Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · STATUTES-AT-LARGE · Vol. 44 STAT. · March 4, 1927 · Chapter 509

Chapter 509. To provide compensation for disability or death resulting from injury to employees in certain maritime employments, and for other purposes

13,390 words·~61 min read·/statutes-at-large/vol-44/chapter-509-23188579·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CHAP. 509.— An Act To provide compensation for disability or death resulting from injury to employees in certain maritime employments, and for other purposes.March 4, 1927.[[S. 3170](/us/bill/68/s/3170).][[Public, No. 803](/us/pl/69/803).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, short title Section 1. This Act may be cited as “Longshoremen’s and HarborLongshoremen’s and Harbor Workers’ Compensation Act. Workers’ Compensation Act.” definitions Sec. 2. When used in this Act—
(1)The term “person ” means individual, partnership, corporation,Meaning of terms.“Person” or association. 1425
(2)The term “injury” means accidental injury or death arising“Injury.” out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment.
(3)The term “employee” does not include a master or member“Employee.” of a crew of any vessel, nor any person engaged by the master to load or unload or repair any small vessel under eighteen tons net.
(4)The term “employer” means an employer any of whose“Employer.” employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any dry dock.) (5)The term “ carrier ” means any person or fund authorized“Carrier.”*Post*, p. 1439. under section 32 to insure under this Act and includes self-insurers.
(6)The term “ commission ” means the United States Employees’“Commission.” Compensation Commission.
(7)The term “ deputy commissioner” means the deputy commissioner“Deputy Commissioner” having jurisdiction in respect of an injury or death.
(8)The term “State” includes a Territory and the District of“State.” Columbia.
(9)The term “ United States ” when used in a geographical sense“United States.“ means the several States and Territories and the District of Columbia, including the territorial waters thereof.
(10)“Disability” means incapacity because of injury to earn“Disability.” the wages which the employee was receiving at the time of injury in the same or any other employment.
(11)“Death” as a basis for a right to compensation means only“Death” death resulting from an injury.
(12)“ Compensation ” means the money allowance payable to an“Compensation.” employee or to his dependents as provided for in this Act, and includes funeral benefits provided therein.
(13)“Wages” means the money rate at which the service rendered“Wages.” is recompensed under the contract of hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer.
(14)“Child” shall include a posthumous child, a child legally“Child.” adopted prior to the injury of the employee, and a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. “ Grandchild ” means a child as above“Grandchild.”“Brother” and “sister.” defined of a child as above defined. “ Brother ” and “ sister ” include stepbrothers and step-sisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. “ Child,” “ grandchild,”Limited to under 18 years of age. “brother,” and “sister” include only persons who at the time of the death of the deceased employee are under eighteen years of age.
(15)The term “parent” includes step-parents and parents by“Parent.” adoption, parents-in-law, and any person who for more than three years prior to the death of the deceased employee stood in the place of a parent to him, if dependent on the injured employee.
(16)The term “widow” includes only the decedent’s wife living“Widow.” with or dependent for support upon him at the time of his death; or living apart for justifiable cause or by reason of his desertion at such time.
(17)The term “widower” includes only the decedent’s husband“Widower.” who at the time of her death lived with her and was dependent for support upon her. 1426
(18)The terms “ adoption ” or “ adopted ” mean legal adoption“Adoption.” prior to the time of the injury.
(19)The singular includes the plural and the masculine includesPerson and gender inclusion. the feminine and neuter. coverageCoverage. Sec. 3.(a) Compensation shall be payable under this Act inCompensation only for injuries on navigable waters, if no recovery provided by State law. respect of disability or death of an employee, but only if the dis-ability or death results from an injury occurring upon the navigable waters of the United States (including any dry dock) and if recovery for the disability or death through workmen’s compensation proceedings may not validly be provided by State law. No compensationPersons excluded. shall be payable in respect of the disability or death of—
(1)A master or member of a crew of tiny vessel, nor any personMaster or crew of vessel, etc. engaged by the master to loud or unload or repair any small vessel under eighteen tons net; or
(2)An officer or employee of the United States or any agencyFederal, State, etc., employees. thereof or of any State or foreign government, or of any political subdivision thereof.
(b)No compensation shall be payable if the injury was occasionedIf injury occasioned solely by intoxication, etc. solely by the intoxication of the employee or by the willful intention of the employee to injure or kill himself or another. liability for compensationLiability for compensation. Sec. 4.
(a)Every employer shall be liable for and shall secureEmployers to secure payment to employees. the payment to his employees of the compensation payable under sections 7, 8, and 9. In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure the payment of such compensation to employees of the subcontractor unless the subcontractor has secured such payment.
(c)Compensation shall be payable irrespective of fault as aIrrespective of fault as a cause. cause for the injury. exclusiveness of liabilityExclusiveness of liability. Sec. 5. The liability of an employer prescribed in section 4 shall beNo other liability to recover damages. exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except that if an employer fails to secure payment of compensationException. as required by this Act an injured employee, or his legal representative in ease death results from the injury, may elect to claim compensation under this Act, or to maintain an action at law or in admiralty for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, nor that the employee assumed the risk of his employment, nor that the injury was due to the contributory negligence of the employee. time for commencement of compensationCompensation. Sec. 6.
(a)No compensation shall be allowed for the first sevenNo allowance for first seven days; exception.*Proviso*. Allowance from date of disability. days of the disability, except the benefits provided for in section 7: *Provided, however*, That in case the injury results in disability of more than forty-nine days, the compensation shall be allowed from the date of the disability.
(b)Compensation for disability shall not exceed $25 per week norLimitation. be less than $8 per week: *Provided, however*, That if the employee’s*Proviso*.Full weekly wages. wages at the time of injury are less than $8 per week he shall receive his full weekly wages. 1427 medical services and suppliesMedical services, etc. Sec. 7.
(a)The employer shall furnish such medical, surgical, andTo be furnished by employer. other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus for such period as the nature of the injury or the process of recovery may require. If the employer fails toAmount employee may recover from employer who refuses, etc.Conditions. provide the same, after request by the injured employee, such injured employee may do so at the expense of the employer. The employee shall not be entitled to recover any amount expended by him for such treatment or services unless he shall have requested the employer to furnish the same and the employer shall have refused or neglected to do so, or unless the nature of the injury required such treatment and services and the employer or his superintendent or foreman having knowledge of such injury shall have neglected to provide the same; nor shall any claim for medical or surgical treatment be validReport required of treatment by physician. and enforceable, as against such employer, unless within twenty days following the first treatment the physician giving such treatment furnish to the employer and the deputy commissioner a report of such injury and treatment, on a form prescribed by the commission.
(b)Whenever in the opinion of the deputy commissioner a physicianSubsequent examinations us to degree of disability. has not impartially estimated the degree of permanent disability or the extent of temporary disability of any injured employee, the deputy commissioner shall have the power to cause such employee to be examined by a physician selected by the deputy commissioner and to obtain from such physician a report containing his estimate of such disabilities. If the report of such physician shows that theCost of, may be charged to employer, etc. estimate of the physician has not been impartial from the standpoint of such employee, the deputy commissioner shall have the power in his discretion to charge the cost of such examination to the employer, if he is a self-insurer, or to the insurance company which is carrying the risk.
(c)All fees and other charges for such treatment or service shallLimitation of fees, etc. be limited to such charges as prevail in the same community for similar treatment of injured persons of like standard of living, and shall be subject to regulation by the deputy commissioner. compensation for disabilityDisability compensation. Sec. 8. Compensation for disability shall be paid to the employeeAmounts to employee. as follows:
(a)Permanent total disability: In case of total disabilityPermanent total disability. adjudged to be permanent 66⅔ per centum of the average weekly wages shall be paid to the employee during the continuance of such total disability. Loss of both hands, or both arms, or both feet, orSpecified injuries constituting. both legs or both eyes, or of any two thereof shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts.
(b)Temporary total disability: In case of disability total inTemporary total. character but temporary in quality 66⅔ per centum of the average weekly wages shall be paid to the employee during the continuance thereof.
(c)Permanent partial disability: In case of disability partial inPermanent partial. character but permanent in quality the compensation shall be 66⅔ per centum of the average weekly’ wages, and shall be paid to the employee, as follows:
(1)Arm lost, three hundred and twelve weeks’ compensation.Specified injuries.
(2)Leg lost, two hundred and eighty-eight weeks’ compensation.
(3)Hand lost, two hundred and forty-four weeks’ compensation.
(4)Foot lost, two hundred and five weeks’ compensation. 1428
(5)Eye lost, one hundred and sixty weeks’ compensation.
(6)Thumb lost, seventy-five weeks’ compensation.
(7)First finger lost, forty-six weeks’ compensation.
(8)Great toe lost, thirty-eight weeks’ compensation.
(9)Second finger lost, thirty weeks’ compensation.
(10)Third finger lost, twenty-five weeks’ compensation.
(11)Toe other than great toe lost, sixteen weeks’ compensation.
(12)Fourth finger lost, fifteen weeks’ compensation.
(13)Loss of hearing: Compensation for loss of hearing of one ear, fifty-two weeks. Compensation for loss of hearing of both ears, two hundred weeks.
(14)Phalanges : Compensation for loss of more than one phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the first phalange shall be one-half of the compensation for loss of the entire digit.
(15)Amputated arm or leg: Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for a loss of the arm or leg; but, if amputated between the elbow and the wrist or the knee and the ankle, shall be the same as for loss of a hand or foot.
(16)Binocular vision or per centum of vision: Compensation for loss of binocular vision or for 80 per centum or more of the vision of an eye shall be the same as for loss of the eye.
(17)Two or more digits: Compensation for loss of two or more digits, or one or more phalanges of two or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the compensation for loss of a hand or foot.
(18)Total loss of use : Compensation for permanent total lossTotal loss of use. of use of a member shall be the same as for loss of the member.
(19)Partial loss or partial loss of use: Compensation for permanentPartial loss of use. partial loss or loss of use of a member may be for proportionate loss or loss of use of the member.
(20)Disfigurement: The deputy commissioner shall award properDisfigurement. and equitable compensation for serious facial or head disfigurement, not to exceed $3,500.
(21)Other cases: In all other cases in this class of disabilityOther cases, based on difference between present and former wage-earning capacity. the compensation shall be 66⅔ per centum of the difference between his average weekly wages and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such partial disability, but subject to reconsideration of the degree of such impairment by the deputy commissioner on his own motion or upon application of any party in interest.
(22)In case of temporary total disability and permanent partialTemporary total and partial disability from same injury. disability, both resulting from the same injury, if the temporary total disability continues for a longer period than the number of weeks set forth in the following schedule, the period of temporary total disability in excess of such number of weeks shall be added to the compensation period provided in subdivision
(c)of thisAddition. section: Arm, thirty-two weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; eye, twenty weeks; thumb, twenty-four weeks; first finger, eighteen weeks;'great toe, twelve weeks, second finger, twelve weeks; third finger, eight weeks; fourth finger, eight weeks; toe other than great toe, eight weeks. In any case resulting in loss or partial loss of use of arm, leg, Where temporary total does not extend beyond period for permanent. hand, foot, eye, thumb, finger, or toe, where the temporary total disability does not extend beyond the periods above mentioned for such injury, compensation shall be limited to the schedule contained in subdivision (c). 1429
(d)Any compensation to which any claimant would be entitledPayments in case of under subdivision
(c)excepting subdivision (c—21) shall, notwithstanding death arising from causes other than the injury, be payable to and for the benefit of the persons following:
(1)If there be a surviving wife or dependent husband and noWife or dependent child of the deceased under the age of eighteen years, to such wife or dependent husband.
(2)If there be a surviving wife or dependent husband and survivingDivision between wife or husband and child or children of the deceased under the age of eighteen years, one half shall be payable to the surviving wife or dependent husband and the other half to the surviving child or children.
(3)The deputy commissioner may in his discretion require theGuardian for minor appointment of a guardian for the purpose of receiving the compensation of the minor child. In the absence of such a requirement the appointment for such a purpose shall not be necessary.
(4)If there be a surviving child or children of the deceasedChild If no wife or husband. under the age of eighteen years, but no surviving wife or dependent husband, then to such child or children.
(5)An award for disability may be made after the death of theAward after death. injured employee.
(e)Temporary partial disability: In case of temporary partialTemporary partial disability.Computation of allowance. disability resulting in decrease of earning capacity the compensation shall be two-thirds of the difference between the injured employee s average weekly wages before the injury and his wage-earning capacity after the injury in the same or another employment, to be paid during the continuance of such disability, but shall not be paid for a period exceeding five years
(f)Injury increasing disability:
(1)If an employee receive anAllowance for injury increasing disability. injury which of itself would only cause permanent partial disability but which, combined with a previous disability, does in fact cause permanent total disability, the employer shall provide compensation only for the disability caused by the subsequent injury: *Provided, however* That in addition to compensation for such permanent*Proviso*.Payment from special fund. partial disability, and after the cessation of the payments for the prescribed period of weeks, the employee shall be paid the remainder of the compensation that would be due for permanent total disability. Such additional compensation shall be paid out of the special fund*Post*, p. 1444. established in section 44.
(2)In all other cases in which, following a previous disability,Payment for subsequent injury. an employee receives an injury which is not covered by
(1)of this subdivision, the employer shall provide compensation only for the disability caused by the subsequent injury. In determining compensationDetermination of. for the subsequent injury or for death resulting therefrom, the average weekly wages shall be such sum as will reasonably represent the earning capacity of the employee at the time of the subsequent
(g)Maintenance for employees undergoing vocational rehabilitation:*Post*, p. 1442.Payment. An employee who as a result of injury is or may be expected to be totally or partially incapacitated for a remunerative occupation and who under the direction of the commission as provided by section 39
(c)of this Act, is being rendered fit to engage in a remunerative*Post*, p. 1444. occupation, shall receive additional compensation necessary for his maintenance, but such additional compensation shall not exceed $10 a week. The expense shall be paid out of the special fund establishedCompensation for death. in section 44. compensation for deathAllowance if receiving vocational rehabilitation. Sec. 9. If the injury causes death, the compensation shall be knownAllowances if injury causes death. as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:
(a)Seasonable funeral expenses not exceeding $200.Funeral expenses. 1430
(b)If there be a surviving wife or dependent husband and noSurviving wife or husband and no child. child of the deceased under the age of eighteen years, to such wife or dependent husband 35 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood with two years’ compensation in one sum upon remarriage; and if there be aSurviving minor child. surviving child or children of the deceased under the age of eighteen years, the additional amount of 10 per centum of such wages for each such child until the age of eighteen years; in case of the death orIf wife or husband remarry. remarriage of such surviving wife or dependent husband any surviving child of the deceased employee, at the time under eighteen years of age, shall have his compensation increased to 15 per centum of such wage, and the same shall be payable until he shall reach the age of eighteen years: *Provided*, That the total amount payable shall*Proviso*.Total allowance. in no case exceed 66⅔ per centum of such wages. The deputy commissioner having jurisdiction over the claim may, in his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment of a guardian for such purposes shall not be necessary.
(c)If there be a surviving child or children of the deceased underSurviving minor child and no wife or husband. the age of eighteen years, but no surviving wife or dependent husband, then for the support of each such child under the age of eighteen years, 15 per centum of the wages of the deceased: *Provided*,*Proviso*.Total allowance. That the aggregate shall in no case exceed 66% per centum of such wages.
(d)If there be no surviving wife or dependent husband or childAllowance to minor grandchildren, brothers and sisters. under the age of eighteen years or if the amount payable to a surviving wife or dependent husband and to children under the age of eighteen years shall be less in the aggregate than 66⅔ per centum of the average wages of the deceased; then for the support of grand-children or brothers and sisters under the age of eighteen years, if dependent upon the deceased at the time of the injury, 15 per centum of such wages for the support of each such person until the age of eighteen years and for the support of each parent, or grandparent, ofDependent parent or grandparent. the deceased if dependent upon him at the time of the injury, 25 per centum of such wages during such dependency. But in no case shallTotal allowance. the aggregate amount payable under this subdivision exceed the difference between 66⅔ per centum of such wages, and the amount payable as hereinbefore provided to surviving wife or dependent husband and for the support of surviving child or children.
(e)In computing death benefits the average weekly wages of theComputing weekly wages. deceased shall be considered to have been not more than $37.50 nor less than $12, but the total weekly compensation shall not exceed the weekly wages of the deceased.
(f)All questions of dependency shall be determined as of theDependency at time of injury. time of the injury.
(g)Aliens: Compensation under this chapter to aliens not residentsAliens, (or about to become nonresidents) of the United States orProvisions for compensation of, not residents. Canada shall be the same in amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one year prior to the date of the injury, and except that the commission may, at its option or upon the application of the insurance carrier shall, commute all future installments of compensation to be paid to such aliens by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the commission. 1431 determination of payPay. Sec. 10. Except as otherwise provided in this Act, the averageDetermined by average wage at time of injury. weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined as follows:
(a)If the injured employee shall have worked in the employmentBased on average wage of injured person. in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary which he shall have earned in such employment during the days when so employed.
(b)If the injured employee shall not have worked in such employmentOn wage of an employee similarly employed. during substantially the whole of such year, his average annual earnings shall consist of three hundred times the average daily wage or salary which an employee of the same class working substantially the whole of such immediately preceding year in the same or in similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed.
(c)If either of the foregoing methods of arriving at the annualSum representing annual earnings of injured and similar employee. average earnings of an injured employee can not reasonably and fairly be applied, such annual earnings shall be such sum as, having regard to the previous earnings of the injured employee and of other employees of the same or most similar class, working in the same or most similar employment in the same or neighboring locality, shall reasonably represent, the annual earning capacity of the injured employee in the employment in which he was working at the time of the injury.
(d)The average weekly wages of an employee shall be one fifty-secondWeekly wage computed. part of his average annual earnings.
(e)If it be established that the injured employee was a minorAllowance to injured miners. when injured, and that under normal conditions his wages should be expected to increase during the period of disability the fact may be considered in arriving at his average weekly wages. guardian for minor or incompetentGuardian for minor or incompetent. Sec. 11. The deputy commissioner may require the appointmentAppointment by court of person to receive compensation. by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive compensation payable to such person under this Act and to exercise the powers granted to or to perform the duties required of such person under this Act. notice of injury or deathNotice of injury or death. Sec. 12.
(a)Notice of an injury or death in respect of whichTime tor, to deputy commissioner of the district, and employer. compensation is payable under this Act shall be given within thirty days after the date of such injury or death
(1)to the deputy commissioner in the compensation district in which such injury occurred and
(2)to the employer.
(b)Such notice shall be in writing, shall contain the name andNotice requirements. address of the employee and a statement of the time, place, nature, and cause of the injury or death, and shall be signed by the employee or by some person on his behalf, or in case of death/by any person claiming to be entitled to compensation for such death or by a person on his behalf.
(c)Notice shall be given to the deputy commissioner by deliveringTo deputy commissioner and employer. it to him or sending it by mail addressed to his office, and to the 1432 employer by delivering it to him or by sending it by mail addressed to him at his last known place of business. If the employer is a partnership, such notice may be given to any partner, or if a corporation, such notice may 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 underClaim not barred by failure of notice, If employer or carrier had knowledge thereof. this Act
(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 failureOr if excused by commissioner. 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. time for filing of claimsTime for filing claims. Sec. 13.(a) The right to compensation for disability under thisWithin one year after injury or death. Act shall be barred unless a claim therefor is filed 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 with-out 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)failure toFailure no bar unless objection made at first bearing. 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 Act isTime allowance for mentally incompetents and minors. mentally incompetent or a minor, the provisions of subdivision
(a)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 atIf person denied recovery in suit in court. 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 Act and that such employer had secured compensation to such employee under this Act, the limitation of time prescribed in subdivision
(a)shall begin to run only from the date of termination of such suit. payment of compensationPayment of compensation. Sec. 14.
(a)Compensation under this Act shall be paid periodically,Directly to person entitled. 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 theFirst installment. fourteenth day after the employer has knowledge of the injury or death, on which date all compensation then due shall be paid. There-after 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. 1433
(c)Upon making the first payment, and upon suspension of paymentNotification of payment. for any cause, the employer shall immediately notify the deputy commissioner, in accordance with a form prescribed by the commission, 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 shallNotice from employer controverting right to compensation. 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 commission, 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 awardAdditional amount if installment without an award not paid when due. 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, isFurther addition if under terms of an award. 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 21.
(g)Within sixteen days after final payment of compensation hasNotice after final payment of compensation. been made, the employer shall send to the deputy commissioner a notice, in accordance with a form prescribed by the commission, 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 employerPenalty for failure to notify. fails to so notify the deputy commissioner within such time the commission shall assess against such employer a civil penalty in the amount of $100.
(h)The deputy commissioner
(1)may upon his own initiative atSpecial examination where right to compensation, etc., controverted. 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 mayDeposit by employer to secure payments may be required. require any employer to make a deposit with the Treasurer of the United States to secure the prompt and convenient payment of such compensation, and payments therefrom upon any awards shall be made upon order of the deputy commissioner.
(j)Whenever the deputy commissioner determines that it is forUse of lump sum to discharge liability of employer. the best interests of a person entitled to compensation, the liability of the employer for such compensation may be discharged by the payment of a lump sum equal to the present Value of all future payments of compensation computed at 4 per centum true discount compounded annually. The probability of the death of the injuredDetermination of amount. employee or other person entitled to compensation before the expiration of the period during which he is entitled to compensation shall 1434 be determined in accordance with the American Experience Table of Mortality. 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,Advance payments to be reimbursed. he shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due.
(l)An injured employee, or in case of death his dependents orReceipts for payments. 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 compensation payable under this Act for injuryMaximum allowance. or death shall in no event exceed the sum of $7,500. invalid agreementsInvalid agreements. Sec. 15.
(a)No agreement by an employee to pay any portion ofBy employee to pay any portion of premium to a carrier, etc. premium paid by his employer to a carrier 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 Act 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 Act 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 compensationTo waive right to compensation. under this Act shall be valid. assignment and exemption from claims of creditors Sec. 16. No assignment, release, or commutation of compensationAssignments, etc., not valid. or benefits due or payable under this Act, except as provided by this Act, 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. compensation a lien against assetsCompensation a lien. Sec. 17. Compensation shall have the same preference of lienPreference of, against employer or carrier. 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. collection of defaulted paymentsCollection of defaulted payments. Sec. 18. In case of default by the employer in the payment ofApplication to deputy commissioner. 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 mailing the compensation order or a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as providedOrder to be made. in section 19, 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 1435 in default. The applicant may file a certified copy of such supplementaryCourt action. 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 Supreme Court of the District of Columbia. Such supplementary order of the deputy commissioner shall be final, and the court shall upon the filing 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 proceedingsExecution of judgment. 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. procedure in respect of claimsProcedure in respect of claims. Sec. 19.
(a)Subject to the provisions of section 13 a claim forRegulations for time of filing, etc.*Ante*, p. 1432. compensation may be filed with the deputy commissioner in accordance with regulations prescribed by the commission 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,Notification to be served. in accordance with regulations prescribed by the commission, 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 suchInvestigation, eta, directed. 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 commissionerHearings. shall give the claimant and other interested parties at least ten days’ notice of such hearing, served personally upon the claimant and other interested par-ties or sent to such claimant and other interested parties by registered 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), 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 eachEvidence allowed. 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 (referredOrder of rejection, to be filed, eta to in this Act as a compensation order) shall be filed in the office of the deputy commissioner, and a copy thereof shall be sent by registered mail to the claimant and to the employer at the last known address of each. 1436
(f)An award of compensation for disability may be made afterAllowance, after death. the death of an injured employee.
(g)After a compensation order has issued in any case the deputyTransfer of cases. commissioner may transfer such case to any other deputy commissioner for the purpose of taking testimony or making physical examinations.
(h)An injured employee claiming or entitled to compensationPhysical examinations. 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 commission 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. presumptionsPresumptions. Sec. 20. In any proceeding for the enforcement of a claim forAllowed in claims proceedings. compensation under this Act it shall be presumed, in the absence of substantial evidence to the contrary—
(a)That the claim comes within the provisions of this Act.
(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. review of compensation ordersCompensation orders. Sec. 21.
(a)A compensation order shall become effective whenEffective when filed, etc. filed in the office of the deputy commissioner as provided in section 19, and, unless proceedings for the suspension or setting aside of such order are instituted us 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 beProcedure for suspension, etc. 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 Supreme Court of 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 thePayments not stayed, unless by order of court. amounts required by an award shall not be stayed pending final decision in any such proceeding unless upon application tor 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 withApplication by beneficiary for enforcement. 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 1437 district court for the judicial district in which the injury occurred (or to the Supreme Court of the District of Columbia if the injury occurred in the District). If the court determines that the orderAction of court. 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 aProceedings only as herein provided.*Ante*, p. 1434. compensation order, whether rejecting a claim or making an award, shall not be instituted otherwise than as provided in this section and section 18. modification of awardsModification of awards. Sec. 22. Upon his own initiative, or upon application of any partyProcedure for review etc. in interest, on the ground of a change in conditions, the deputy commissioner may at any time during the term of an award and after the compensation order in respect of such award has become final, review such order in accordance with the procedure prescribed in respect of claims in section 19, and in accordance with such section*Ante*, p. 1435. issue a new compensation order which may terminate, continue, increase, or decrease such compensation. Such new order shall not affect any compensation paid under authority of the prior order. procedure before the deputy commissionerProcedure before deputy commissioner. Sec. 23.
(a)In mailing an investigation or inquiry or conductingManner of conducting. a hearing the deputy commissioner shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this Act; but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.
(b)Hearings before a deputy commissioner shall be open to theHearings to be open, etc. public and shall be stenographically reported, and the deputy com-missioners, subject to the approval of the commission, are authorized to contract for the reporting of such hearings. The commission shall by regulation provide for the preparation of a record of the hearings and other proceedings before the deputy commissioners. witnessesWitnesses. Sec. 24. No person shall be required to attend as a witness in anyAttendance limitations, etc. proceeding before a deputy commissioner at a place outside of the State of his residence and more than one hundred miles from his place of residence, unless his lawful mileage and fee for one day’s attendance shall be first paid or tendered to him; but the testimony of any witness may be taken by deposition or interrogatories according to the rules of practice of the Federal district court for the judicial district in which the case is pending (or of the Supreme Court of the District of Columbia if the case is pending in the District). witness feesWitness fees. Sec. 25. Witnesses summoned in a proceeding before a deputyAs allowed in Federal courts. commissioner or whose depositions are taken shall receive the same fees and mileage as witnesses in courts of the United States. 1438 costs in proceedings brought without reasonable groundsProceedings without reasonable grounds therefor. Sec. 26. If the court having jurisdiction of proceedings in respectCosts assessed against party instituting. of any claim or compensation order determines that the proceedings in respect of such claim or order have been instituted or continued without reasonable ground, the costs of such proceedings shall be assessed against the party who has so instituted or continued such proceedings. powers of deputy commissionersDeputy commissioners. Sec. 27.
(a)The deputy commissioner shall have power to preserveGeneral powers to secure evidence, etc. and enforce order during any such proceedings; to issue subpeonas for, to administer oaths to, and to compel the attendance and testimony of witnesses, or the production of books, papers, documents, and other evidence, or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law which may be necessary to enable him effectively to discharge the duties of his office.
(b)If any person in proceedings before a deputy commissionerJurisdiction of district court, to punish resisting of lawful orders, etc. disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the deputy commissioner shall certify the facts to the district court having jurisdiction in the place in which he is sitting (or to the Supreme Court of the District of Columbia if lie is sitting in such District) which shall thereupon in a summary manner hear the evidence as to the acts complained of, and, if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court, or commit such person upon the same conditions as if the doing or the forbidden act had occurred with reference to the process of or in the presence of the court. fees for servicesFees for services. Sec. 28.
(a)No claim for legal services or for any other servicesLimited as allowed by commissioner or court. rendered in respect of a claim or award for compensation, to or on account of any person, shall be valid unless approved by the deputy commissioner, or if proceedings for review of the order of the deputy commissioner in respect of such claim or award are had before any court, unless approved by such court. Any claim so approved shall, in the manner and to the extent fixed by the deputy commissioner or such court, be a lien upon such compensation.
(c)Any person
(1)who receives any fee, other consideration, orPunishment for receiving unauthorized tee, etc. any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the deputy commissioner or such court, or
(2)who makes it a business to solicit employment for a lawyer or for himself in respect of any claim or award for compensation, shall be guilty of a misdemeanor, and upon conviction thereof, shall, for each offense, be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or by both such fine and imprisonment. record of injury or deathRecord of injury or death. Sec. 29. Every employer shall keep a record in respect of anyEmployers to keep. injury to an employee. Such record shall contain such information of disease, other disability, or death in respect of such injury as the 1439 commission may by regulation require, and shall be available to inspection by the commission or by any State authority at such times and under such conditions as the commission may by regulation prescribe. reportsReports. Sec. 30.
(a)Within ten days from the date of any injury or deathBy employer within ten days of injury, etc. or from the date that the employer has knowledge of a disease or infection in respect of such injury, the employer shall send to the commission a report setting forth
(1)the name, address, and businessContents. of the employer;
(2)the name, address, and occupation of the employee;
(3)the cause and nature of the injury or death;
(4)the year, month, day, and hour when and the particular locality where the injury or death occurred; and
(5)such other information as the commission may require. A copy of such report shall be sent at the same time to the deputy commissioner in the compensation district in which the injury occurred.
(b)Additional reports in respect of such injury and of theAdditional as prescribed. condition of such employee shall be sent by the employer to the commission and to such deputy commissioner at such times and in such manner as the commission may prescribe.
(e)Any report provided for in subdivision
(a)or
(b)shall notNot accepted as evidence. be evidence of any fact stated in such report in any proceeding in respect of such injury or death on account of which the report is made.
(f)The mailing of any such report and copy in a stampedMailing accepted as compliance. envelope, within the time prescribed in subdivisions
(a)or (b), to the commission and deputy commissioner, respectively, shall be a compliance with this section.
(g)Any employer who fails or refuses to send any report requiredPenalty for failure, etc. of him by this section shall be subject to a civil penalty not to exceed $500 for each such failure or refusal. penalty for misrepresentationMisrepresentations. Sec. 31. Any person who willfully makes any false or misleadingPunishment for false statements to obtain benefits. statement or representation for the purpose of obtaining any benefit or payment under this Act shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment of not to exceed one year, or by both such fine and imprisonment. security for compensationSecurity for compensation. Sec. 32.
(a)Every employer shall secure the payment ofBy employer. compensation under this Act—
(1)By insuring and keeping insured the payment of such compensationBy insurance company, etc. with any stock company or mutual company or association, or with any other person or fund, while such person or fund is authorized
(A)under the laws of the United States or of any State, to insure workmen’s compensation, and
(B)by the commission, to insure payment of compensation under this Act; or
(2)By furnishing satisfactory proof to the commission of hisBy proof of ability and authorization from commission. financial ability to pay such compensation and receiving an authorization from the commission to pay such compensation directly. The commission may, as a condition to such authorization, requireDeposit of security. such employer to deposit in a depository designated by the commission either an indemnity bond or securities (at the option of the employer) of a kind and in an amount determined by the commission, and subject to such conditions as the commission may prescribe, which shall include authorization to the commission in 1440 case of default to sell any such securities sufficient to pay compensation awards or to bring suit upon such bonds, to procure prompt payment of compensation under this Act. Any employer securing compensation in accordance with the provisions of this paragraph shall be known as a self-insurer.
(b)In granting authorization to any carrier to insure paymentAuthorization to carriers. of compensation under this Act the commission may take into consideration the recommendation of any State authority having supervision over carriers or over workmen’s compensation, and may authorize any carrier to insure the payment of compensation under this Act in a limited territory. Any marine protection andAssociations deemed qualified. indemnity mutual insurance corporation or association, authorized to write insurance against liability for loss or damage from personal injury and death, and for other losses and damages, incidental to or in respect of the ownership, operation, or chartering of vessels on a mutual assessment plan, shall be deemed a qualified carrier to insure compensation under this Act. The commission may suspend or revoke any such authorization for good cause shown after a hearing at which the carrier shall be entitled to be heard in person or by counsel and to present evidence. No suspension or revocation shall affect the liability of any carrier already incurred. compensation for injures where third persons are liableinjuries by other per-sons. Sec. 33.
(a)If on account of a disability or death for whichAction against third parties liable for damages. compensation is payable under this Act the person entitled to such compensation determines that some person other than the employer is liable in damages, he may elect, by giving notice to the deputy commissioner in such manner as the commission may provide, to receive such compensation or to recover damages against such third person.
(b)Acceptance of such compensation shall operate as anAcceptance of compensation an assignment of right to employer. assignment to the employer of all right of the person entitled to compensation to recover damages against such third person, whether or not the person entitled to compensation has notified the deputy commissioner of his election.
(c)The payment of such compensation into the fund establishedEffect of payment into special fund.*Post*, p. 1444. in section 44 shall operate as an assignment to the employer of all right of the legal representative of the deceased (hereinafter referred to as “representative”) to recover damages against such third person, whether or not the representative has notified the deputy commissioner of his election.
(d)Such employer on account of such assignment may eitherAuthority of employer. institute proceedings for the recovery of such damages or may compromise with such third person either without or after instituting such proceeding.
(e)Any amount recovered by such employer on account of suchDistribution of amount recovered. assignment, whether or not as the result of a compromise, shall be distributed as follows:
(1)The employer shall retain an amount equal to—Retained by employer.Personal expenses.
(A)The expenses incurred by him in respect of such proceedings or compromise (including a reasonable attorney’s fee as determined by the deputy commissioner).
(B)The cost of all benefits actually furnished by him to theBenefits furnished employee.*Ante*, p. 1427. employee under section 7.
(C)All amounts paid as compensation, and the present value ofAmounts paid as compensation, etc. all amounts payable as compensation, such present value to be computed in accordance with a schedule prepared by the commission, and the amounts so computed to be retained by the employer as a trust fund to pay such compensation as it becomes due and 1441 to pay any sum, in excess of such compensation, to the person entitled to compensation or to the representative; and
(2)The employer shall pay any excess to the person entitled toExcess to person en-titled . compensation or to the representative.
(f)If the person entitled to compensation or the representativePayment by employer of excess of commission award over amount under court decision.*Ante*, p. 1432. elects to recover damages against such third person and notifies the commission of his election and institutes proceedings within the period prescribed in section 13. the employer shall be required to pay as compensation under this Act a sum equal to the excess of the amount which the commission determines is payable on account of such injury or death over the amount recovered against such third person.
(g)If a compromise with such third person is made by theEffect of compromise with third party. person entitled to compensation or such representative of an amount less than the compensation to which such person or representative would be entitled to under this Act, the employer shall be liable for compensation as determined in subdivision
(e)only if such compromise is made with his written approval.
(h)The deputy commissioner may, if the person entitled toAction in case of a minor. compensation under this Act is a minor, make any election required under subdivision
(a)of this section, or may authorize the parent or guardian of the minor to make such election. compensation noticeCompensation notice. Sec. 34. Every employer who has secured compensation underPosting of, in place of business, required by employer securing compensation. the provisions of this Act shall keep posted in a conspicuous place or places in and about his place or places of business typewritten or printed notices, in accordance with a form prescribed by the commission, stating that such employer has secured the payment of compensation in accordance with the provisions of this Act. Such notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy. substitution or carrier for employerSubstitution of carrier for employer. Sec. 35. In any case where the employer is not a self-insurer,Provisions for, if employer not a self-insurer. in order that the liability for compensation imposed by this Act may be most effectively discharged by the employer, and in order that the administration of this Act in respect of such liability may be facilitated, the commission shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect of such liability, imposed by this Act upon the employer, as it considers proper in order to effectuate the provisions of this Act. For such purposes (1)Transfer of jurisdiction, etc. notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier,
(2)jurisdiction of the employer by a deputy commissioner, the commission, or any court under this Act shall be jurisdiction of the carrier, and
(3)any requirement by a deputy commissioner, the commission, or any court under any compensation order, finding, or decision shall lie binding upon the carrier in the same manner and to the same extent as upon the employer. insurance policiesInsurance policies. Sec. 36.
(a)Every policy or contract of insurance issued underProvisions for carrier substitution. authority of this Act shall contain
(1)a provision to carry out the provisions of section 35, and
(2)a provision that insolvency or bankruptcy of the employer and/or discharge therein shall not> 1442 relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract.
(b)No contract or policy of insurance issued by a carrier underCancellation of policies restricted. this Act shall be canceled prior to the date specified in such contract or policy for its expiration until at least thirty days have elapsed after a notice of cancellation has been sent to the deputy commissioner and to the employer in accordance with the provisions*Ante*, p. 1431. of subdivision
(c)of section 12. certificate of compliance with this actCertificate of compliance with this Act. Sec. 37. No stevedoring firm shall be employed in any compensationRequired for employing stevedoring firm. district by a vessel or by hull owners until it presents to such vessel or hull owners a certificate issued by a deputy commissioner assigned to such district that it has complied with the provisions of this Act requiring the securing of compensation to its employees. Any person violating the provisions of this section shall be punishedPunishment for violations. by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. penalty for failure to secure payment of compensationCompensation payments. Sec. 38. Any employer required to secure the payment of compensationPunishment for failure of employer to secure. under this act who fails to secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. This section shall not affect any other liability of the employer under this Act. administrationAdministration. Sec. 39.
(a)Except as otherwise specifically provided, the UnitedEmployees’ Compensation Commission.Authority and duties specified for administering this Act. States Employees’ Compensation Commission shall administer the provisions of this Act, and for such purpose the commission is authorized
(1)to make such rules and regulations;
(2)to appoint and fix the compensation of such temporary technical assistants and medical advisers, and, subject to the provisions of the civil service laws, to appoint, and, in accordance with the Classification Act of 1923, to fix the compensation of such deputy commissioners (except deputy commissioners appointed under subdivision
(a)of section 40) and other officers and employees; and
(3)to make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, and for printing and binding) as may be necessary in the administration of this Act. All expenditures of the commission in the administration of this Act shall be allowed and paid as provided in section 45 upon the presentation of itemized vouchers therefor*Post*, p. 1445. approved by the commission.
(b)The commission shall establish compensation districts, toCompensation districts to be established by. include the high seas and the areas within the United States to which tills Act applies, and shall assign to each such district one or more deputy commissioners, as the commission deems advisable. Judicial proceedings under sections 18 and 21 of this Act in respectJudicial proceedings in Federal court.*Ante*, pp. 1434,1436. of any injury or death occurring on the high seas shall be instituted in the district court within whose territorial jurisdiction is located the office of the deputy commissioner having jurisdiction in respect of such injury or death (or in the Supreme Court of the District of Columbia if such office is located in such District). 1443
(c)The commission shall direct the vocational rehabilitation ofVocational rehabilitation of permanently disabled employees. permanently disabled employees and shall arrange with the appropriate. public or private agencies in States or Territories, possessions, or the District of Columbia for such education. The Federal Board for Vocational Education shall cooperate with the commission in such educational work. The commission may in its discretion furnishProsthetic appliances. such prosthetic appliances or other apparatus made necessary by an injury upon which an award has been made under this Act is render a disabled employee fit to engage in a remunerative occupation. If any surplus is left in any fiscal year in the fundFund available.*Post*, p. 1444. provided for in section 44, such surplus may be used in subsequent fiscal years for the purposes of this section except for the purposes of administration and investigation. deputy commissionersDeputy commissioners. Sec. 40.
(a)The commission may appoint as deputy commissionersMembers of State agencies, etc., may be appointed. any member of any board, commission, or other agency of a State to act as deputy commissioner for any compensation district or part thereof in such State, and may make arrangements with such board, commission, or other agency’ for the use of the personnel and facilities thereof in the administration of this Act. TheExpenses. commission may make such arrangements as may be deemed advisable by it for the payment of expenses of such board, commission, or other agency, incurred in the administration of this Act pursuant to this section, and for the payment of salaries to such board, com-mission, or other agency, or the members thereof, and may pay any amounts agreed upon to the proper officers of the State, upon vouchers approved by the commission.
(b)In any Territory of the United States or in the District ofFederal officials in Territories or the District may be appointed. Columbia a person holding an office under the United States may be appointed deputy commissioner and for services rendered as deputy commissioner may be paid compensation, in addition to thatCompensation. he is receiving from the United States, in an amount fixed by the commission in accordance with the Classification Act of 1923.
(c)Deputy commissioners (except deputy commissioners appointedTransfers authorized. under subdivision
(a)of this section) may be transferred from one compensation district to another and may be temporarily detailed from one compensation district for service in another in the discretion of the commission.
(d)Each deputy commissioner shall maintain and keep openOffices to be kept open, etc. during reasonable business hours an office, at a place designated by the commission, for the transaction of business under this Act, at which office he shall keep his official records and papers. SuchEquipment, etc. office shall be furnished and equipped by the commission, who shall also furnish the deputy commissioner with all necessary clerical and other assistants, records, books, blanks, and supplies. Wherever practicable such office shall be located in a building owned or leased by the United States; otherwise the commission shall rent suitable quarters.
(e)If any deputy commissioner is removed from office, or forTransfer of records, etc., to successors. any reason ceases to act as such deputy commissioner, all of his official records and papers and office equipment shall be transferred to his successor in office or, if there be no successor, then to the commission or to a deputy commissioner designated by the commission.
(f)Neither a deputy commissioner nor any business associate ofAppearing as attorney, etc., forbidden. a deputy commissioner shall appear as attorney in any proceeding under this Act, and no deputy commissioner shall act in any such case in which he is interested, or when he is employed by any party 1444 in interest or related to any party in interest by consanguinity or affinity within the third degree, as determined by the common law. investigations by the commissionInvestigations. Sec. 41.
(a)The commission shall make studies and investigationsStudies of safety provisions, etc., and recommendations to be made by Commission. with respect to safety provisions and the causes of injuries in employments covered by this Act, and shall from time to time make to Congress and to employers and carriers such recommendations as it may deem proper as to the best means of preventing such injuries.
(b)In making such studies and investigations the commissionCooperation with Federal and State agencies. is authorized
(1)to cooperate with any agency of the United States charged with the duty of enforcing any law securing safety against injury in any employment covered by this Act, or with any State agency, engaged in enforcing any laws to assure safety for employees, and
(2)to permit any such agency to have access to the records of the commission. In carrying out the provisions of this section theExamination of premises, tracks, etc. commission or any officer or employee of the commission is authorized to enter at any reasonable time upon any premises, tracks, wharf, dock, or other landing place, or upon any vessel, or to enter any building, where an employment covered by this Act is being carried on, and to examine any tool, appliance, or machinery used in such employment. traveling expensesTraveling expenses. Sec. 42. The commissioners, deputy commissioners, and otheAllowance to com-missioners, etc.r employees of the commission shall be entitled to receive their necessary traveling expenses and expenses actually incurred for subsistence while traveling on official business and away from their*Ante*, p. 688. designated stations, as provided by the Subsistence Expense Act of 1926. annual report Sec. 43. The commission shall make to Congress at the beginningReport to Congress each year. of each regular session a report of the administration of this Act for the preceding fiscal year, including a detailed statement of receipts of and expenditures from the funds established in sections 44 and 45, together with such recommendations as the commission deems advisable. special fundSpecial funds. Sec. 44.
(a)There is hereby established in the Treasury of theEstablished for rehabilitation. etc.*Ante*, p. 1429. United States a special fund for the purpose of making payments in accordance with the provisions of subsections
(f)and
(g)of section 8 of this Act. Such fund shall be administered by the commission. The Treasurer of the United States shall be theCustodian of trust. custodian of such fund, and all moneys and securities in such fund shall be held in trust by such Treasurer and shall not be money or property of the United States.
(c)The Treasurer is authorized to disburse moneys from suchDisbursements from, restricted. fund only upon order of the commission. He shall be required to give bond in an amount to be fixed and with securities to be approved by the Secretary of the Treasury and the Comptroller General of the United States conditioned upon the faithful performance of his duty as custodian of such fund.
(c)Payments into such fund shall be made as follows:Payments into.
(1)Each employer shall pay $1,000 as compensation for the deathBy employer for death of employee where no beneficiary entitled to compensation. of an employee of such employer resulting from injury where the deputy commissioner determines that there is no person entitled 1445 under this Act to compensation for such death. Fifty per centumAllotment, of each such payment shall be available for the payments under subdivision
(f)of section 8, and 50 per centum shall be available for payments under subdivision
(g)of section 8.
(2)All amounts collected as fines and penalties under theFines and penalties collected. provisions of this Act shall be paid into such fund.
(e)The Treasurer of the United States shall deposit any moneysDeposit in depository banks. paid into such fund into such depository banks as the commission may designate and may invest any portion of the funds which, inInvestment in Federal securities, etc. the opinion of the commission, is not needed for current requirements, in bonds or notes of the United States or of any Federal land bank.
(f)Neither the United States nor the commission shall be liableLiability for payments limited. in respect of payments authorized under section 8 in an amount greater than the money or property deposited in or belonging to such fund.
(g)The Comptroller General of the United States shall auditAuditing.Action of commission final and not subject to review. the account for such fund, but the action of the commission in making payments from such fund shall be final and not subject to review, and the Comptroller General is authorized and directed to allow credit in the accounts of any disbursing officer of the commission for payments made from such fund authorized by the commission.
(h)All civil penalties provided for in this Act shall be collectedCollection of civil penalties. by civil suit brought by the commission. administration fundAdministration fund. Sec. 45.
(a)There is hereby established in the Treasury of theEstablished for paying expenses thereof. United States a special fund for the purpose of providing for the payment of all expenses in respect of the administration of this act. Such fund shall be administered by the commission. TheTo be a trust fund. Treasurer of the United States shall be the custodian of such fund, and all moneys and securities in such fund shall be held in trust by such Treasurer and shall not be the money or property of the United States.
(b)The provisions of subdivisions (b), (d), and
(f)of section*Ante*, p. 1444. 44 shall be applicable to the fund hereby established. appropriationAppropriation. Sec. 46.
(a)There is hereby authorized to be appropriated, outAuthorized, to be covered Into administration fund. of any money in the Treasury not otherwise appropriated, the sum of $250,000, which shall be covered into the administration fund established in section 45 and shall be available for expenses incurred*Supra*. in the administration of this Act during the remainder of the fiscal year ending June 30, 1927, and during the fiscal year ending June 30, 1928. All unexpended balances of any appropriations made Unexpended balances July 1, 1928, to be covered into the Treasury. under authority of this section, remaining in such fund on July 1, 1928, shall be covered into the Treasury of the United States as miscellaneous receipts. availability of appropriationsAvailability of appropriations. Sec. 47. The expenses incurred for salaries and contingent expensesSalaries and expenses payable from funds established.Vol. 39, p. 749. by the United States Employees’ Compensation Commission in the administration
(1)of the Act entitled “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,” approved September 7, 1916, as amended, and
(2)of this Act, may be paid from the appropriations for salaries and contingent expenses for 1446 the administration of such Act of September 7, 1916. and from the*Ante*, p. 1115. fund established in section 45 of this Act, in such proportion as the commission, with the approval of the Director of the Bureau of the Budget, determines to be fairly attributable to the cost of administration of the respective Acts, but the total amount paid from such appropriation and such fund in any fiscal year on account of the administration of such Act of September 7, 1916, shall not exceed the amounts appropriated for salaries and contingent expenses for the administration of such Act for such year. laws in applicableLaws inapplicable. Sec. 48. Nothing in sections 4283, 4284, 4285, 4286, or 4289 of theLimit of recovery, etc., not affected by designated laws.[R. S., secs, 4283-4286, 4289, p. 827](/us/rs/sec4283-4286,4289/p827).Vol. 23, p. 57. Revised Statutes, as amended, nor in section 18 of the Act entitled An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes,” approved June 26, 1884, as amended, shall be held to limit the amount for which recovery may be had
(1)in any suit at law or in admiralty where an employer has failed to secure compensation as required by this Act, or
(2)in any proceeding for compensation, any addition to compensation, or any civil penalty. effect of unconstitutionalityEffect of unconstitutionality Sec. 49. If any part of this Act is adjudged unconstitutional byIf payment invalidated, time for action against employer computed. the courts, and such adjudication has the effect of invalidating any payment of compensation under this Act, 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 Act on account of such injury shall be deducted from the amount of damages awarded in such action in respect of such injury. separability provision Sec. 50. If any provision of this Act is declared unconstitutionalInvalidity of any provision not to affect remainder of Act. or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons and circumstances shall not be affected thereby. effective dateEffective date. Sec. 51. Sections 39 to 51, inclusive, shall become effective uponAdministrative sections at once, and remainder July 1, 1927. the passage of this Act, and the remainder of this Act shall become effective on July 1, 1927. Approved, March 4, 1927.
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.