33 U.S.C. § 949 — Effect of unconstitutionality
submitted 99 years ago by ch. 509 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 102 words · no verdicts yet
This section stops the time for bringing an employer action during the period between an injury and a court ruling that invalidates compensation, and requires compensation already paid to be deducted from damages.
If any part of this chapter is adjudged unconstitutional by the courts, and that adjudication has the effect of invalidating any payment of compensation under this chapter, the period intervening between the time the injury* was sustained and the time of that adjudication must not be computed as a part of the time prescribed by law for the commencement of any action against the employer* in respect of that injury; but the amount of any compensation paid under this chapter on account of that injury must be deducted from the amount of damages awarded in that action in respect of that injury.
If any part of this chapter is adjudged unconstitutional by the courts, and such adjudication has the effect of invalidating any payment of compensation under this chapter, the period intervening between the time the injury* was sustained and the time of such adjudication shall not be computed as a part of the time prescribed by law for the commencement of any action against the employer* in respect of such injury; but the amount of any compensation paid under this chapter on account of such injury shall be deducted from the amount of damages awarded in such action in respect of such injury.
Source credit: (Mar. 4, 1927, ch. 509, § 50 formerly § 49, 44 Stat. 1446; renumbered § 50, Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263.)
- 1927Enacted · Act of Mar. 4, 1927, ch. 509 · 44 Stat. 1446
- 1972Amended · Pub. L. 92-576 · 86 Stat. 1263
A history note hasn’t been published yet. The record shows enactment by ch. 509 on 1927-03-04.
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