§935 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Require the Secretary to make rules so that when an employer is not self-insured (uses an insurance carrier), the carrier must carry out the employer’s duties and obligations under this law. Under those rules, notice or knowledge of an injury to the employer counts as notice to the carrier; the authority of a deputy commissioner, the Board, the Secretary, or a court over the employer also applies to the carrier; and any order, finding, or decision by those officials or a court is binding on the carrier just as it is on the employer.

Title 33, §935

Navigation and Navigable Waters — Source: USLM XML via OLRC

In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the Secretary shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect to such liability, imposed by this chapter upon the employer, as it considers proper in order to effectuate the provisions of this chapter. For such purposes (1) 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 Board, or the Secretary, or any court under this chapter shall be jurisdiction of the carrier, and (3) any requirement by a deputy commissioner, the Board, or the Secretary, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Pub. L. 98–426 substituted “Secretary” for “commission”. See

Transfer of Functions

note set out under section 902 of this title. 1972—Pub. L. 92–576 inserted reference to the Board in cls. (2) and (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date

of 1972 AmendmentAmendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

§935 Substitution of carrier for employer

Summary

Title 33, §935

Notes & Related Subsidiaries

Editorial Notes

Amendments

Transfer of Functions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata