§ 922. — Modification of awards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC922]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 922. Modification of awards
Upon his own initiative, or upon the application of any party in
interest (including an employer or carrier which has been granted relief
under section 908(f) of this title), on the ground of a change in
conditions or because of a mistake in a determination of fact by the
deputy commissioner, the deputy commissioner may, at any time prior to
one year after the date of the last payment of compensation, whether or
not a compensation order has been issued, or at any time prior to one
year after the rejection of a claim, review a compensation case
(including a case under which payments are made pursuant to section
944(i) of this title) in accordance with the procedure prescribed in
respect of claims in section 919 of this title, and in accordance with
such section issue a new compensation order which may terminate,
continue, reinstate, increase, or decrease such compensation, or award
compensation. Such new order shall not affect any compensation
previously paid, except that an award increasing the compensation rate
may be made effective from the date of the injury, and if any part of
the compensation due or to become due is unpaid, an award decreasing the
compensation rate may be made effective from the date of the injury, and
any payment made prior thereto in excess of such decreased rate shall be
deducted from any unpaid compensation, in such manner and by such method
as may be determined by the deputy commissioner with the approval of the
Secretary. This section does not authorize the modification of
settlements.
(Mar. 4, 1927, ch. 509, Sec. 22, 44 Stat. 1437; May 26, 1934, ch. 354,
Sec. 5, 48 Stat. 807; June 25, 1938, ch. 685, Sec. 10, 52 Stat. 1167;
Pub. L. 98-426, Secs. 16, 27(a)(2), Sept. 28, 1984, 98 Stat. 1650,
1654.)
Amendments
1984--Pub. L. 98-426, Sec. 16, inserted ``(including an employer or
carrier which has been granted relief under section 908(f) of this
title)'' after ``party in interest'' and ``(including a case under which
payments are made pursuant to section 941(i) of this title)'' after
``review a compensation case'' and inserted at end ``This section does
not authorize the modification of settlements.''
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.
1938--Act June 25, 1938, permitted review of compensation case at
any time prior to one year after rejection of claim and authorized award
of compensation.
1934--Act May 26, 1934, permitted review based on a mistake in a
determination of fact; substituted provision for review of compensation
case at any time prior to one year after date of last payment of
compensation, whether or not compensation order was issued, for original
provision for review at any time during term of award and after
compensation order in respect of such award had become final; authorized
reinstatement of compensation; and inserted exception clause.
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.
