Longshore and Harbor Workers' Compensation Act of 1984
PL 98-426 (S.38), enacted 09/28/1984

PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1639 
Public Law 98-426 
98th Congress 
An Act 
[S. 38] 
Longshore and 
Harbor Workers' 
Compensation 
Act 
Amendments of 
1984. 
33 u s e 901 note. 
33 u s e 901. 
33 u s e 902. 
Entitled the "Longshore and Harbor Workers' Compensation Act Amendments of 
Sept. 28, 1984 
1984". 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) this Act 
may be cited as the "Longshore and Harbor Workers' Compensation 
Act Amendments of 1984". 
(b) Except as otherwise specifically provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Long-
shoremen's and Harbor Workers' Compensation Act. 
DEFINITIONS 
SEC. 2. (a) Section 2(3) is amended to read as follows: 
"(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 cleri-
cal, secretarial, security, or data processing work; 
"(B) individuals employed by a club, camp, recreational oper-
ation, 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, transport-
ers, or vendors, (ii) are temporarily doing business on the prem-
ises of an employer described in paragraph (4), and (iii) are not 
engaged in work normally performed by employees of that 
employer under this Act; 
"(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.". 
(b) Section 2(10) is amended by inserting before the period at the 
end thereof the following: "; 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 
10(dX2)". 
Post, p. 1647. 
(c) Section 2(13) is amended to read as follows: 
98 STAT. 1640 
PUBLIC LAW 98-426—SEPT. 28, 1984 
"(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 
26 use 3101. 
subtitle C of the Internal Revenue Code of 1954 (relating to employ-
ment taxes). The term wages does not include fringe benefits, includ-
ing (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 depend-
ent entitlement.". 
COVERAGE 
33 use 903. 
SEC. 3. (a) Section 3 is amended to read as follows: 
"COVERAGE 
"SEC. 3. (a) Except as otherwise provided in this section, compensa-
tion shall be payable under this Act 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) 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) 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)(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 disman-
tling 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 pay-
able 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 dis-
placement tons; or 
"(B) a commercial tugboat, towboat, crew boat, supply boat, 
fishing vessel, or other work vessel which is under 1,600 tons 
gross.", 
(b) Section 3 is further amended by adding at the end thereof the 
following: 
PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1641 
"(e) 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 Act pursuant to any other 
workers' compensation law or 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) shall be credited against any liability 
imposed by this Act.". 
LIABILITY FOR COMPENSATION 
SEC. 4. (a) Section 4(a) is amended to read as follows: 
33 use 904. 
"SEC. 4. (a) Every employer shall be liable for and shall secure the 
payment to his employees of the compensation payable under sec-
tions 7, 8, and 9. In the case of an employer who is a subcontractor, 
33 USC 907-909. 
only if such subcontractor fails to secure the payment of compensa-
tion 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) Section 5(a) is amended by adding at the end thereof the 
33 USC 905. 
following new sentence: "For purposes of this subsection, a contrac-
tor shall be deemed the employer of a subcontractor's employees 
only if the subcontractor fails to secure the payment of compensa-
tion as required by section 4,". 
THIRD PARTY LIABILITY 
SEC. 5. (a)(1) The third sentence of section 5(b) is amended to read 
33 use 905. 
as follows: "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.". 
(2) Section 2(21) is amended by striking out "The" and inserting in 
33 use 902. 
lieu thereof "Unless the context requires otherwise, the". 
(b) Section 5 is amended by adding at the end thereof the following 
Supra. 
new subsection: 
"(c) 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 
4 of the Outer Continental Shelf Lands Act (43 U.S.C. 1333), then 
such person, or anyone otherwise entitled to recover damages by 
reason thereof, may bring an action against such vessel in accord-
ance with the provisions of subsection (b) of this section. Nothing 
contained in subsection (b) of this section shall preclude the enforce-
ment according to its terms of any reciprocal indemnity provision 
whereby the employer of a person entitled to receive benefits under 
this Act by virtue of section 4 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1333) 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.". 
COMPENSATION 
SEC. 6. (a) Section 6(b)(1) is amended to read as follows: 
33 use 906. 
31-194 - 0 - 86 - 16 : QL. 3 Part 2 
98 STAT. 1642 
PUBLIC LAW 98-426—SEPT. 28, 1984 
"(b)(1) Compensation for disability or death (other than compensa-
tion for death required by this Act 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).". 
33 use 906. 
(b) Section 6 is amended— 
(1) by striking out subsection (c) and redesignating subsection 
(d) as subsection (c); and 
(2) by striking out "under this subsection" in subsection (c) (as 
redesignated) and inserting in lieu thereof "under subsection 
(b)(3)". 
MEDICAL SERVICES AND SUPPUES 
33 use 907. 
SEC. 7. (a) The third sentence of section 7(b) is amended by 
inserting before the period the following: "or where the charges 
exceed those prevailing within the community for the same or 
similar services or exceed the provider's customary charges", 
(b) Section 7(c) is amended to read as follows: 
"(cXl)(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 Act. The names of physicians and health care providers con-
tained on the list required under this subparagraph shall be made 
available to employees and employers in each compensation district 
through posting and in such otner 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 deter-
mines under this section, in accordance with the procedures pro-
vided in subsection (j), 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 Act; 
"(ii) has knowingly and willfully submitted, or caused to be 
submitted, a bill or request for pa5mient under this Act contain-
ing a charge which the Secretary finds to be substantially in 
excess of the charge for the service, appliance, or supply prevail-
ing within the community or in excess of the provider's custom-
ary 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, appli-
ance, 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 pay-
ments 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 provid-
ers who are named on the list published by the Secretary pursuant 
to subparagraph (A) of this section shall not be reimbursable under 
PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1643 
this Act; 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 
Public 
effect for a period of not less than three years and until the 
information. 
Secretary finds and gives notice to the public that there is reasona-
ble 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 Act, the employer or carrier shall forthwith authorize medi-
cal treatment and care from a physician selected by an employee 
pursuant to subsection (b). 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 con-
sent 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.". 
(c) Section 7(d) is amended to read as follows: 
33 use 907. 
"(d)(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) 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 
Report. 
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.". 
(d) Section 7 is amended by adding at the end thereof the following 
new subsection: 
"OXD The Secretary shall have the authority to make rules and 
regulations and to establish procedures, not inconsistent with the 
provisions of this Act, which are necessary or appropriate to carry 
out the provisions of subsection (c), including the nature and extent 
98 STAT. 1644 
PUBLIC LAW 98-426—SEPT. 28, 1984 
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, United States Code, 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 pro-
ceeding authorized or directed under this section, the provisions of 
section 9 and 10 (relating to the attendance of witnesses and the 
production of books, papers, and documents) of the Federal Trade 
Commission Act (15 U.S.C. 49, 50) 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, includ-
ing 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.". 
Ante, p. 1643. 
(e) Section 7 is further amended by adding at the end thereof the 
following new subsection: 
"(k)(l) Nothing in this Act prevents an employee whose injury or 
disability hsis been established under this Act 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 Act. 
Nothing in this subsection shall be construed to except an employee 
from all physical examinations required by this Act. 
"(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).". 
COMPENSATION FOR DISABILITY 
Claims. 
SEC. 8. (a) Section 8(c)(13) is amended to read as follows: 
33 use 908. 
"(13) Loss of hearing: 
PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1645 
"(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 12 of 
Post, p. 1648. 
this Act, or a claim for compensation, under section 13 of this 
33 USC 913. 
Act, 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.", 
(b) Section 8(c)(20) is amended by striking out "$3,500" and insert- 
33 USC 908. 
ing in lieu thereof "$7,500". 
(c)(1) Section 8(c)(21) is amended to read as follows: 
"(21) Other cases: In all other cases in the class of disability, the 
compensation shall be 66% 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.". 
(2) Section 8(c) is further amended by adding at the end thereof 
the following new paragraph: 
"(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 10(d)(2), the compensa- 
Post, p. 1647. 
tion shall be 66% per centum of such average weekly wages 
multiplied by the percentage of permanent impairment, as deter-
mined under the guides referred to in section 2(10), payable during 
Ante, p. 1639. 
the continuance of such impairment.". 
(d) Section 8(d) is amended by striking out paragraph (3) and 
redesignating paragraph (4) as paragraph (3). 
(e) Section 8(f) is amended— 
(1) by inserting before the period at the end of the second and 
fourth sentences of paragraph (1) the following: ", except that, 
in the case of an injury falling within the provisions of section 
8(c)(13), the employer shall provide compensation for the lesser 
of such periods , 
(2) by inserting "(A)" after "(2)" in paragraph (2); 
(3) by inserting before the period at the end of such paragraph 
the following: ", 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 32(a)"; 
33 USC 932. 
(4) by adding at the end of paragraph (2) the following new 
subparagraph: 
"(B) After cessation of payments for the period of weeks provided 
for in this subsection, the employer or carrier responsible for pay-
ment of compensation shall remain a party to the claim, retain 
98 STAT. 1646 
PUBLIC LAW 98-426—SEPT. 28, 1984 
access to all records relating to the claim, and in all other respects 
retain all rights granted under this Act prior to cessation of such 
payments."; and 
(5) by adding at the end thereof the following new paragraph: 
"(3) Any request, filed after the date of enactment of the Long-
Ante, p. 1639. 
shore and Harbor Workers' Compensation Amendments of 1984, for 
apportionment of liability to the special fund established under 
33 use 944. 
section 44 of this Act 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 compensa-
tion order.'. 
33 use 908. 
(f) Subsection (i) of section 8 is amended to read as follows: 
"(i)(l) Whenever the parties to any claim for compensation under 
this Act, 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 
Act. 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.". 
(g) Such subsection (i) is further amended by adding at the end 
thereof the following new paragraph: 
"(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.". 
(h) Section 8 is amended by adding at the end thereof the follow-
ing new subsection: 
(jXD The employer may inform a disabled employee of his obliga-
tion 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. 
PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1647 
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.". 
COMPENSATION FOR DEATH 
SEC. 9. (a) The matter preceding subsection (a) of section 9 is 
33 use 909. 
amended to read as follows: 
"SEC. 9. 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:". 
(b) Section 9(a) is amended by striking out "$1,000" and inserting 
in lieu thereof "$3,000". 
(c) Section 9(e) is amended to read as follows: 
"(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 6(b), but— 
33 use 906. 
"(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 6(b)(1); and 
Ante, p. 1641. 
"(2) in the case of a claim based on death due to an occupa-
tional disease for which the time of injury (as determined under 
section 10(i)) occurs after the employee has retired, the total Infra. 
weekly benefits shall not exceed one fifty-second part of the 
employee's average annual earnings during the 52-week period 
preceding retirement.". 
DETERMINATION OF PAY 
SEC. 10. (a)(1) Section 10(d) is amended by inserting "(1)" after 
33 use 9io. 
"(d)" and by adding at the end thereof the following: 
"(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)) 
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 sec-
tion 6(b)) applicable at the time of the injury.". 
33 use 906. 
(2) Section 10 is further amended by adding at the end thereof the 
following new subsection: 
"(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 
98 STAT. 1648 
PUBLIC LAW 98-426—SEPT. 28, 1984 
relationship between the employment, the disease, and the death or 
disability.". 
33 use 910. 
(b) Section 10(f) is amended to read as follows: 
Effective date. 
"(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 Act 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 
33 use 906. 
such October 1, as determined under section 6(b), exceeds the 
applicable national average weekly wage, as so determined, for 
the period beginning with the preceding October 1; or 
"(2) 5 per centum.". 
NOTICE OF INJURY OR DEATH 
33 use 912. 
SEC. 11. (a) Section 12(a) is amended to read as follows: 
"SEC. 12. (a) Notice of an injury or death in respect of which 
compensation is payable under this Act 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) Section 12(c) is amended by adding at the end thereof the 
following: "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.". 
(c) Section 12(d) is amended— 
(1) by striking out "(or his agent in charge of the business in 
the place where the injury occurred)" and inserting in lieu 
thereof the following: "(or his agent or agents or other responsi-
ble official or officials designated by the employer pursuant to 
subsection (c))"; 
(2) by striking out "injury or death and" and inserting in lieu 
thereof "injury or death, (2)"; 
(3) by striking out "or (2)" and inserting in lieu thereof "or 
(3)"; and 
(4) by inserting after "the ground that" in the clause redesig-
nated as clause (3) (by paragraph (3) of this subsection) the 
following: "(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 employ-
er's insurance carrier, and that the employer or carrier was not 
prejudiced due to the failure to provide notice to a responsible 
PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1649 
official designated by the employer pursuant to subsection (c), or 
(ii)". 
TIME FOR FILING CLAIM BASED ON OCCUPATIONAL DISEASE 
SEC. 12. Section 13(b) is amended by inserting "(1)" after "(b)" and 
33 use 913. 
adding at the end thereof the following: 
"(2) Notwithstanding the provisions of subsection (a), a claim for 
compensation for death or disability due to an occupational disease 
which does not immediately result in such death or disability shall 
be timely if filed within two years after the employee or claimant 
becomes aware, or in the exercise of reasonable diligence or by 
reason of medical advice should have been aware, of the relationship 
between the employment, the disease, and the death or disability, or 
within one year of the date of the last payment of compensation, 
whichever is later.". 
PAYMENT OF COMPENSATION 
SEC. 13. (a) Section 14(b) is amended by striking out "employer" 
33 use 914. 
and inserting in lieu thereof "employer has been notified pursuant 
to section 12, or the employer", 
(b) Section 14 is amended by striking out subsection (j) and by 
redesignating subsections (k) and (1) as subsections (j) arid (k), 
respectively. 
UENS ON COMPENSATION 
SEC. 14. Section 17 is amended— 
33 use 917. 
(1) by striking out "(b)"; 
(2) by striking out "entitled to compensation under this Act" 
and inserting in lieu thereof "covered under this Act"; and 
(3) by striking out "this Act, the Secretary may authorize" 
and inserting in lieu thereof "this Act or under a settlement, 
the Secretary shall authorize". 
REVIEW OF COMPENSATION ORDER 
SEC 15. Section 21(b) is amended— 
33 use 921. 
(1) by striking out "three" in paragraph (1) and inserting in 
lieu thereof "five"; 
(2) by adding the following sentence at the end of paragraph 
(1): "The Chairman shall have the authority, as delegated by the 
Secretary, to exercise all administrative functions necessary to 
operate the Board."; 
(3) by striking out "two" each place it appears in paragraph 
(2) and inserting in lieu thereof "three"; and 
(4) by adding the following new paragraph at the end thereof: 
"(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 consti-
tute 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 
98 STAT. 1650 
PUBLIC LAW 98-426—SEPT. 28, 1984 
permanent Board for review of the panel's decision. Upon affirma-
tive 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.". 
MODIFICATIONS OF AWARDS 
33 use 922. 
SEC. 16. Section 22 is amended— 
(1) by inserting "(including an employer or carrier which has 
been granted relief under section 8(f))" after "party in interest"; 
(2) by inserting "(including a case under which payments are 
made pursuant to section 44(i))" after "review a compensation 
case"; and 
(3) by adding at the end thereof the following new sentence: 
"This 
section 
does 
not 
authorize 
the 
modification 
of 
settlements.". 
FEES FOR SERVICES 
33 use 928. 
SEC. 17. Section 28(e) is amended to read as follows: 
Penalties. 
"(e) 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 busi-
ness to solicit employment for a lawyer, or for himself, with respect 
to a claim or award for compensation under this Act, 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.". 
REPORTS 
33 use 930. 
SEC. 18. (a) Section 30(a) is amended— 
(1) by inserting after "injury" the first place it appears a 
comma and the following: "which causes loss of one or more 
shifts of work,"; and 
(2) by adding at the end thereof the following new sentence: 
"Notwithstanding the requirements of this subsection, each 
employer shall keep a record of each and every injury regard-
less of whether such injury results in the loss of one or more 
shifts of work.". 
Ot)) Section 30(e) is amended to read as follows: 
Penalty. 
"(e) 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.". 
PENALTY FOR MISREPRESENTATION—PROSECUTION OF CLAIMS 
33 use 931. 
SEC 19. Section 31 is amended to read as follows: 
"PENALTY FOR MISREPRESENTATION—PROSECUTION OF CLAIMS 
"SEC. 31. (a)(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 Act 
PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1651 
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)(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 28 of this Act, if the 
33 use 928. 
claimant's representative is on the list of individuals who are dis-
qualified from representing claimants under this Act maintained by 
the Secretary pursuant to paragraph (2) of this subsection. 
"(2)(A) The Secretary shall annually prepare a list of those indi-
viduals in each compensation district who have represented claim-
ants for a fee in cases under this Act 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 author-
ized to represent claimants under this Act if the Secretary deter-
mines under this section, in accordance with the procedure provided 
in subsection (j) of section 7 of this Act, that such individual— 
Post, p. 1643. 
"(i) has been convicted (without regard to pending appeal) of 
any crime in connection with the representation of a claimant 
under this Act 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 represen-
tations, 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 profes-
sional 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 
Act which were not approved, or which were in excess of the 
amount approved pursuant to section 28. 
33 USC 928. 
"(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 reasona-
ble 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 
Regulations. 
necessary to carry out this section. 
"(c) 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 
98 STAT. 1652 
PUBLIC LAW 98-426—SEPT. 28, 1984 
33 use 909. 
injured employee, or his dependents pursuant to section 9 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.". 
SECURITY FOR COMPENSATION 
33 use 932. 
SEC. 20. Section 32(a)(2) is amended by inserting "based on the 
employer's financial condition, the employer's previous record of 
payments, and other relevant factors," after "in an amount deter-
mined by the commission,". 
COMPENSATION FOR INJURIES WHERE THIRD PERSONS ARE LIABLE 
33 use 933. 
SEC. 21. (a) Section 33(b) is amended to read as follows: 
"(b) Acceptance of compensation under an award in a compensa-
tion 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 com-
mence 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.". 
(b) Section 33(e)(2) is amended by striking out ", less one-fifth of 
such excess which shall belong to the employer". 
(c) Section 33(f) is amended— 
(1) by inserting "net" before "amount recovered"; and 
(2) by adding at the end thereof the following: "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).". 
(d) Section 33(g) is amended to read as follows: 
"(g)(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) for an amount less than the compensation to 
which the person (or the person's representative) would be entitled 
under this Act, the employer shall be liable for compensation as 
determined under subsection (f) 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 Act shall be terminated, regardless of whether 
the employer or the employer's insurer has made payments or 
acknowledged entitlement to benefits under this Act. 
"(3) Any payments by the special fund established under section 
33 use 944. 
44 shall be a lien upon the proceeds of any settlement obtained from 
PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1653 
or judgment rendered against a third person referred to under 
subsection (a). 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 17 shall be 
33 use 917. 
a lien upon the proceeds of any settlement obtained from or judg-
ment recorded against a third person referred to under subsection 
(a). Such lien shall have priority over a lien under paragraph (3) of 
this subsection.". 
PENALTY FOR FAILURE TO SECURE PAYMENT 
SEC. 22. Section 38 is amended by striking out "$1,000" each place 
33 use 938. 
it appears in subsections (a) and (b) and inserting in lieu thereof 
"$10,000". 
ANNUAL REPORT 
SEC. 23. The Act is amended by inserting the following new section 
after section 41: 
"ANNUAL REPORT 
"SEC. 42. The Secretary shall make to Congress at the beginning 
33 use 942. 
of each regular session, commencing at the beginning of the second 
regular session after the enactment of the Longshore and Harbor 
Workers' Compensation Act Amendments of 1984, a report of the 
Ante, p. 1639. 
administration of this Act for the preceding fiscal year, including a 
detailed statement of receipts of and expenditures from the fund 
established in section 44, together with such recommendations as 
33 use 944. 
the Secretary deems advisable.". 
SPECIAL FUND 
SEC. 24. (a) Section 44(c)(2) is amended to read as follows: 
33 use 944. 
"(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 there-
for) to maintain adequate reserves in the fund. Each carrier and 
self-insurer shall make payments into the fund on a prorated assess-
ment 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 Act during the preceding calendar year, to (ii) the 
total of such payments by all carriers and self-insureds under 
this Act during such year; 
"(B) computing the ratio (expressed as a percent) of (i) the 
payments under section 8(f) of this Act during the preceding 
Ante, p. 1645. 
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).". 
98 STAT. 1654 
PUBLIC LAW 98-426—SEPT. 28, 1984 
33 use 944. 
(b) Section 44 is further amended by striking out subsection (e) 
and by redesignating subsections (f) through (k) as subsections (e) 
through (j), respectively. 
(c) Section 44(h) (as redesignated pursuant to subsection (b)) is 
amended by inserting "and unpaid assessments" after "civil penal-
ties". 
(d) Section 44(i) (as redesignated pursuant to subsection (b)) is 
amended— 
(1) in paragraph (1), by striking out "and 11", by inserting 
"certain" before "initial", and by striking out "which occurred 
prior to the effective date of this subsection"; and 
(2) in paragraph (4), by inserting "(e)" after "section 7". 
(e) Section 44(j) (as redesignated pursuant to subsection (b)) is 
amended to read as follows: 
Audit. 
"(j) The fund shall be audited annually and the results of such 
Ante, p. 1653. 
audit shall be included in the annual report required by section 42.". 
REPEALS 
33 use 945-947. 
SEC. 25, Sections 45, 46, and 47 are repealed. 
DISCRIMINATION AGAINST EMPLOYEES WHO BRING PROCEEDINGS 
33 use 948a. 
SEC. 26. (a) Section 49 is amended by inserting after the first 
sentence the following new 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.", 
(b) The second sentence of section 49 is amended— 
(1) by striking out "$100" and inserting in lieu thereof 
"$1,000"; and 
(2) by striking out "$1,000" and inserting in lieu thereof 
"$5,000". 
CONFORMING AMENDMENTS 
SEC. 27. (a) The Longshoremen's and Harbor Workers' Compensa-
33 use 901. 
tion Act is further amended— 
33 use 902. 
(1) striking out paragraph (6) of section 2 and inserting in lieu 
thereof the following: 
"(6) The term 'Secretary' means the Secretary of Labor."; 
33 use 901 et 
(2) by striking out "commission" each place it appears and 
s«9- 
inserting in lieu thereof "Secretary"; and 
(3) by striking out "commission's" and inserting in lieu there-
of "Secretary's". 
33 use 918. 
(b) Section 18(b) is amended by striking out ", including the right 
of lien and priority provided for by section 17 of this Act,". 
33 use 939. 
(c) Section 39(a) is amended by striking out "United States 
Employees' Compensation Commission" and inserting in lieu there-
of "Secretary". 
33 use 901. 
(d)(1) Section 1 is amended by striking out "Longshoremen's" and 
inserting in lieu thereof "Longshore". 
33 use 901 note. 
(2) Reference in any other statute, regulation, order, or other 
document to the Longshoremen's and Harbor Workers' Compensa-
tion Act shall be deemed to refer to the Longshore and Harbor 
Workers' Compensation Act. 
PUBLIC LAW 98-426—SEPT. 28, 1984 
98 STAT. 1655 
EFFECTIVE DATE 
SEC. 28. (a) Except as otherwise provided in this section, the 
33 use 90i note. 
amendments made by this Act shall be effective on the date of 
enactment of this Act 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 shall be effective 90 days after the date of enactment of this 
Act 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) shall 
apply with respect to any injury after the date of enactment of this 
Act. 
(d) The amendments made by sections 6(a), 8(d), and 9 shall apply 
with respect to any death after the date of enactment of this Act. 
(eXD The amendments made by sections 2(c), 8(cXl), 8(e)(4), 8(e)(5), 
8(g), 10(b), 15 through 20, and 22 through 27 shall be effective on the 
date of enactment of this Act. 
(2) The amendments made by sections 7(b), 7(c), 7(d), and 8(h) shall 
be effective 90 days after the date of enactment of this Act. 
(f) The amendments made by section 6(b) shall apply with respect 
to any injury, disability, or death after the date of enactment of this 
Act. 
(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 as amended by this Act. 
Ante, p. 1639. 
(h)(1) The amendments made by section 7 of this Act shall not 
33 use 907 note. 
apply to claims filed under the Black Lung Benefits Act (30 U.S.C. 
901 et seq.). 
(2) Section 422(a) of the Black Lung Benefits Act is amended by 
3
0 use 932. 
striking out "During" and inserting in lieu thereof "Subject to 
section 28(h)(1) of the Longshore and Harbor Workers' Compensa-
tion Act Amendments of 1984, during". 
Approved September 28, 1984. 
LEGISLATIVE HISTORY—S. 38: 
HOUSE REPORTS: No. 98-570 and Part 2 (Comm. on Education and Labor) and 
No. 98-1027 (Oomm. of Oonference). 
SENATE REPORT No. 98-81 (eomm. on Labor and Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 129 (1983): June 16, considered and passed Senate. 
Vol. 130 (1984): Apr. 9, 10, considered and passed House, amended. 
Sept. 18, House agreed to conference report. 
Sept. 20, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 39 (1984): 
Sept. 28, Presidential statement.