be given to any agent or officer thereof upon whom legal process may be served or who is in charge of the business in the place where the injury occurred. (d) Failure to give such notice shall not bar any claim under this chapter (1) if the employer (or his agent in charge of the business in the place where the injury occurred) or the carrier had knowledge of the injury or death and the deputy commissioner determines that the employer or carrier has not been prejudiced by failure to give such notice, or (2) if the deputy commissioner excuses such failure on the ground that for some satisfactory reason such notice could not be given; nor unless objection to such failure is raised before the deputy commissioner at the first hearing of a claim for compensation in respect of such injury or death. (Mar. 4, 1927, ch. 509, § 12, 44 Stat. 1431.)

CROSS REFERENCES

Cancellation of contract or policy of insurance, notice In accordance with subd. (c), see section 936 (b) of this title.

Report of injury or death to Secretary, see section 930 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 936 of this title.

§ 913. Time for filing of claims.

(a) The right to compensation for disability under this chapter shall be barred unless a claim therefor is filled within one year after the injury, and the right to compensation for death shall be barred unless a claim therefor is filed within one year after the death, except that if payment of compensation has been made without an award on account of such injury or death a claim may be filed within one year after the date of the last payment. Such claim shall be filed with the deputy commissioner in the compensation district in which such injury or such death occurred.

(b) Notwithstanding the provisions of subdivision (a) of this section failure to file a claim within the period prescribed in such subdivision shall not be a bar to such right unless objection to such failure is made at the first hearing of such claim in which all parties in interest are given reasonable notice and opportunity to be heard.

(c) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the provisions of subdivision (a) of this section shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age.

(d) Where recovery is denied to any person, in a suit brought at law or in admiralty to recover damages in respect of injury or death, on the ground that such person was an employee and that the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter, the limitation of time prescribed in subdivision (a) of this section shall begin to run only from the date of termination of such suit. (Mar. 4, 1927, ch. 509, § 13, 44 Stat. 1432.)

CROSS REFERENCES Report of injury or death to Secretary, see section 930 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 919 of this title. § 914. Payment of compensation.

(a) Compensation under this chapter shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer.

(b) The first installment of compensation shall become due on the fourteenth day after the employer has knowledge of the injury or death, on which date all compensation then due shall be paid. Thereafter compensation shall be paid in installments, semimonthly, except where the deputy commissioner determines that payment in installments should be made monthly or at some other period.

(c) Upon making the first payment, and upon suspension of payment for any cause, the employer shall immediately notify the deputy commissioner, in accordance with a form prescribed by the Secretary, that payment of compensation has begun or has been suspended, as the case may be.

(d) If the employer controverts the right to compensation he shall file with the deputy commissioner on or before the fourteenth day after he has knowledge of the alleged injury or death, a notice, in accordance with a form prescribed by the Secretary stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the grounds upon which the right to compensation is controverted.

(e) If any installment of compensation payable without an award is not paid within fourteen days after it becomes due, as provided in subdivision (b) of this section, there shall be added to such unpaid installment an amount equal to 10 per centum thereof, which shall be paid at the same time as, but in addition to, such installment, unless notice is filed under subdivision (d) of this section, or unless such nonpayment is excused by the deputy commissioner after a showing by the employer that owing to conditions over which he had no control such installment could not be paid within the period prescribed for the payment.

(f) If any compensation, payable under the terms of an award, is not paid within ten days after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 per centum thereof, which shall be paid at the same time as, but in addition to, such compensation, unless review of the compensation order making such award is had as provided in section 921 of this title and an interlocutory injunction staying payments is allowed by the court as provided therein.

(g) Within sixteen days after final payment of compensation has been made, the employer shall send to the deputy commissioner a notice, in accordance with a form prescribed by the Secretary, stating that such final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury

or death, and the date to which compensation has been paid. If the employer fails to so notify the deputy commissioner within such time the Secretary shall assess against such employer a civil penalty in the amount of $100.

(h) The deputy commissioner (1) may upon his own initiative at any time in a case in which payments are being made without an award, and (2) shall in any case where right to compensation is controverted, or where payments of compensation have been stopped or suspended, upon receipt of notice from any person entitled to compensation, or from the employer, that the right to compensation is controverted, or that payments of compensation have been stopped or suspended, make such investigations, cause such medical examinations to be made, or hold such hearings, and take such further action as he considers will properly protect the rights of all parties.

(i) Whenever the deputy commissioner deems it advisable he may require any employer to make a deposit with the Treasurer of the United States to secure the prompt and convenient payment of such ccmpensation, and payments therefrom upon any awards shall be made upon order of the deputy commissioner.

(j) Whenever the deputy commissioner determines that it is in the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the deputy commissioner with the approval of the Secretary, may be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at 4 per centum true discount compounded annually. The probability of the death of the injured employee or other person entitled to compensation before the expiration of the period during which he is entitled to compensation shall be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife shall be determined in accordance with the remarriage tables of the Dutch Royal Insurance Institution. The probability of the happening of any other contingency affecting the amount or duration of the compensation shall be disregarded.

(k) If the employer has made advance payments of compensation, he shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due.

(1) An injured employee, or in case of death his dependents or personal representative, shall give receipts for payment of compensation to the employer paying the same and such employer shall produce the same for inspection by the deputy commissioner, whenever required.

(m) The total money allowance payable to an employee as compensation for an injury under this chapter shall in no event exceed in the aggregate the sum of $24,000: Provided, That this limitation shall not apply to cases of permanent total disability or death: And provided further, That in applying this limitation there shall not be taken into account any amount payable under section 908 (g) of this title for maintenance during rehabilitation or any amount of additional compensation required to be

paid under this section for delay or default in the payment of compensation or any amount accruing as interest upon defaulted compensation collectible under section 918 of this title. (Mar. 4, 1927, ch. 509, § 14, 44 Stat. 1432; May 26, 1934, ch. 354, § 4, 48 Stat. 807; June 25, 1938, ch. 685, § 7, 52 Stat. 1167; June 24, 1948, ch. 623, § 5, 62 Stat. 603; July 26, 1956, ch. 735, § 5, 70 Stat. 655; July 14, 1961, Pub. L. 87-87, § 3, 75 Stat. 203.)

AMENDMENTS

1961-Subd. (m). Pub. L. 87-87 increased the limitation on total money allowance as compensation for injury from "$17,280" to "24,000."

1956 Subd. (m). Act July 26, 1956, provided for maximum money allowance of $17,280 in lieu of total compensation of $11,000, eliminated additional former limit of $10,000 for disabilities compensable under section 908 (c) (21) of this title, and added provision excepting from $17,280 limitation, amounts payable under section 908 (g) of this title for maintenance during rehabilitation, and amounts payable under this section for delay or default in payment of compensation or interest collectible under section 918 of this title.

1948 Subd. (m). Act June 24, 1948, increased the overall statutory maximum limitation upon compensation for disability from $7,500 to $11,000, and fixed a sublimitation of $10,000 upon that particular compensation for permanent partial disability which is payable when the case is classified as one in which compensation shall be payable under section 908 (c) (21) of this title, but neither limitation shall apply for permanent total disability or death.

1938-Subd. (f). Act June 25, 1938, inserted the clause "and an interlocutory injunction staying payments is allowed by the court as provided therein".

1934 Subd. (j). Act May 26, 1934, substituted the phrase "in the interest of justice" for "for the best interests of a person entitled to compensation"; inserted "or any part thereof as determined by the deputy commissioner with the approval of the Commission"; and inserted the provision for determining probability of remarriage.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment of subd. (m) of this section by Pub. L. 87-87 effective as to injuries sustained on or after July 14, 1961, see section 4 of Pub. L. 87-87, set out as a note under section 906 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment of subd. (m) of this section by act July 26, 1956, applicable only with respect to injuries and death occurring on or after July 26, 1956, see note set out under section 906 of this title.

EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by act June 24, 1948, applicable to death or injuries occurring after June 24, 1948, see note set out under section 906 of this title.

TRANSFER OF FUNCTIONS

In text of this section, "Secretary", referring to the "Secretary of Labor", was substituted for "Administrator" by former 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271.

"Administrator" was substituted for "Commission" by former section 3 of 1946 Reorg. Plan No. 2, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095.

CROSS REFERENCES

Certain approved settlements to be paid in installments, see section 908 (1) of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 906 of this title; title 42 section 1702.

§ 915. Invalid agreements.

(a) No agreement by an employee to pay any portion of premium paid by his employer to a car

rier or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000.

(b) No agreement by an employee to waive his right to compensation under this chapter shall be valid. (Mar. 4, 1927, ch. 509, § 15, 44 Stat. 1434.)

CROSS REFERENCES

Settlement of claim, where deputy commissioner determines it is for the best interest of injured employee, notwithstanding provision of subd. (b) of this section, see section 908 (1) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 908 of this title. § 916. Assignment and exemption from claims of creditors.

No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. (Mar. 4, 1927, ch. 509, § 16, 44 Stat. 1434.)

CROSS REFERENCES

Settlement of claim, where deputy commissioner determines it is for best interest of injured employee, notwithstanding provisions of this section, see section 908 (1) of this title.

FEDERAL RULES OF CIVIL PROCEDURE

Execution, see Rule 69, Title 28, Appendix, Judiciary and Judicial Procedure.

Continuation of section, see also note by Advisory Committee under that rule.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 908 of this title.

§ 917. Compensation a lien against assets.

Any person entitled to compensation under the provisions of this chapter shall have a lien against the assets of the carrier or employer for such compensation without limit of amount, and shall, upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both, be entitled to preference and priority in the distribution of the assets of such carrier or employer, or both. (Mar. 4, 1927, ch. 509, § 17, 44 Stat. 1434; June 25, 1938, ch. 685, § 8, 52 Stat. 1167.)

AMENDMENTS

1938-Act June 25, 1938, substituted present provision for "Compensation shall have the same preference of lien against the assets of the carrier or employer without limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 918 of this title. § 918. Collection of defaulted payments; special fund. (a) In case of default by the employer in the payment of compensation due under any award of compensation for a period of thirty days after the compensation is due and payable, the person to

whom such compensation is payable may, within one year after such default, make application to the deputy commissioner making the compensation order or1 a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as provided in section 919 of this title, the deputy commissioner shall make a supplementary order, declaring the amount of the default, which shall be filed in the same manner as the compensation order. In case the payment in default is an installment of the award, the deputy commissioner may, in his discretion, declare the whole of the award as the amount in default. The applicant may file a certified copy of such supplementary order with the clerk of the Federal district court for the judicial district in which the employer has his principal place of business or maintains an office, or for the judicial district in which the injury occurred. In case such principal place of business or office or place where the injury occurred is in the District of Columbia, a copy of such supplementary order may be filed with the clerk of the United States District Court for the District of Columbia. Such supplementary order of the deputy commissioner shall be final, and the court shall, upon the filling of the copy, enter judgment for the amount declared in default by the supplementary order if such supplementary order is in accordance with law. Review of the judgment so entered may be had as in civil suits for damages at common law. Final proceedings to execute the judgment may be had by writ of execution in the form used by the court in suits at common law in actions of assumpsit. No fee shall be required for filing the supplementary order nor for entry of judgment thereon, and the applicant shall not be liable for costs in a proceeding for review of the judgment unless the court shall otherwise direct. The court shall modify such judgment to conform to any later compensation order upon presentation of a certified copy thereof to the court.

(b) In cases where judgment cannot be satisfied by reason of the employer's insolvency or other circumstances precluding payment, the Secretary of Labor may, in his discretion and to the extent he shall determine advisable after consideration of current commitments payable from the special fund established in section 944 of this title, make payment from such fund upon any award made under this Act, and in addition, provide any necessary medical, surgical, and other treatment required by section 907 of this title in any case of disability where there has been a default in furnishing medical treatment by reason of the insolvency of the employer. Such an employer shall be liable for payment into such fund of the amounts paid therefrom by the Secretary of Labor under this subsection; and for the purpose of enforcing this liability, the Secretary of Labor for the benefit of the fund shall be subrogated to all the rights of the person receiving such payment or benefits, including the right of lien and priority provided for by section 917 of this title, of this Act, as against the employer and may by a proceeding in the name of the Secretary of Labor under section 918 of this title or under subsection (c) of section 921 of this title, or both, seek to recover the amount of the default or so much thereof as in the

1 So in original. Probably should read "for".

judgment of the Secretary is possible, or the Secretary may settle and compromise any such claim. (Mar. 4, 1927, ch. 509, § 18, 44 Stat. 1434; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32 (b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; July 26, 1956, ch. 735, § 6, 70 Stat, 655.) AMENDMENTS

1956 Act July 26, 1956, designated existing provisions as subd. (a) and added subd. (b).

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted "United States District Court for the District of Columbia" for "the district court of the United States for the District of Columbia".

Act June 25, 1936, substituted "district court of the United States for the District of Columbia" for "Supreme Court of the District of Columbia".

CROSS REFERENCES

Employees of nonappropriation fund instrumentalities of armed services, see section 8171 et seq. of Title 5, Government Organization and Employees.

FEDERAL RULES OF CIVIL PROCEDURE

Continuation of section under Rule 69, see note by Advisory Committee under Rule 69, Title 28, Appendix, Judiciary and Judicial Procedure.

Execution, see Rule 69.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 919, 939, 944 of this title; title 5 section 8171; title 42 section 1653.

§ 919. Procedure in respect of claims.

(a) 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) 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) 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 subdivision (b) of this section, the deputy commissioner shall, by order, reject the claim or make an award in respect of the claim. (d) At such hearing the claimant and the employer may each present evidence in respect of such

claim and may be represented by any person authorized in writing for such purpose.

(e) 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) An award of compensation for disability may be made after the death of an injured employee. (g) At any time after a claim has been filled 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) 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, § 19, 44 Stat. 1435; June 25, 1938, ch. 685, § 9, 52 Stat. 1167; June 11, 1960, Pub. L. 86-507, § 1(30), (31), 74 Stat. 202.)

In text of this section, "Secretary", referring to the "Secretary of Labor", was substituted for “Administrator" by former 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271.

In text of this section, "Administrator" was substituted for "Commission" by former section 3 of 1946 Reorg. Plan No. 2, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095. CROSS REFERENCES

Review of compensation orders, see section 921 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 918, 921 of this title.

§ 920. Presumptions.

In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of substantial evidence to the contrary

(a) That the claim comes within the provisions of this chapter.

(b) That sufficient notice of such claim has been given.

(c) That the injury was not occasioned solely by the intoxication of the injured employee.

(d) That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another. (Mar. 4, 1927, ch. 509, § 20, 44 Stat. 1436.)

CROSS REFERENCES

Intoxication, suicide and homicide as excluding coverage, see section 903 (b) of this title.

§ 921. Review of compensation orders.

(a) A compensation order shall become effective when filled 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 subdivision (b) of this section, shall become final at the expiration of the thirtieth day thereafter.

(b) If not in accordance with law, a compensation order may be suspended or set aside, in whole or in part, through injunction proceedings, mandatory or otherwise, brought by any party in interest against the deputy commissioner making the order, and instituted in the Federal district court for the judicial district in which the injury occurred (or in the United States District Court for the District of Columbia if the injury occurred in the District). 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 upon application for an interlocutory injunction the court, on hearing, after not less than three days' notice to the parties in interest and the deputy commissioner, allows the stay of such payments, in whole or in part, where irreparable damage would otherwise ensue to the employer. The order of the court allowing any such stay shall contain a specific finding, based upon evidence submitted to the court and identified by reference thereto, that such irreparable damage would result to the employer, and specifying the nature of the damage.

(c) 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.

(d) 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, § 21, 44

Penalty for failure to pay award pending review, see section 914 (f) of this title.

FEDERAL RULES OF CIVIL PROCEDURE Application, see Rule 81, Title 28, Appendix, Judiciary and Judicial Procedure.

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. § 921a. Appearance of United States attorney for Secretary of Labor or deputy commissioner.

In any court proceedings under section 921 of this title or other provisions of this chapter, it shall be the duty of the United States attorney in the judicial district in which the case is pending to appear as attorney or counsel on behalf of the Secretary of Labor or his deputy commissioner when either is a party to the case or interested, and to represent such Secretary or deputy in any court in which such case may be carried on appeal. (May 4, 1928, ch. 502, 45 Stat. 490; June 25, 1948, ch. 646, § 1, 62 Stat 909.)

CODIFICATION

Section was not enacted as part of the Longshoremen's and Harbor Workers' Compensation Act which comprises this chapter.

CHANGE OF NAME

Act June 25, 1948, substituted "United States attorney" for "district attorney of the United States". See section 501 of Title 28, Judiciary and Judicial Procedure.

TRANSFER OF FUNCTIONS

In text of this section, "Secretary", referring to the "Secretary of Labor", was substituted for "Administrator" by 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271.

References to United States Employees' Compensation Commission were changed to Federal Security Administrator and Commission to Administrator by former section 3 of 1946 Reorg. Plan No. 2, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 941 of this title.

§ 922. Modification of awards.

Upon his own initiative, or upon the application of any party in interest, 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 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