§919 Procedure in Respect of Claims

Summary

A worker or someone for them can file a claim for compensation with the deputy commissioner any time after the first 7 days of disability from an injury, or any time after the worker’s death, following rules the Secretary sets. Within 10 days of the filing the deputy commissioner must tell the employer and other interested people, either in person or by registered mail. The deputy will investigate as needed and must hold a hearing if an interested party asks. If a hearing is set, the claimant and interested parties must get at least 10 days’ notice, given in person or by registered or certified mail. The deputy must issue an order denying or granting the claim within 20 days after the hearing, or if no hearing is held, within 20 days after the initial notice. Hearings follow the procedures in section 554 of title 5 and are run by an administrative law judge qualified under section 3105 of that title; the judges took over the deputy commissioners’ hearing powers as of October 27, 1972. The decision (called a compensation order) is filed with the deputy commissioner and a copy is sent by registered or certified mail to the claimant and employer at their last known addresses. A disability award can be made after the worker’s death. The deputy may transfer a case to another deputy with the Secretary’s approval. An injured worker must submit to a medical exam by a U.S. medical officer or a Secretary‑approved doctor at a reasonably convenient place; other doctors chosen and paid by the parties may attend. If the worker refuses the required exam, the case is put on hold and no compensation is paid for the time of refusal.