33 U.S.C. § 922 — Modification of awards
submitted 99 years ago by ch. 509 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 263 words · no verdicts yet
This section allows a deputy commissioner to review and change a compensation order because of changed conditions or a factual mistake, subject to timing rules. A new order generally cannot change compensation already paid, and settlements cannot be modified under this section.
The deputy commissioner* may review a compensation case on the deputy commissioner’s own initiative or when any interested party applies, including an employer* or carrier* that received relief under section 908(f) of this title. The stated grounds must be changed conditions or a factual mistake by the deputy commissioner. The review may occur before one year after the last compensation payment, whether or not a compensation order has been issued, or before one year after a claim was rejected. The review must follow the procedure for claims in section 919 of this title. Under that procedure, the deputy commissioner may issue a new compensation order that ends, continues, restores, increases, or decreases compensation, or awards compensation. This includes a case in which payments are made under section 944(i) of this title.
The new order may not affect compensation already paid. However, an order increasing the compensation rate may apply from the injury* date. If some compensation due or to become due is unpaid, an order decreasing the rate may also apply from the injury date. Payments made before then that exceed the decreased rate must be deducted from unpaid compensation, in the way and by the method the deputy commissioner sets with the Secretary’s approval.
This section does not authorize changing settlements. It does not define “party in interest,” “change in conditions,” or “mistake in a determination of fact.”
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.
Source credit: (Mar. 4, 1927, ch. 509, § 22, 44 Stat. 1437; May 26, 1934, ch. 354, § 5, 48 Stat. 807; June 25, 1938, ch. 685, § 10, 52 Stat. 1167; Pub. L. 98–426, §§ 16, 27(a)(2), Sept. 28, 1984, 98 Stat. 1650, 1654.)
- 1927Enacted · Act of Mar. 4, 1927, ch. 509 · 44 Stat. 1437
- 1934Amended · Act of May 26, 1934, ch. 354 · 48 Stat. 807
- 1938Amended · Act of June 25, 1938, ch. 685 · 52 Stat. 1167
- 1984Amended · Pub. L. 98-426 · 98 Stat. 1650, 1654
A history note hasn’t been published yet. The record shows enactment by ch. 509 on 1927-03-04.
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