§ 918. — Collection of defaulted payments; special fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC918]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 918. Collection of defaulted payments; special fund
(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.
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\1\ So in original. Probably should be ``for''.
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(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.
(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.)
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''.
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.
Section Referred to in Other Sections
This section is referred to in sections 921, 939, 944 of this title;
title 5 section 8171; title 42 section 1653.
