§ 919. — Procedure in respect of claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC919]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 919. Procedure in respect of claims
(a) Filing of claim
Subject to the provisions of section 913 of this title a claim for
compensation may be filed with the deputy commissioner in accordance
with regulations prescribed by the Secretary at any time after the first
seven days of disability 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.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``an''.
---------------------------------------------------------------------------
(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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in sections 918, 921 of this title;
title 30 section 925.
