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Title 33 — Navigation and Navigable WatersRelease 119-73not60

§919 Procedure in Respect of Claims

Title 33 › Chapter 18— LONGSHORE AND HARBOR WORKERS’ COMPENSATION › § 919

Last updated Apr 5, 2026|Official source

Summary

You may file a claim for compensation with the deputy commissioner any time after the first 7 days of disability or at any time after death. The deputy commissioner can investigate, hold a hearing, and decide the claim. Within 10 days after a claim is filed, the deputy commissioner must notify the employer and any other interested persons by personal service or registered mail. If a hearing is ordered, the deputy commissioner must give at least 10 days’ notice to the claimant and other interested parties (personal service or registered/certified mail). After a hearing, the deputy commissioner must issue an order approving or denying the claim within 20 days. If no hearing is held within 20 days after the notice to interested parties, the deputy commissioner must still issue an order. The decision must be filed in the deputy’s office and a copy sent by registered or certified mail to the claimant and employer. A compensation award can be made after the injured worker’s death. With the Secretary’s approval, the deputy commissioner may transfer a case to another deputy for investigation. Hearings must follow the rules in section 554 of Title 5 and be conducted by an administrative law judge who meets the qualifications in section 3105 of Title 5 (powers the deputy commissioners had on October 27, 1972, moved to those judges). An injured employee must attend a medical exam by a U.S. medical officer or a doctor approved by the Secretary at a reasonably convenient place. If the employee refuses the required exam, proceedings stop and no pay is due for the time they refuse.

Full Legal Text

Title 33, §919

Navigation and Navigable Waters — Source: USLM XML via OLRC

(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 subsection (b), the deputy commissioner shall, by order, reject the claim or make an award in respect of the claim.
(d)Notwithstanding any other provisions of this chapter, any hearing held under this chapter shall be conducted in accordance with the provisions of section 554 of title 5. Any such hearing shall be conducted by a 11 So in original. Probably should be “an”. administrative law judge qualified under section 3105 of that title. All powers, duties, and responsibilities vested by this chapter, on October 27, 1972, in the deputy commissioners with respect to such hearings shall be vested in such administrative law judges.
(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 filed 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsecs. (a), (b), (g), (h). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See

Transfer of Functions

note under section 902 of this title. 1978—Subsec. (d). Pub. L. 95–251 substituted references to administrative law judges for references to hearing examiners. 1972—Subsec. (d). Pub. L. 92–576 substituted provisions for conduct of hearings under section 554 of title 5 by a hearing examiner qualified under section 3105 of title 5 and vesting in hearing examiners the powers, duties, and responsibilities vested in deputy commissioners on Oct. 27, 1972, for former provisions authorizing claimant and employer to present evidence with respect to claims and for representation of a claimant under a written authorization. 1960—Subsecs. (c), (e). Pub. L. 86–507 inserted “or by certified mail” after “registered mail”. 1938—Subsec. (g). Act June 25, 1938, authorized transfer of cases, with administrative approval, at any time after filing of claim for the additional purposes of making investigations and taking other necessary action instead of after issuance of compensation order without anyone’s approval.

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 919

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60