the proceedings in
    respect of such claim or order have been instituted or continued
    without reasonable ground, the costs of such proceedings shall be
    assessed against the party who has so instituted or continued such
    proceedings.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 26, 44 Stat. 1438.)

-End-



-CITE-
    33 USC Sec. 927                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 927. Powers of deputy commissioners or Board

-STATUTE-
      (a) The deputy commissioner or Board shall have power to preserve
    and enforce order during any such proceedings; to issue subpoenas
    for, to administer oaths to, and to compel the attendance and
    testimony of witnesses, or the production of books, papers,
    documents, and other evidence, or the taking of depositions before
    any designated individual competent to administer oaths; to examine
    witnesses; and to do all things conformable to law which may be
    necessary to enable him effiectively (!1) to discharge the duties
    of his office.

      (b) If any person in proceedings before a deputy commissioner or
    Board disobeys or resists any lawful order or process, or
    misbehaves during a hearing or so near the place thereof as to
    obstruct the same, or neglects to produce, after having been
    ordered to do so, any pertinent book, paper, or document, or
    refuses to appear after having been subpoenaed, or upon appearing
    refuses to take the oath as a witness, or after having taken the
    oath refuses to be examined according to law, the deputy
    commissioner or Board shall certify the facts to the district court
    having jurisdiction in the place in which he is sitting (or to the
    United States District Court for the District of Columbia if he is
    sitting in such District) which shall thereupon in a summary manner
    hear the evidence as to the acts complained of, and if the evidence
    so warrants, punish such person in the same manner and to the same
    extent as for a contempt committed before the court, or commit such
    person upon the same conditions as if the doing of the forbidden
    act had occurred with reference to the process of or in the
    presence of the court.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 27, 44 Stat. 1438; June 25, 1936, ch.
    804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.
    991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 92-576,
    Sec. 15(e), Oct. 27, 1972, 86 Stat. 1262.)

-COD-
                               CODIFICATION                           
      As originally enacted, subsec. (b) contained a reference to the
    Supreme Court of the District of Columbia. 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,
    substituted "United States District Court for the District of
    Columbia" for "district court of the United States for the District
    of Columbia".


-MISC1-
                                AMENDMENTS                            
      1972 - Subsecs. (a), (b). Pub. L. 92-576 inserted references to
    the Board.

                     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.

-FOOTNOTE-
    (!1) So in original. Probably should be "effectively".


-End-



-CITE-
    33 USC Sec. 928                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 928. Fees for services

-STATUTE-
    (a) Attorney's fee; successful prosecution of claim
      If the employer or carrier declines to pay any compensation on or
    before the thirtieth day after receiving written notice of a claim
    for compensation having been filed from the deputy commissioner, on
    the ground that there is no liability for compensation within the
    provisions of this chapter and the person seeking benefits shall
    thereafter have utilized the services of an attorney at law in the
    successful prosecution of his claim, there shall be awarded, in
    addition to the award of compensation, in a compensation order, a
    reasonable attorney's fee against the employer or carrier in an
    amount approved by the deputy commissioner, Board, or court, as the
    case may be, which shall be paid directly by the employer or
    carrier to the attorney for the claimant in a lump sum after the
    compensation order becomes final.
    (b) Attorney's fee; successful prosecution for additional
      compensation; independent medical evaluation of disability
      controversy; restriction of other assessments
      If the employer or carrier pays or tenders payment of
    compensation without an award pursuant to section 914(a) and (b) of
    this title, and thereafter a controversy develops over the amount
    of additional compensation, if any, to which the employee may be
    entitled, the deputy commissioner or Board shall set the matter for
    an informal conference and following such conference the deputy
    commissioner or Board shall recommend in writing a disposition of
    the controversy. If the employer or carrier refuse to accept such
    written recommendation, within fourteen days after its receipt by
    them, they shall pay or tender to the employee in writing the
    additional compensation, if any, to which they believe the employee
    is entitled. If the employee refuses to accept such payment or
    tender of compensation, and thereafter utilizes the services of an
    attorney at law, and if the compensation thereafter awarded is
    greater than the amount paid or tendered by the employer or
    carrier, a reasonable attorney's fee based solely upon the
    difference between the amount awarded and the amount tendered or
    paid shall be awarded in addition to the amount of compensation.
    The foregoing sentence shall not apply if the controversy relates
    to degree or length of disability, and if the employer or carrier
    offers to submit the case for evaluation by physicians employed or
    selected by the Secretary, as authorized in section 907(e) of this
    title and offers to tender an amount of compensation based upon the
    degree or length of disability found by the independent medical
    report at such time as an evaluation of disability can be made. If
    the claimant is successful in review proceedings before the Board
    or court in any such case an award may be made in favor of the
    claimant and against the employer or carrier for a reasonable
    attorney's fee for claimant's counsel in accord with the above
    provisions. In all other cases any claim for legal services shall
    not be assessed against the employer or carrier.
    (c) Approval; payment; lien
      In all cases fees for attorneys representing the claimant shall
    be approved in the manner herein provided. If any proceedings are
    had before the Board or any court for review of any action, award,
    order, or decision, the Board or court may approve an attorney's
    fee for the work done before it by the attorney for the claimant.
    An approved attorney's fee, in cases in which the obligation to pay
    the fee is upon the claimant, may be made a lien upon the
    compensation due under an award; and the deputy commissioner,
    Board, or court shall fix in the award approving the fee, such lien
    and manner of payment.
    (d) Costs; witnesses' fees and mileage; prohibition against
      diminution of compensation to claimant
      In cases where an attorney's fee is awarded against an employer
    or carrier there may be further assessed against such employer or
    carrier as costs, fees and mileage for necessary witnesses
    attending the hearing at the instance of claimant. Both the
    necessity for the witness and the reasonableness of the fees of
    expert witnesses must be approved by the hearing officer, the
    Board, or the court, as the case may be. The amounts awarded
    against an employer or carrier as attorney's fees, costs, fees and
    mileage for witnesses shall not in any respect affect or diminish
    the compensation payable under this chapter.
    (e) Unapproved fees; solicitation; penalty
      A person who receives a fee, gratuity, or other consideration on
    account of services rendered as a representative of a claimant,
    unless the consideration is approved by the deputy commissioner,
    administrative law judge, Board, or court, or who makes it a
    business to solicit employment for a lawyer, or for himself, with
    respect to a claim or award for compensation under this chapter,
    shall, upon conviction thereof, for each offense be punished by a
    fine of not more than $1,000 or be imprisoned for not more than one
    year, or both.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 28, 44 Stat. 1438; Pub. L. 92-576,
    Sec. 13, Oct. 27, 1972, 86 Stat. 1259; Pub. L. 98-426, Sec. 17,
    Sept. 28, 1984, 98 Stat. 1650.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (e). Pub. L. 98-426 substituted "a fee, gratuity,
    or other consideration" for "any fees, other consideration, or any
    gratuity"; "with respect to" for "in respect of"; and "both" for
    "by both such fine and imprisonment"; and inserted "under this
    chapter," after "compensation".
      1972 - Subsec. (a). Pub. L. 92-576 substituted provisions
    respecting payment of attorney's fee for successful prosecution of
    claim for former provisions respecting approval by deputy
    commissioner or court of claims for legal services or for any other
    services rendered 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 subsec. (e), as so
    redesignated, struck out item (1) and (2) designations before
    "who", substituted "services rendered as a representative of a
    claimant" for "services so rendered", and included approval by the
    Board.

                     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.

-End-



-CITE-
    33 USC Sec. 929                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 929. Record of injury or death

-STATUTE-
      Every employer shall keep a record in respect of any injury to an
    employee. Such record shall contain such information of disease,
    other disability, 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 regulation
    prescribe.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 29, 44 Stat. 1438; Pub. L. 98-426,
    Sec. 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for
    "commission". See Transfer of Functions note set out under section
    902 of this title.

                     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.

-End-



-CITE-
    33 USC Sec. 930                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 930. Reports to Secretary

-STATUTE-
    (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 Secretary a report setting
    forth (1) the name, address, 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
    occurred; 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 regardless 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) of this section
    shall not be evidence of any fact stated in such report in any
    proceeding in respect of such injury 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) of this
    section, to the Secretary and deputy commissioner, respectively,
    shall be a compliance with this section.
    (e) Penalty for failure or refusal to send report
      Any employer, insurance carrier, or self-insured 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,
    refusal, 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 injury occurred) or the carrier has knowledge, of any injury or
    death of an employee and fails, neglects, or refuses to file report
    thereof as required by the provisions of subsection (a) of this
    section, the limitations in subsection (a) of section 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.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 30, 44 Stat. 1439; June 25, 1938, ch.
    685, Sec. 11, 52 Stat. 1167; Pub. L. 98-426, Secs. 18, 27(a)(2),
    Sept. 28, 1984, 98 Stat. 1650, 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-426, Sec. 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, Sec. 27(a)(2), substituted "Secretary" for
    "commission". See Transfer of Functions note set out under section
    902 of this title.
      Pub. L. 98-426, Sec. 18(a)(2), inserted at end "Notwithstanding
    the requirements of this subsection, each employer shall keep a
    record of each and every injury regardless of whether such injury
    results in the loss of one or more shifts of work."
      Subsecs. (b), (d). Pub. L. 98-426, Sec. 27(a)(2), substituted
    "Secretary" for "commission". See Transfer of Functions note set
    out under section 902 of this title.
      Subsec. (e). Pub. L. 98-426, Sec. 18(b), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "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 failure or refusal."
      1938 - Subsec. (f). Act June 25, 1938, added subsec. (f).

                     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.

-End-



-CITE-
    33 USC Sec. 931                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 931. Penalty for misrepresentation

-STATUTE-
    (a) Felony; fine; imprisonment
      (1) Any claimant or representative 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 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
    subsection.
    (b) List of persons disqualified from representing claimants
      (1) No representation fee of a claimant's representative 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 representing claimants under this chapter
    maintained 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
    procedure 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
      representations, concealing or attempting to conceal material
      facts with respect to a claim, or soliciting or otherwise
      procuring false testimony;
        (iii) has been prohibited from representing claimants before
      any other workers' compensation agency for reasons of
      professional misconduct which are similar in nature to those
      which would be grounds for disqualification under this paragraph;
      or
        (iv) has accepted fees for representing claimants under this
      chapter which were not approved, or which were in excess of the
      amount approved pursuant to section 928 of this title.

      (C) Notwithstanding subparagraph (B), no individual who is on the
    list required to be maintained 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 reasonable
    assurance that the basis for the determination will not reoccur.
      (3) No employee shall be liable to pay a representation 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 employer, his duly
    authorized agent, or an employee of an insurance carrier who
    knowingly and willfully makes a false statement or representation
    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 punished by a fine
    not to exceed $10,000, by imprisonment not to exceed five years, or
    by both.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 31, 44 Stat. 1439; Pub. L. 98-426,
    Sec. 19, Sept. 28, 1984, 98 Stat. 1650.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426 designated existing provisions as subsec.
    (a)(1), substituted "Any claimant or representative 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
    imprisonment 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 obtaining 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).

                     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.

-End-



-CITE-
    33 USC Sec. 932                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 932. Security for compensation

-STATUTE-
      (a) Every employer shall secure the payment of compensation under
    this chapter - 
        (1) By insuring and keeping insured the payment of such
      compensation with any stock company or mutual company or
      association, or with any other person or fund, while such person
      or fund is authorized (A) under the laws of the United States or
      of any State, to insure workmen's compensation, and (B) by the
      Secretary, to insure payment of compensation under this chapter;
      or
        (2) By furnishing satisfactory proof to the Secretary of his
      financial ability to pay such compensation and receiving an
      authorization from the Secretary to pay such compensation
      directly. The Secretary may, as a condition to such
      authorization, require such employer to deposit in a depository
      designated by the Secretary either an indemnity bond or
      securities (at the option of the employer) of a kind and in an
      amount determined by the Secretary, based on the employer's
      financial condition, the employer's previous record of payments,
      and other relevant factors, and subject to such conditions as the
      Secretary may prescribe, which shall include authorization to the
      Secretary in case of default to sell any such securities
      sufficient to pay compensation awards or to bring suit upon such
      bonds, to procure prompt payment of compensation under this
      chapter. Any employer securing compensation in accordance with
      the provisions of this paragraph shall be known as a self-
      insurer.

      (b) In granting authorization to any carrier to insure payment of
    compensation under this chapter the Secretary may take into
    consideration the recommendation of any State authority having
    supervision over carriers or over workmen's compensation, and may
    authorize any carrier to insure the payment of compensation under
    this chapter in a limited territory. Any marine protection and
    indemnity mutual insurance corporation or association, authorized
    to write insurance against liability for loss or damage from
    personal injury and death, and for other losses and damages,
    incidental to or in respect of the ownership, operation, or
    chartering of vessels on a mutual assessment plan, shall be deemed
    a qualified carrier to insure compensation under this chapter. The
    Secretary may suspend or revoke any such authorization for good
    cause shown after a hearing at which the carrier shall be entitled
    to be heard in person or by counsel and to present evidence. No
    suspension or revocation shall affect the liability of any carrier
    already incurred.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 32, 44 Stat. 1439; Pub. L. 98-426,
    Secs. 20, 27(a)(2), Sept. 28, 1984, 98 Stat. 1652, 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a)(1). Pub. L. 98-426, Sec. 27(a)(2), substituted
    "Secretary" for "commission". See Transfer of Functions note set
    out under section 902 of this title.
      Subsec. (a)(2). Pub. L. 98-426, Sec. 20, inserted "based on the
    employer's financial condition, the employer's previous record of
    payments, and other relevant factors," after "in an amount
    determined by the commission,".
      Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for
    "commission". See Transfer of Functions note set out under section
    902 of this title.
      Subsec. (b). Pub. L. 98-426, Sec. 27(a)(2), substituted
    "Secretary" for "commission". See Transfer of Functions note set
    out under section 902 of this title.

                     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.

-End-



-CITE-
    33 USC Sec. 933                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 933. Compensation for injuries where third persons are liable

-STATUTE-
    (a) Election of remedies
      If on account of a disability or death for which compensation is
    payable under this chapter the person entitled to such compensation
    determines that some person other than the employer or a person or
    persons in his employ is liable in damages, he need not elect
    whether to receive such compensation or to recover damages against
    such third person.
    (b) Acceptance of compensation operating as assignment
      Acceptance of compensation under an award in a compensation order
    filed by the deputy commissioner, an administrative law judge, or
    the Board shall operate as an assignment to the employer of all
    rights of the person entitled to compensation to recover damages
    against such third person unless such person shall commence an
    action against such third person within six months after such
    acceptance. If the employer fails to commence an action against
    such third person within ninety days after the cause of action is
    assigned under this section, the right to bring such action shall
    revert to the person entitled to compensation. For the purpose of
    this subsection, the term "award" with respect to a compensation
    order means a formal order issued by the deputy commissioner, an
    administrative law judge, or Board.
    (c) Payment into section 944 fund operating as assignment
      The payment of such compensation into the fund established in
    section 944 of this title shall operate as an assignment to the
    employer of all right of the legal representative of the deceased
    (hereinafter referred to as "representative") to recover damages
    against such third person.
    (d) Institution of proceedings or compromise by assignee
      Such employer on account of such assignment may either institute
    proceedings for the recovery of such damages or may compromise with
    such third person either without or after instituting such
    proceeding.
    (e) Recoveries by assignee
      Any amount recovered by such employer on account of such
    assignment, whether or not as the result of a compromise, shall be
    distributed as follows:
        (1) The employer shall retain an amount equal to - 
          (A) the expenses incurred by him in respect to such
        proceedings or compromise (including a reasonable attorney's
        fee as determined by the deputy commissioner or Board);
          (B) the cost of all benefits actually furnished by him to the
        employee under section 907 of this title;
          (C) all amounts paid as compensation;
          (D) the present value of all amounts thereafter payable as
        compensation, such present value to be computed in accordance
        with a schedule prepared by the Secretary, and the present
        value of the cost of all benefits thereafter to be furnished
        under section 907 of this title, to be estimated by the deputy
        commissioner, and the amounts so computed and estimated to be
        retained by the employer as a trust fund to pay such
        compensation and the cost of such benefits as they become due,
        and to pay any sum finally remaining in excess thereof to the
        person entitled to compensation or to the representative; and

        (2) The employer shall pay any excess to the person entitled to
      compensation or to the representative.
    (f) Institution of proceedings by person entitled to compensation
      If the person entitled to compensation institutes proceedings
    within the period prescribed in subsection (b) of this section the
    employer shall be required to pay as compensation under this
    chapter a sum equal to the excess of the amount which the Secretary
    determines is payable on account of such injury or death over the
    net amount recovered against such third person. Such net amount
    shall be equal to the actual amount recovered less the expenses
    reasonably incurred by such person in respect to such proceedings
    (including reasonable attorneys' fees).
    (g) Compromise obtained by person entitled to compensation
      (1) If the person entitled to compensation (or the person's
    representative) enters into a settlement with a third person
    referred to in subsection (a) of this section for an amount less
    than the compensation to which the person (or the person's
    representative) would be entitled under this chapter, the employer
    shall be liable for compensation as determined under subsection (f)
    of this section only if written approval of the settlement is
    obtained from the employer and the employer's carrier, before the
    settlement is executed, and by the person entitled to compensation
    (or the person's representative). The approval shall be made on a
    form provided by the Secretary and shall be filed in the office of
    the deputy commissioner within thirty days after the settlement is
    entered into.
      (2) If no written approval of the settlement is obtained and
    filed as required by paragraph (1), or if the employee fails to
    notify the employer of any settlement obtained from or judgment
    rendered against a third person, all rights to compensation and
    medical benefits under this chapter shall be terminated, regardless
    of whether the employer or the employer's insurer has made payments
    or acknowledged entitlement to benefits under this chapter.
      (3) Any payments by the special fund established under section
    944 of this title shall be a lien upon the proceeds of any
    settlement obtained from or judgment rendered against a third
    person referred to under subsection (a) of this section.
    Notwithstanding any other provision of law, such lien shall be
    enforceable against such proceeds, regardless of whether the
    Secretary on behalf of the special fund has agreed to or has
    received actual notice of the settlement or judgment.
      (4) Any payments by a trust fund described in section 917 of this
    title shall be a lien upon the proceeds of any settlement obtained
    from or judgment recorded against a third person referred to under
    subsection (a) of this section. Such lien shall have priority over
    a lien under paragraph (3) of this subsection.
    (h) Subrogation
      Where the employer is insured and the insurance carrier has
    assumed the payment of the compensation, the insurance carrier
    shall be subrogated to all the rights of the employer under this
    section.
    (i) Right to compensation as exclusive remedy
      The right to compensation or benefits under this chapter shall be
    the exclusive remedy to an employee when he is injured, or to his
    eligible survivors or legal representatives if he is killed, by the
    negligence or wrong of any other person or persons in the same
    employ: Provided, That this provision shall not affect the
    liability of a person other than an officer or employee of the
    employer.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 33, 44 Stat. 1440; June 25, 1938, ch.
    685, Secs. 12, 13, 52 Stat. 1168; Pub. L. 86-171, Aug. 18, 1959, 73
    Stat. 391; Pub. L. 92-576, Sec. 15(f)-(h), Oct. 27, 1972, 86 Stat.
    1262; Pub. L. 98-426, Sec. 21, Sept. 28, 1984, 98 Stat. 1652.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-426, Sec. 21(a), substituted
    "Acceptance of compensation under an award in a compensation order
    filed by the deputy commissioner, an administrative law judge, or
    the Board shall operate as an assignment to the employer of all
    rights of the person entitled to compensation to recover damages
    against such third person unless such person shall commence an
    action against such third person within six months after such
    acceptance" for "Acceptance of such compensation under an award in
    a compensation order filed by the deputy commissioner or Board
    shall operate as an assignment to the employer of all right of the
    person entitled to compensation to recover damages against such
    third person unless such person shall commence an action against
    such third person within six months after such award" and inserted
    at end "If the employer fails to commence an action against such
    third person within ninety days after the cause of action is
    assigned under this section, the right to bring such action shall
    revert to the person entitled to compensation. For the purpose of
    this subsection, the term 'award' with respect to a compensation
    order means a formal order issued by the deputy commissioner, an
    administrative law judge, or Board."
      Subsec. (e)(2). Pub. L. 98-426, Sec. 21(b), struck out ", less
    one-fifth of such excess which shall belong to the employer" after
    "or to the representative".
      Subsec. (f). Pub. L. 98-426, Sec. 21(c)(1), inserted "net" before
    "amount recovered".
      Pub. L. 98-426, Sec. 21(c)(2), inserted at end "Such net amount
    shall be equal to the actual amount recovered less the expenses
    reasonably incurred by such person in respect to such proceedings
    (including reasonable attorneys' fees)."
      Subsec. (g). Pub. L. 98-426, Sec. 21(d), designated existing
    provisions as par. (1), substituted "If the person entitled to
    compensation (or the person's representative) enters into a
    settlement with a third person referred to in subsection (a) of
    this section for an amount less than the compensation to which the
    person (or the person's representative) would be entitled under
    this chapter, the employer shall be liable for compensation as
    determined under subsection (f) of this section only if written
    approval of the settlement is obtained from the employer and the
    employer's carrier, before the settlement is executed, and by the
    person entitled to compensation (or the person's representative)"
    for "If compromise with such third person is made by the person
    entitled to compensation or such representative of an amount less
    than the compensation to which such person or representative would
    be entitled to under this chapter the employer shall be liable for
    compensation as determined in subsection (f) of this section only
    if the written approval of such compromise is obtained from the
    employer and its insurance carrier by the person entitled to
    compensation or such representative at the time of or prior to such
    compromise on a form provided by the Secretary and filed in the
    office of the deputy commissioner having jurisdiction of such
    injury or death within thirty days after such compromise is made",
    inserted at end "The approval shall be made on a form provided by
    the Secretary and shall be filed in the office of the deputy
    commissioner within thirty days after the settlement is entered
    into.", and added pars. (2) to (4).
      1972 - Subsecs. (b), (e)(1)(A). Pub. L. 92-576, Sec. 15(f), (g),
    inserted "or Board" after "deputy commissioner".
      Subsec. (g). Pub. L. 92-576, Sec. 15(h), substituted "if the
    written approval of such compromise is obtained from the employer
    and its insurance carrier by the person entitled to compensation or
    such representative at the time of or prior to such compromise on a
    form provided by the Secretary and filed in the office of the
    deputy commissioner having jurisdiction of such injury or death
    within thirty days after such compromise is made" for "if such
    compromise is made with his written approval".
      1959 - Subsec. (a). Pub. L. 86-171 inserted "or a person or
    persons in his employ" after "employer" and substituted "he need
    not elect whether" for "he may elect, by giving notice to the
    deputy commissioner in such manner as the Secretary may provide,".
      Subsec. (b). Pub. L. 86-171 inserted "unless such person shall
    commence an action against such third person within six months
    after such award".
      Subsec. (c). Pub. L. 86-171 struck out ", whether or not the
    representative has notified the deputy commissioner of his
    election" after "third person".
      Subsec. (d). Pub. L. 86-171 reenacted subsec. (d) without change.
      Subsec. (e). Pub. L. 86-171 substituted "Secretary" for
    "Commission" in par. (1)(D) and inserted in par. (2) "less one-
    fifth of such excess which shall belong to the employer".
      Subsec. (f). Pub. L. 86-171 struck out "or the representative
    elects to recover damages against such third person and notifies
    the Secretary of his election and" before "institutes" and
    substituted "subsection (b) of this section" for "section 913 of
    this title" and "Secretary" for "Commission".
      Subsec. (g). Pub. L. 86-171 corrected reference to "subsection
    (e)" to read "subsection (f)".
      Subsecs. (h), (i). Pub. L. 86-171 redesignated subsec. (i) as (h)
    and struck out former subsec. (h) that permitted the deputy
    commissioner to make an election for a minor or to authorize the
    parent or guardian to make the election.
      1938 - Subsec. (b). Act June 25, 1938, Sec. 12, inserted "under
    an award in a compensation order filed by the deputy commissioner"
    and struck out ", whether or not the person entitled to
    compensation has notified the deputy commissioner of his election"
    at end of sentence.
      Subsec. (e). Act June 25, 1938, Sec. 12, redesignated par. (1)(C)
    as par. (1)(C) and (D) and included in said par. (1)(D) the present
    value of the cost of benefits furnished.
      Subsec. (i). Act June 25, 1938, Sec. 13, added subsec. (i).

                     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 section 28(a) 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.

-End-



-CITE-
    33 USC Sec. 934                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 934. Compensation notice

-STATUTE-
      Every employer who has secured compensation under the provisions
    of this chapter shall keep posted in a conspicuous place or places
    in and about his place or places of business typewritten or printed
    notices, in accordance with a form prescribed by the Secretary,
    stating that such employer has secured the payment of compensation
    in accordance with the provisions of this chapter. Such notices
    shall contain the name and address of the carrier, if any, with
    whom the employer has secured payment of compensation and the date
    of the expiration of the policy.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 34, 44 Stat. 1441; Pub. L. 98-426,
    Sec. 27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426 substituted "Secretary" for "commission".
    See Transfer of Functions note set out under section 902 of this
    title.

                     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.

-End-



-CITE-
    33 USC Sec. 935                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 935. Substitution of carrier for employer

-STATUTE-
      In any case where the employer is not a self-insurer, in order
    that the liability for compensation imposed by this chapter may be
    most effectively discharged by the employer, and in order that the
    administration of this chapter in respect of such liability may be
    facilitated, the Secretary shall by regulation provide for the
    discharge, by the carrier for such employer, of such obligations
    and duties of the employer in respect to such liability, imposed by
    this chapter upon the employer, as it considers proper in order to
    effectuate the provisions of this chapter. For such purposes (1)
    notice to or knowledge of an employer of the occurrence of the
    injury shall be notice to or knowledge of the carrier, (2)
    jurisdiction of the employer by a deputy commissioner, the Board,
    or the Secretary, or any court under this chapter shall be
    jurisdiction of the carrier, and (3) any requirement by a deputy
    commissioner, the Board, or the Secretary, or any court under any
    compensation order, finding, or decision shall be binding upon the
    carrier in the same manner and to the same extent as upon the
    employer.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 35, 44 Stat. 1441; Pub. L. 92-576,
    Sec. 15(i), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec.
    27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426 substituted "Secretary" for "commission".
    See Transfer of Functions note set out under section 902 of this
    title.
      1972 - Pub. L. 92-576 inserted reference to the Board in cls. (2)
    and (3).

                     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.

-End-



-CITE-
    33 USC Sec. 936                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 936. Insurance policies

-STATUTE-
      (a) Every policy or contract of insurance issued under authority
    of this chapter shall contain (1) a provision to carry out the
    provisions of section 935 of this title, and (2) a provision that
    insolvency or bankruptcy of the employer and/or discharge therein
    shall not relieve the carrier from payment of compensation for
    disability or death sustained by an employee during the life of
    such policy or contract.
      (b) No contract or policy of insurance issued by a carrier under
    this chapter shall be canceled prior to the date specified in such
    contract or policy for its expiration until at least thirty days
    have elapsed after a notice of cancellation has been sent to the
    deputy commissioner and to the employer in accordance with the
    provisions of subsection (c) of section 912 of this title.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 36, 44 Stat. 1441.)

-End-



-CITE-
    33 USC Sec. 937                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 937. Certificate of compliance with chapter

-STATUTE-
      No stevedoring firm shall be employed in any compensation
    district by a vessel or by hull owners until it presents to such
    vessel or hull owners a certificate issued by a deputy commissioner
    assigned to such district that it has complied with the provisions
    of this chapter requiring the securing of compensation to its
    employees. Any person violating the provisions of this section
    shall be punished by a fine of not more than $1,000, or by
    imprisonment for not more than one year, or by both such fine and
    imprisonment.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 37, 44 Stat. 1442.)

-End-



-CITE-
    33 USC Sec. 938                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 938. Penalties

-STATUTE-
    (a) Failure to secure payment of compensation
      Any employer required to secure the payment of compensation under
    this chapter who fails to secure such compensation shall be guilty
    of a misdemeanor and, upon conviction thereof, shall be punished by
    a fine of not more than $10,000, or by imprisonment for not more
    than one year, or by both such fine and imprisonment; and in any
    case where such employer is a corporation, the president,
    secretary, and treasurer thereof shall be also severally liable to
    such fine or imprisonment as herein provided for the failure of
    such corporation to secure the payment of compensation; and such
    president, secretary, and treasurer shall be severally personally
    liable, jointly with such corporation, for any compensation or
    other benefit which may accrue under the said chapter in respect to
    any injury which may occur to any employee of such corporation
    while it shall so fail to secure the payment of compensation as
    required by section 932 of this title.
    (b) Avoiding payment of compensation
      Any employer who knowingly transfers, sells, encumbers, assigns,
    or in any manner disposes of, conceals, secretes, or destroys any
    property belonging to such employer, after one of his employees has
    been injured within the purview of this chapter, and with intent to
    avoid the payment of compensation under this chapter to such
    employee or his dependents, shall be guilty of a misdemeanor and,
    upon conviction thereof, shall be punished by a fine of not more
    than $10,000, or by imprisonment for not more than one year, or by
    both such fine and imprisonment; and in any case where such
    employer is a corporation, the president, secretary, and treasurer
    thereof shall be also severally liable to such penalty of
    imprisonment as well as jointly liable with such corporation for
    such fine.
    (c) Effect on other liability of employer
      This section shall not affect any other liability of the employer
    under this chapter.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 38, 44 Stat. 1442; June 25, 1938, ch.
    685, Sec. 14, 52 Stat. 1168; Pub. L. 98-426, Sec. 22, Sept. 28,
    1984, 98 Stat. 1653.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsecs. (a), (b). Pub. L. 98-426 substituted "$10,000"
    for "$1,000" wherever appearing.
      1938 - Act June 25, 1938, amended section generally, designating
    first sentence as subsec. (a) and inserting provisions respecting
    liability of corporate officers, adding subsec. (b), and
    designating second sentence as subsec. (c).

                     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.

-End-



-CITE-
    33 USC Sec. 939                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 939. Administration by Secretary

-STATUTE-
    (a) Prescribing rules and regulations; appointing and fixing
      compensation of employees; making expenditures
      Except as otherwise specifically provided, the Secretary shall
    administer the provisions of this chapter, and for such purpose the
    Secretary is authorized (1) to make such rules and regulations; (2)
    to appoint and fix the compensation of such temporary technical
    assistants and medical advisers, and, subject to the provisions of
    the civil service laws, to appoint, and, in accordance with chapter
    51 and subchapter III of chapter 53 of title 5, to fix the
    compensation of such deputy commissioners (except deputy
    commissioners appointed under subsection (a) of section 940 of this
    title) and other officers and employees; and (3) to make such
    expenditures (including expenditures for personal services and rent
    at the seat of government and elsewhere, for law books, books of
    reference, periodicals, and for printing and binding) as may be
    necessary in the administration of this chapter. All expenditures
    of the Secretary in the administration of this chapter shall be
    allowed and paid as provided in section 945 (!1) of this title upon
    the presentation of itemized vouchers therefor approved by the
    Secretary.

    (b) Establishing compensation districts
      The Secretary shall establish compensation districts, to include
    the high seas and the areas within the United States to which this
    chapter applies, and shall assign to each such district one or more
    deputy commissioners, as the Secretary deems advisable. Judicial
    proceedings under sections 918 and 921 of this title in respect of
    any injury or death occurring on the high seas shall be instituted
    in the district court within whose territorial jurisdiction is
    located the office of the deputy commissioner having jurisdiction
    in respect of such injury or death (or in the United States
    District Court for the District of Columbia if such office is
    located in such District).
    (c) Furnishing information and assistance; directing vocational
      rehabilitation
      (1) The Secretary shall, upon request, provide persons covered by
    this chapter with information and assistance relating to the
    chapter's coverage and compensation and the procedures for
    obtaining such compensation and including assistance in processing
    a claim. The Secretary may, upon request, provide persons covered
    by this chapter with legal assistance in processing a claim. The
    Secretary shall also provide employees receiving compensation
    information on medical, manpower, and vocational rehabilitation
    services and assist such employees in obtaining the best such
    services available.
      (2) The Secretary shall direct the vocational rehabilitation of
    permanently disabled employees and shall arrange with the
    appropriate public or private agencies in States or Territories,
    possessions, or the District of Columbia for such rehabilitation.
    The Secretary may in his discretion furnish such prosthetic
    appliances or other apparatus made necessary by an injury upon
    which an award has been made under this chapter to render a
    disabled employee fit to engage in a remunerative occupation. Where
    necessary rehabilitation services are not available otherwise, the
    Secretary of Labor may, in his discretion, use the fund provided
    for in section 944 of this title in such amounts as may be
    necessary to procure such services, including necessary prosthetic
    appliance or other apparatus. This fund shall also be available in
    such amounts as may be authorized in annual appropriations for the
    Department of Labor for the costs of administering this subsection.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 39, 44 Stat. 1442; June 25, 1936, ch.
    804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.
    991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Oct. 28, 1949,
    ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; July 26, 1956, ch.
    735, Sec. 7, 70 Stat. 656; Pub. L. 92-576, Sec. 17, Oct. 27, 1972,
    86 Stat. 1262; Pub. L. 98-426, Sec. 27(a)(2), (c), Sept. 28, 1984,
    98 Stat. 1654.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (a), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      Section 945 of this title, referred to in subsec. (a), was
    repealed by Pub. L. 98-426, Sec. 25, Sept. 28, 1984, 98 Stat. 1654.
    See section 944 of this title.

-COD-
                               CODIFICATION                           
      In subsec. (a) "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification Act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees.
      As originally enacted, subsec. (b) contained a reference to the
    Supreme Court of the District of Columbia. 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,
    substituted "United States District Court for the District of
    Columbia" for "district court of the United States for the District
    of Columbia".
      Former second sentence of subsec. (c), providing that the Federal
    Board for Vocational Education should cooperate with the Employees'
    Compensation Commission in such educational work has been omitted.
    The functions of the Board were transferred to the Department of
    the Interior by Ex. Ord. No. 6166, Sec. 15, June 10, 1933, and then
    to the Federal Security Agency by Reorg. Plan No. 1 of 1939, Secs.
    201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424. The
    Commission was abolished and its functions transferred to the
    Federal Security Administrator and the Federal Board for Vocational
    Education was abolished by Reorg. Plan No. 2 of 1946, former
    sections 3 and 8, respectively, set out in the Appendix to Title 5,
    Government Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-426, Sec. 27(c), substituted
    "Secretary" for "United States Employees' Compensation Commission".
    See Transfer of Functions note set out under section 902 of this
    title.
      Subsecs. (b), (c)(2). Pub. L. 98-426, Sec. 27(a)(2), substituted
    "Secretary" for "commission". See Transfer of Functions note set
    out under section 902 of this title.
      1972 - Subsec. (c). Pub. L. 92-576 added par. (1) and
    redesignated existing provisions as par. (2).
      1956 - Subsec. (c). Act July 26, 1956, substituted
    "rehabilitation" for "education" at end of first sentence, and
    substituted last two sentences, relating to use of special fund
    where necessary rehabilitation services are not available, and
    availability of fund in amounts authorized annually for the
    Department of Labor for former sentence which provided that "If any
    surplus is left in any fiscal year in the fund provided for in
    section 944 of this title, such surplus may be used in subsequent
    fiscal years for the purposes of administration and investigation."
      1949 - Subsec. (a). Act Oct. 28, 1949, substituted
    "Classification Act of 1949" for "Classification Act of 1923".

                     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.

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    33 USC Sec. 940                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 940. Deputy commissioners

-STATUTE-
    (a) Appointment; use of personnel and facilities of boards,
      commissions, or other agencies; expenses and salaries
      The Secretary may appoint as deputy commissioners any member of
    any board, commission, or other agency of a State to act as deputy
    commissioner for any compensation district or part thereof in such
    State, and may make arrangements with such board, commission, or
    other agency for the use of the personnel and facilities thereof in
    the administration of this chapter. The Secretary may make such
    arrangements as may be deemed advisable by him for the payment of
    expenses of such board, commission, or other agency, incurred in
    the administration of this chapter pursuant to this section, and
    for the payment of salaries to such board, commission, or other
    agency, or the members thereof, and may pay any amounts agreed upon
    to the proper officers of the State, upon vouchers approved by the
    Secretary.
    (b) Appointment in Territories and District of Columbia;
      compensation
      In any Territory of the United States or in the District of
    Columbia a person holding an office under the United States may be
    appointed deputy commissioner and for services rendered as deputy
    commissioner may be paid compensation, in addition to that he is
    receiving from the United States, in an amount fixed by the
    Secretary in accordance with chapter 51 and subchapter III of
    chapter 53 of title 5.
    (c) Transfers to other districts; temporary details
      Deputy commissioners (except deputy commissioners appointed under
    subsection (a) of this section) may be transferred from one
    compensation district to another and may be temporarily detailed
    from one compensation district for service in another in the
    discretion of the Secretary.
    (d) Maintaining offices
      Each deputy commissioner shall maintain and keep open during
    reasonable business hours an office, at a place designated by the
    Secretary, for the transaction of business under this chapter, at
    which office he shall keep his official records and papers. Such
    office shall be furnished and equipped by the Secretary, who shall
    also furnish the deputy commissioner with all necessary clerical
    and other assistants, records, books, blanks, and supplies.
    Wherever practicable such office shall be located in a building
    owned or leased by the United States; otherwise the Secretary shall
    rent suitable quarters.
    (e) Records and papers
      If any deputy commissioner is removed from office, or for any
    reason ceases to act as such deputy commissioner, all of his
    official records and papers and office equipment shall be
    transferred to his successor in office or, if there be no
    successor, then to the Secretary or to a deputy commissioner
    designated by the Secretary.
    (f) Conflict of interest
      Neither a deputy commissioner or Board member nor any business
    associate of a deputy commissioner or Board member shall appear as
    attorney in any proceeding under this chapter, and no deputy
    commissioner or Board member shall act in any such case in which he
    is interested, or when he is employed by any party in interest or
    related to any party in interest by consanguinity or affinity
    within the third degree, as determined by the common law.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 40, 44 Stat. 1443; Oct. 28, 1949, ch.
    782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 92-576, Sec.
    15(j), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-426, Sec. 27(a)(2),
    Sept. 28, 1984, 98 Stat. 1654.)

-COD-
                               CODIFICATION                           
      In subsec. (b) "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification Act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1984 - Subsecs. (a) to (e). Pub. L. 98-426 substituted
    "Secretary" for "commission". See Transfer of Functions note set
    out under section 902 of this title.
      1972 - Subsec. (f). Pub. L. 92-576 inserted references to Board
    member.
      1949 - Subsec. (b). Act Oct. 28, 1949, substituted
    "Classification Act of 1949" for "Classification Act of 1923".

                     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.

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions to the Secretary of Labor, see note set
    out under section 902 of this title.

-End-



-CITE-
    33 USC Sec. 941                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 941. Safety rules and regulations

-STATUTE-
    (a) Safe place of employment; installation of safety devices and
      safeguards
      Every employer shall furnish and maintain employment and places
    of employment which shall be reasonably safe for his employees in
    all employments covered by this chapter and shall install, furnish,
    maintain, and use such devices and safeguards with particular
    reference to equipment used by and working conditions established
    by such employers as the Secretary may determine by regulation or
    order to be reasonably necessary to protect the life, health, and
    safety of such employees, and to render safe such employment and
    places of employment, and to prevent injury to his employees.
    However, the Secretary may not make determinations by regulation or
    order under this section as to matters within the scope of title 52
    of the Revised Statutes and Acts supplementary or amendatory
    thereto, the Act of June 15, 1917 (ch. 30, 40 Stat. 220), as
    amended, or section 1333(e) of title 43.
    (b) Studies and investigations by Secretary
      The Secretary, in enforcing and administering the provisions of
    this section, is authorized in addition to such other powers and
    duties as are conferred upon him - 
        (1) to make studies and investigations with respect to safety
      provisions and the causes and prevention of injuries in
      employments covered by this chapter, and in making such studies
      and investigations to cooperate with any agency of the United
      States or with any State agency engaged in similar work;
        (2) to utilize the services of any agency of the United States
      or any State agency engaged in similar work (with the consent of
      such agency) in connection with the administration of this
      section;
        (3) to promote uniformity in safety standards in employments
      covered by this chapter through cooperative action with any
      agency of the United States or with any State agency engaged in
      similar work;
        (4) to provide for the establishment and supervision of
      programs for the education and training of employers and
      employees in the recognition, avoidance, and prevention of unsafe
      working conditions in employments covered by this chapter, and to
      consult with and advise employers as to the best means of
      preventing injuries;
        (5) to hold such hearings, issue such orders, and make such
      decisions, based upon findings of fact, as are deemed to be
      necessary to enforce the provisions of this section, and for such
      purposes the Secretary and the district courts shall have the
      authority and jurisdiction provided by section 39 of title 41,
      and the Secretary shall be represented in any court proceedings
      as provided in section 921a of this title.
    (c) Inspection of places and practices of employment
      The Secretary or his authorized representative may inspect such
    places of employment, question such employees, and investigate such
    conditions, practices, or matters in connection with employment
    subject to this chapter, as he may deem appropriate to determine
    whether any person has violated any provision of this section, or
    any rule or regulation issued thereunder, or which may aid in the
    enforcement of the provisions of this section. No employer or other
    person shall refuse to admit the Secretary or his authorized
    representatives to any such place or shall refuse to permit any
    such inspection.
    (d) Requests for advice; variations from safety rules and
      regulations
      Any employer may request the advice of the Secretary or his
    authorized representative, in complying with the requirements of
    any rule or regulation adopted to carry out the provisions of this
    section. In case of practical difficulties or unnecessary
    hardships, the Secretary in his discretion may grant variations
    from any such rule or regulation, or particular provisions thereof,
    and permit the use of other or different devices if he finds that
    the purpose of the rule or regulation will be observed by the
    variation and the safety of employees will be equally secured
    thereby. Any person affected by such rule or regulation, or his
    agent, may request the Secretary to grant such variation, stating
    in writing the grounds on which his request is based. Any
    authorization by the Secretary of a variation shall be in writing,
    shall describe the conditions under which the variation shall be
    permitted, and shall be published as provided in section 552 of
    title 5. A properly indexed record of all variations shall be kept
    in the office of the Secretary and open to public inspection.
    (e) Jurisdiction to restrain violations
      The United States district courts shall have jurisdiction for
    cause shown, in any action brought by the Secretary, represented as
    provided in section 921a of this title, to restrain violations of
    this section or of any rule, regulation, or order of the Secretary
    adopted to carry out the provisions of this section.
    (f) Violations and penalties
      Any employer who, willfully, violates or fails or refuses to
    comply with the provisions of subsection (a) of this section, or
    with any lawful rule, regulation, or order adopted to carry out the
    provisions of this section, and any employer or other person who
    willfully interferes with, hinders, or delays the Secretary or his
    authorized representative in carrying out his duties under
    subsection (c) of this section by refusing to admit the Secretary
    or his authorized representative to any place, or to permit the
    inspection or examination of any employment or place of employment,
    or who willfully hinders or delays the Secretary or his authorized
    representative in the performance of his duties in the enforcement
    of this section, shall be guilty of an offense, and, upon
    conviction thereof, shall be punished for each offense by a fine of
    not less than $100 nor more than $3,000; and in any case where such
    employer is a corporation, the officer who willfully permits any
    such violation to occur shall be guilty of an offense, and, upon
    conviction thereof, shall be punished also for each offense by a
    fine of not less than $100 nor more than $3,000. The liability
    hereunder shall not affect any other liability of the employer
    under this chapter.
    (g) Inapplicability to certain employments
      (1) The provisions of this section shall not apply in the case of
    any employment relating to the operations for the exploration,
    production, or transportation by pipeline of mineral resources upon
    the navigable waters of the United States, nor under the authority
    of the Act of August 7, 1953 (ch. 345, 67 Stat. 462) [43 U.S.C.
    1331 et seq.], nor in the case of any employment in connection with
    lands (except filled in, made or reclaimed lands) beneath the
    navigable waters as defined in the Act of May 22, 1953 (ch. 65, 67
    Stat. 29) [43 U.S.C. 1301 et seq.], nor in the case of any
    employment for which compensation in case of disability or death is
    provided for employees under the authority of the Act of May 17,
    1928 (ch. 612, 45 Stat. 600), as amended, nor under the authority
    of the Act of August 16, 1941 (ch. 357, 55 Stat. 622), as amended
    [42 U.S.C. 1651 et seq.].
      (2) The provisions of this section, with the exception of
    paragraph (1) of subsection (b) of this section, shall not be
    applied under the authority of subchapter I of chapter 81 of title
    5.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 41, 44 Stat. 1444; Pub. L. 85-742,
    Sec. 1, Aug. 23, 1958, 72 Stat. 835; Pub. L. 97-375, title I, Sec.
    110(b), Dec. 21, 1982, 96 Stat. 1820.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title 52 of the Revised Statutes, referred to in subsec. (a),
    consisted of R.S. Secs. 4399 to 4500, which were classified to
    sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234,
    239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391,
    391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453,
    460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of former
    Title 46, Shipping. For complete classification of R.S. Secs. 4399
    to 4500 to the Code, see Tables. A majority of such sections of the
    Revised Statutes were repealed and various provisions thereof were
    reenacted in Title 46, Shipping, by Pub. L. 98-89, Aug. 26, 1983,
    97 Stat. 500. For disposition of sections of former Title 46 into
    revised Title 46, see Disposition Table preceding section 101 of
    Title 46.
      Act of June 15, 1917, referred to in subsec. (a), is act June 15,
    1917, ch. 30, 40 Stat. 217, as amended. For complete classification
    of this Act to the Code, see Tables.
      Act of August 7, 1953, referred to in subsec. (g)(1), is known as
    the Outer Continental Shelf Lands Act, and is classified to
    subchapter III (Sec. 1331 et seq.) of chapter 29 of Title 43,
    Public Lands. For complete classification of this Act to the Code,
    see Short Title note set out under section 1331 of Title 43 and
    Tables.
      Act of May 22, 1953, referred to in subsec. (g)(1), is known as
    the Submerged Lands Act, and is classified generally to subchapters
    I and II (Secs. 1301 et seq., 1311 et seq.) of chapter 29 of Title
    43. For complete classification of this Act to the Code, see Short
    Title note set out under section 1301 of Title 43 and Tables.
      Act of May 17, 1928, referred to in subsec. (g)(1), extended the
    applicability of this chapter in respect to the injury or death of
    an employee of an employer carrying on any employment in the
    District of Columbia.
      Act of August 16, 1941, referred to in subsec. (g)(1), is known
    as the Defense Base Act and is classified generally to chapter 11
    (Sec. 1651 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1651 of Title 42 and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (d) "section 552 of title 5" substituted for "section
    3 of the Administrative Procedure Act (ch. 324, 60 Stat. 237), as
    amended", and in subsec. (g)(2) "subchapter I of chapter 81 of
    title 5" substituted for "the Act of September 7, 1916 (ch. 458, 39
    Stat. 742), as amended", on authority of Pub. L. 89-554, Sec. 7(b),
    Sept. 6, 1966, 80 Stat. 631, the first section of which enacted
    Title 5, Government Organization and Employees. Said section 3 of
    the Administrative Procedure Act had been classified to section
    1002 of former Title 5, Executive Departments and Government
    Officers and Employees. Said act of Sept. 7, 1916, was known as the
    "Federal Employees' Compensation Act" and had been classified to
    section 751 et seq. of former Title 5.
      As originally enacted, subsec. (e) contained the phrase ",
    together with the District Court for the Territory of Alaska,"
    following "the United States district courts". The phrase has been
    deleted as superfluous in view of Pub. L. 85-508, July 7, 1958, 72
    Stat. 339 (set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions) which admitted Alaska into the
    union and enacted section 81A of Title 28, Judiciary and Judicial
    Procedure, constituting Alaska as one judicial district and in view
    of section 132 of Title 28 which provides that: "There shall be in
    each judicial district a district court which shall be a court of
    record known as the United States District Court for the district."


-MISC1-
                                AMENDMENTS                            
      1982 - Subsec. (b)(1). Pub. L. 97-375 struck out "and from time
    to time make to Congress such recommendations as he may deem proper
    as to the best means of preventing such injuries" after "by this
    chapter".
      1958 - Pub. L. 85-742 amended section generally and, among other
    changes, empowered the Secretary of Labor to prescribe, by
    regulation or order, safety rules for the furnishing and
    maintenance of safe places of employment and for the installation,
    furnishing and maintenance of safety devices and safeguards,
    authorized the Secretary to provide for the establishment and
    supervision of safety programs, permitted the inspection of places
    of employment and investigation of employment conditions and
    practices, granted jurisdiction to the district courts to restrain
    violations of this section or of any rules, regulations or orders
    of the Secretary, and to prescribe penalties for violations.

-CROSS-
                            "SECRETARY" DEFINED                        
      Section 2 of Pub. L. 85-742 provided that: "The term 'Secretary'
    as used in this Act and in amendments made by this Act [to this
    section] means the Secretary of Labor."

-End-



-CITE-
    33 USC Sec. 942                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 942. Annual report

-STATUTE-
      The Secretary shall make to Congress at the end of each fiscal
    year,(!1) a report of the administration of this chapter for the
    preceding fiscal year, including a detailed statement of receipts
    of and expenditures from the fund established in section 944 of
    this title, together with such recommendations as the Secretary
    deems advisable. Such report shall include the annual report
    required under section 936(b) of title 30 and shall be identified
    as the Annual Report of the Office of Workers' Compensation
    Programs.


-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 42, as added Pub. L. 98-426, Sec. 23,
    Sept. 28, 1984, 98 Stat. 1653; amended Pub. L. 104-66, title I,
    Sec. 1102(b)(1), Dec. 21, 1995, 109 Stat. 722.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 942, act Mar. 4, 1927, ch. 509, Sec. 42, 44 Stat.
    1444, related to travel and subsistence expenses. See section 5701
    et seq. of Title 5, Government Organization and Employees.

                                AMENDMENTS                            
      1995 - Pub. L. 104-66 substituted "end of each fiscal year" for
    "beginning of each regular session, commencing at the beginning of
    the second regular session after September 28, 1984" and inserted
    at end "Such report shall include the annual report required under
    section 936(b) of title 30 and shall be identified as the Annual
    Report of the Office of Workers' Compensation Programs."

                              EFFECTIVE DATE                          
      Section effective Sept. 28, 1984, see section 28(e)(1) of Pub. L.
    98-426, set out as an Effective Date of 1984 Amendment note under
    section 901 of this title.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    33 USC Sec. 943                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 943. Repealed.

-MISC1-
    Sec. 943. Repealed. Pub. L. 89-348, Sec. 1(15), Nov. 8, 1965, 79
      Stat. 1311.
      Section, act Mar. 4, 1927, ch. 509, Sec. 43, 44 Stat. 1444,
    required Secretary to make a report to Congress at beginning of
    each regular session of the administration of this chapter for
    preceding fiscal year, including a detailed statement of receipts
    of and expenditures from funds established in sections 944 and 945
    of this title.

-End-



-CITE-
    33 USC Sec. 944                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 944. Special fund

-STATUTE-
    (a) Establishment; administration; custody, trust
      There is established in the Treasury of the United States a
    special fund. Such fund shall be administered by the Secretary. The
    Treasurer of the United States shall be the custodian of such fund,
    and all moneys and securities in such fund shall be held in trust
    by such Treasurer and shall not be money or property of the United
    States.
    (b) Disbursements; bond of custodian
      The Treasurer is authorized to disburse moneys from such fund
    only upon order of the Secretary. He shall be required to give bond
    in an amount to be fixed and with securities to be approved by the
    Secretary of the Treasury and the Comptroller General of the United
    States conditioned upon the faithful performance of his duty as
    custodian of such fund.
    (c) Payments into fund
      Payments into such fund shall be made as follows:
        (1) Whenever the Secretary determines that there is no person
      entitled under this chapter to compensation for the death of an
      employee which would otherwise be compensable under this chapter,
      the appropriate employer shall pay $5,000 as compensation for the
      death of such an employee.
        (2) At the beginning of each calendar year the Secretary shall
      estimate the probable expenses of the fund during that calendar
      year and the amount of payments required (and the schedule
      therefor) to maintain adequate reserves in the fund. Each carrier
      and self-insurer shall make payments into the fund on a prorated
      assessment by the Secretary determined by - 
          (A) computing the ratio (expressed as a percent) of (i) the
        carrier's or self-insured's workers' compensation payments
        under this chapter during the preceding calendar year, to (ii)
        the total of such payments by all carriers and self-insureds
        under this chapter during such year;
          (B) computing the ratio (expressed as a percent) of (i) the
        payments under section 908(f) of this title during the
        preceding calendar year which are attributable to the carrier
        or self-insured, to (ii) the total of such payments during such
        year attributable to all carriers and self-insureds;
          (C) dividing the sum of the percentages computed under
        subparagraphs (A) and (B) for the carrier or self-insured by
        two; and
          (D) multiplying the percent computed under subparagraph (C)
        by such probable expenses of the fund (as determined under the
        first sentence of this paragraph).

        (3) All amounts collected as fines and penalties under the
      provisions of this chapter shall be paid into such fund.
    (d) Investigations; records, availability; recordkeeping;
      provisions of sections 49 and 50 of title 15 applicable to
      Secretary
      (1) For the purpose of making rules, regulations, and
    determinations under this section under and for providing
    enforcement thereof, the Secretary may investigate and gather
    appropriate data from each carrier and self-insurer. For that
    purpose, the Secretary may enter and inspect such places and
    records (and make such transcriptions thereof), question such
    employees, and investigate such facts, conditions, practices, or
    matters as he may deem necessary or appropriate.
      (2) Each carrier and self-insurer shall make, keep, and preserve
    such records, and make such reports and provide such additional
    information, as prescribed by regulation or order of the Secretary,
    as the Secretary deems necessary or appropriate to carry out his
    responsibilities under this section.
      (3) For the purpose of any hearing or investigation related to
    determinations or the enforcement of the provisions of this
    section, the provisions of sections 49 and 50 of title 15 (relating
    to the attendance of witnesses and the production of books, papers,
    and documents) are hereby made applicable to the jurisdiction,
    powers, and duties of the Secretary of Labor.
    (e) Depositories; investments
      The Treasurer of the United States shall deposit any moneys paid
    into such fund into such depository banks as the Secretary may
    designate and may invest any portion of the funds which, in the
    opinion of the Secretary, is not needed for current requirements,
    in bonds or notes of the United States or of any Federal land bank.
    (f) Limitation of liability
      Neither the United States nor the Secretary shall be liable in
    respect of payments authorized under section 908 of this title in
    an amount greater than the money or property deposited in or
    belonging to such fund.
    (g) Audit by Comptroller General; finality of payment
      determinations; credits of disbursing officers
      The Comptroller General of the United States shall audit the
    account for such fund, but the action of the Secretary in making
    payments from such fund shall be final and not subject to review,
    and the Comptroller General is authorized and directed to allow
    credit in the accounts of any disbursing officer of the Secretary
    for payments made from such fund authorized by the Secretary.
    (h) Civil actions for civil penalties and unpaid assessments
      All civil penalties and unpaid assessments provided for in this
    chapter shall be collected by civil suit brought by the Secretary.
    (i) Proceeds available for certain payments
      The proceeds of this fund shall be available for payments:
        (1) Pursuant to sections (!1) 910 of this title with respect to
      certain initial and subsequent annual adjustments in compensation
      for total permanent disability or death.

        (2) Under section 908(f) and (g), under section 918(b), and
      under section 939(c) of this title.
        (3) To repay the sums deposited in the fund pursuant to
      subsection (d) of this section.
        (4) To defray the expense of making examinations as provided in
      section 907(e) of this title.
    (j) Audit to Congress
      The fund shall be audited annually and the results of such audit
    shall be included in the annual report required by section 942 of
    this title.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 44, 44 Stat. 1444; July 26, 1956, ch.
    735, Sec. 8, 70 Stat. 656; Pub. L. 92-576, Sec. 8, Oct. 27, 1972,
    86 Stat. 1256; Pub. L. 98-426, Secs. 24, 27(a)(2), Sept. 28, 1984,
    98 Stat. 1653, 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsecs. (a), (b). Pub. L. 98-426, Sec. 27(a)(2),
    substituted "Secretary" for "commission". See Transfer of Functions
    note set out under section 902 of this title.
      Subsec. (c)(2). Pub. L. 98-426, Sec. 24(a), substituted
    provisions requiring that, at the beginning of each calendar year
    the Secretary estimate the probable expenses of the fund during
    that calendar year and the amount of payments required (and the
    schedule therefor) to maintain adequate reserves in the fund and
    that each carrier and self-insurer make payments into the fund on a
    prorated assessment by the Secretary determined by (A) computing
    the ratio (expressed as a percent) of (i) the carrier's or self-
    insured's workers' compensation payments under this chapter during
    the preceding calendar year, to (ii) the total of such payments by
    all carriers and self-insureds under this chapter during such year;
    (B) computing the ratio (expressed as a percent) of (i) the
    payments under section 908(f) of this title during the preceding
    calendar year which are attributable to the carrier or self-
    insured, to (ii) the total of such payments during such year
    attributable to all carriers and self-insureds; (C) dividing the
    sum of the percentages computed under (A) and (B) for the carrier
    or self-insured by two; and (D) multiplying the percent computed
    under (C) by such probable expenses of the fund (as determined
    under the first sentence of this paragraph) for provisions which
    had formerly required that at the beginning of each calendar year
    the Secretary estimate the probable expenses of the fund during
    that calendar year and each carrier or self-insurer make payments
    into the fund on a prorated assessment by the Secretary in the
    proportion that the total compensation and medical payments made on
    risks covered by this chapter by each carrier and self-insurer bore
    to the total of such payments made by all carriers and self-
    insurers under the chapter in the prior calendar year in
    accordance with a formula and schedule to be determined from time
    to time by the Secretary to maintain adequate reserves in the fund.
      Subsec. (e). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (f)
    as (e). Former subsec. (e), which authorized the appropriation to
    the Secretary of the sum of $2,000,000 which the Secretary was
    required to deposit into the fund and directed that, upon deposit
    in the fund such moneys would be treated as the property of such
    fund, that the sum, without additional payments for interest, would
    be repaid from the money or property belonging to the fund on a
    schedule of repayment set by the Secretary, that full repayment had
    to be made no later than five years from the date of deposit into
    the fund, and that each such repayment, as made, would be covered
    into the Treasury of the United States as miscellaneous receipts,
    was struck out.
      Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for
    "commission". See Transfer of Functions note set out under section
    902 of this title.
      Subsec. (f). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (g)
    as (f). Former subsec. (f) redesignated (e).
      Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for
    "commission". See Transfer of Functions note set out under section
    902 of this title.
      Subsec. (g). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (h)
    as (g). Former subsec. (g) redesignated (f).
      Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for
    "commission". See Transfer of Functions note set out under section
    902 of this title.
      Subsec. (h). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (i)
    as (h). Former subsec. (h) redesignated (g).
      Pub. L. 98-426, Sec. 24(c), inserted "and unpaid assessments"
    after "civil penalties".
      Pub. L. 98-426, Sec. 27(a)(2), substituted "Secretary" for
    "commission". See Transfer of Functions note set out under section
    902 of this title.
      Subsec. (i). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (j)
    as (i). Former subsec. (i) redesignated (h).
      Subsec. (i)(1). Pub. L. 98-426, Sec. 24(d)(1), struck out "and
    911" after "sections 910", inserted "certain" before "initial", and
    struck out "which occurred prior to the effective date of this
    subsection" after "disability or death".
      Subsec. (i)(4). Pub. L. 98-426, Sec. 24(d)(2), inserted "(e)"
    after "section 907".
      Subsec. (j). Pub. L. 98-426, Sec. 24(b), redesignated (k) as (j).
    Former subsec. (j) redesignated (i).
      Pub. L. 98-426, Sec. 24(e), substituted "The fund shall be
    audited annually and the results of such audit shall be included in
    the annual report required by section 942 of this title" for "At
    the close of each fiscal year the Secretary shall submit to the
    Congress a complete audit of the fund".
      Subsec. (k). Pub. L. 98-426, Sec. 24(b), redesignated subsec. (k)
    as (j).
      1972 - Subsec. (a). Pub. L. 92-576, Sec. 8(a), substituted
    "special fund" for "special fund for the purpose of making payments
    in accordance with the provisions of subsections (f) and (g) of
    section 908, of subsection (b) of section 918, and of subsection
    (c) of section 939 of this title".
      Subsec. (c)(1). Pub. L. 92-576, Sec. 8(b), increased compensation
    payment for death to $5,000 from $1,000; inserted provision for
    compensation which would otherwise be compensable under this
    chapter; deleted second sentence, less two provisos, now
    incorporated in subsec. (j)(2) of this section; deleted first such
    proviso for priority of payments authorized by subsec. (f) over
    other payments authorized from the fund; and deleted second such
    proviso, now incorporated in subsec. (k) of this section.
      Subsec. (c)(2), (3). Pub. L. 92-576, Sec. 8(b), added par. (2)
    and redesignated former par. (2) as (3).
      Subsec. (d). Pub. L. 92-576, Sec. 8(b), added subsec. (d). Former
    subsec. (d) redesignated (f).
      Subsec. (e). Pub. L. 92-576, Sec. 8(b), added subsec. (e). Former
    subsec. (e) redesignated (g).
      Subsecs. (f) to (i). Pub. L. 92-576, Sec. 8(b), redesignated
    former subsecs. (d) to (g) as (f) to (i), respectively.
      Subsec. (j). Pub. L. 92-576, Sec. 8(d), added pars. (1), (3), and
    (4), and incorporated former part of first sentence of subsec. (a)
    and former second sentence, less provisos, of subsec. (c)(1), in
    provisions designated as par. (2).
      Subsec. (k). Pub. L. 92-576, Sec. 8(d), incorporated former
    provisions of subsec. (c)(1), last proviso, in provisions
    designated as subsec. (k).
      1956 - Subsec. (a). Act July 26, 1956, Sec. 8(a), substituted ",
    of subsection (b) of section 918 of this title, and of subsection
    (c) of section 939 of this title" for "of this title."
      Subsec. (c)(1). Act July 26, 1956, Sec. 8(b), substituted
    provisions relating to availability of fund for payments under
    sections 908(f) and (g), 918(b), and 939(c) of this title, proviso
    that subsec. (f) payments have priority, and further proviso
    requiring annual audit, for former provision that fifty per centum
    of each payment shall be available for the payments under section
    908(f) and (g) of this title.

                     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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Treasury, with certain exceptions, to
    Secretary of the Treasury with power to delegate, see Reorg. Plan
    No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
    Stat. 1280, 1281, set out in the Appendix to Title 5, Government
    Organization and Employees. Functions of Coast Guard, and
    Commandant of Coast Guard, were excepted from transfer when Coast
    Guard is operating as part of Navy under sections 1 and 3 of Title
    14, Coast Guard.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-



-CITE-
    33 USC Secs. 945 to 947                                     01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Secs. 945 to 947. Repealed.

-MISC1-
    Secs. 945 to 947. Repealed. Pub. L. 98-426, Sec. 25, Sept. 28,
      1984, 98 Stat. 1654.
      Section 945, act Mar. 4, 1927, ch. 509, Sec. 45, 44 Stat. 1445,
    provided for creation of a fund to provide for payment of all
    expenses connected with administration of this chapter. See section
    944 of this title.
      Section 946, act Mar. 4, 1927, ch. 509, Sec. 46, 44 Stat. 1445,
    appropriated $250,000 to be available for expenses of
    administration of this chapter for fiscal years ending June 30,
    1927, and June 30, 1928.
      Section 947, act Mar. 4, 1927, ch. 509, Sec. 47, 44 Stat. 1445,
    provided for availability of appropriations for salaries and
    contingent expenses in administration of this chapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 28, 1984, see section 28(e)(1) of Pub. L.
    98-426, set out as an Effective Date of 1984 Amendment note under
    section 901 of this title.

-End-



-CITE-
    33 USC Sec. 948                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 948. Laws inapplicable

-STATUTE-
      Nothing in sections 4283, 4284, 4285, 4286, or 4289 of the
    Revised Statutes, as amended, nor in section 18 of the Act entitled
    "An act to remove certain burdens on the American merchant marine
    and encourage the American foreign carrying trade, and for other
    purposes," approved June 26, 1884, as amended, shall be held to
    limit the amount for which recovery may be had (1) in any suit at
    law or in admiralty where an employer has failed to secure
    compensation as required by this chapter, or (2) in any proceeding
    for compensation, any addition to compensation, or any civil
    penalty.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 48, 44 Stat. 1446.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 4283, 4284, 4285, 4286, and 4289 of the Revised
    Statutes, referred to in text, were classified to sections 183,
    184, 185, 186, and 188, respectively, of the former Appendix to
    Title 46, Shipping, and were repealed and restated in chapter 305
    of Title 46, Shipping, by Pub. L. 109-304, Secs. 6(c), 19, Oct. 6,
    2006, 120 Stat. 1509, 1710. For disposition of sections of the
    former Appendix to Title 46, see Disposition Table preceding
    section 101 of Title 46.
      Section 18 of the Act entitled "An act to remove certain burdens
    on the American merchant marine and encourage the American foreign
    carrying trade, and for other purposes," approved June 26, 1884, as
    amended, referred to in text, is section 18 of act June 26, 1884,
    ch. 121, 23 Stat. 57, which was classified to section 189 of the
    former Appendix to Title 46, Shipping, and was repealed and
    restated in section 30505 of Title 46, Shipping, by Pub. L. 109-
    304, Secs. 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.

-End-



-CITE-
    33 USC Sec. 948a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 948a. Discrimination against employees who bring proceedings;
      penalties; deposit of payments in special fund; civil actions;
      entitlement to restoration of employment and compensation,
      qualifications requirement; liability of employer for penalties
      and payments; insurance policy exemption from liability

-STATUTE-
      It shall be unlawful for any employer or his duly authorized
    agent to discharge or in any other manner discriminate against an
    employee as to his employment because such employee has claimed or
    attempted to claim compensation from such employer, or because he
    has testified or is about to testify in a proceeding under this
    chapter. The discharge or refusal to employ a person who has been
    adjudicated to have filed a fraudulent claim for compensation is
    not a violation of this section. Any employer who violates this
    section shall be liable to a penalty of not less than $1,000 or
    more than $5,000, as may be determined by the deputy commissioner.
    All such penalties shall be paid to the deputy commissioner for
    deposit in the special fund as described in section 944 of this
    title, and if not paid may be recovered in a civil action brought
    in the appropriate United States district court. Any employee so
    discriminated against shall be restored to his employment and shall
    be compensated by his employer for any loss of wages arising out of
    such discrimination: Provided, That if such employee shall cease to
    be qualified to perform the duties of his employment, he shall not
    be entitled to such restoration and compensation. The employer
    alone and not his carrier shall be liable for such penalties and
    payments. Any provision in an insurance policy undertaking to
    relieve the employer from the liability for such penalties and
    payments shall be void.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 49, as added Pub. L. 92-576, Sec. 19,
    Oct. 27, 1972, 86 Stat. 1263; amended Pub. L. 98-426, Sec. 26,
    Sept. 28, 1984, 98 Stat. 1654.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-426 inserted after first sentence "The
    discharge or refusal to employ a person who has been adjudicated to
    have filed a fraudulent claim for compensation is not a violation
    of this section.", substituted "$1,000" for "$100", and substituted
    "$5,000" for "$1,000".

                     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                          
      Section effective 30 days after Oct. 27, 1972, see section 22 of
    Pub. L. 92-576, set out as an Effective Date of 1972 Amendment note
    under section 902 of this title.

-End-



-CITE-
    33 USC Sec. 949                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 949. Effect of unconstitutionality

-STATUTE-
      If any part of this chapter is adjudged unconstitutional by the
    courts, and such adjudication has the effect of invalidating any
    payment of compensation under this chapter, the period intervening
    between the time the injury was sustained and the time of such
    adjudication shall not be computed as a part of the time prescribed
    by law for the commencement of any action against the employer in
    respect of such injury; but the amount of any compensation paid
    under this chapter on account of such injury shall be deducted from
    the amount of damages awarded in such action in respect of such
    injury.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 50 formerly Sec. 49, 44 Stat. 1446;
    renumbered Sec. 50, Pub. L. 92-576, Sec. 19, Oct. 27, 1972, 86
    Stat. 1263.)

-End-



-CITE-
    33 USC Sec. 950                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 18 - LONGSHORE AND HARBOR WORKERS' COMPENSATION

-HEAD-
    Sec. 950. Separability

-STATUTE-
      If any provision of this chapter is declared unconstitutional or
    the applicability thereof to any person or circumstances is held
    invalid, the validity of the remainder of the chapter and the
    applicability of such provision to other persons and circumstances
    shall not be affected thereby.

-SOURCE-
    (Mar. 4, 1927, ch. 509, Sec. 51 formerly Sec. 50, 44 Stat. 1446;
    renumbered Sec. 51, Pub. L. 92-576, Sec. 19, Oct. 27, 1972, 86
    Stat. 1263.)

-End-