§ 921. — Review of compensation orders.
[Laws in effect as of January 24, 2002]
[Document affected by Public Law 6]
[CITE: 33USC921]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 921. Review of compensation orders
(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.
(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.)
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''.
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. 107-116, title I, Jan. 10, 2002, 115 Stat. 2184, provided in
part: ``That no funds made available by this Act [see Tables for
classification] may be used by the Solicitor of Labor to participate in
a review in any United States court of appeals of any decision made by
the Benefits Review Board under section 21 of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 921) where such participation is
precluded by the decision of the United States Supreme Court in
Director, Office of Workers' Compensation Programs v. Newport News
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to
the contrary contained in Rule 15 of the Federal Rules of Appellate
Procedure [28 U.S.C. App.]: Provided further, That no funds made
available by this Act may be used by the Secretary of Labor to review a
decision under the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 901 et seq.) that has been appealed and that has been pending
before the Benefits Review Board for more than 12 months: Provided
further, That any such decision pending a review by the Benefits Review
Board for more than 1 year shall be considered affirmed by the Benefits
Review Board on the 1-year anniversary of the filing of the appeal, and
shall be considered the final order of the Board for purposes of
obtaining a review in the United States courts of appeals: Provided
further, That these provisions shall not be applicable to the review or
appeal of any decision issued under the Black Lung Benefits Act (30
U.S.C. 901 et seq.).''
Similar provisions were contained in the following prior
appropriation acts:
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.
Section Referred to in Other Sections
This section is referred to in sections 914, 919, 921a, 939 of this
title; title 5 section 8171; title 42 section 1653.