§ 914. — Payment of compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC914]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 914. Payment of compensation
(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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in section 928 of this title; title 42
section 1702.
