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

Summary

The deputy commissioner can review a workers’ compensation case on their own or when any interested person asks, including an employer or carrier that got relief under section 908(f). They may do this when conditions have changed or there was a mistake in a factual finding. The review can happen any time before one year after the date of the last payment of compensation, whether or not a compensation order was issued, or any time before one year after a claim was rejected. The review follows the same claim process used for other claims. The deputy commissioner can issue a new order to stop, continue, restart, raise, lower, or award compensation, including cases paid under section 944(i). A new order does not change money already paid, except an increase can be made effective from the date of the injury. If a decrease is made and some payments are still unpaid, the lower rate can be effective from the date of the injury, and any earlier overpayments can be deducted from unpaid amounts in the way the deputy commissioner decides with the Secretary’s approval. This does not allow changing settlements.

Title 33, §922

Navigation and Navigable Waters — Source: USLM XML via OLRC

Upon his own initiative, or upon the application of any party in interest (including an employer or carrier which has been granted relief under section 908(f) of this title), on the ground of a change in conditions or because of a mistake in a determination of fact by the deputy commissioner, the deputy commissioner may, at any time prior to one year after the date of the last payment of compensation, whether or not a compensation order has been issued, or at any time prior to one year after the rejection of a claim, review a compensation case (including a case under which payments are made pursuant to section 944(i) of this title) in accordance with the procedure prescribed in respect of claims in section 919 of this title, and in accordance with such section issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation, or award compensation. Such new order shall not affect any compensation previously paid, except that an award increasing the compensation rate may be made effective from the date of the injury, and if any part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of the injury, and any payment made prior thereto in excess of such decreased rate shall be deducted from any unpaid compensation, in such manner and by such method as may be determined by the deputy commissioner with the approval of the Secretary. This section does not authorize the modification of settlements.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Pub. L. 98–426, § 16, inserted “(including an employer or carrier which has been granted relief under section 908(f) of this title)” after “party in interest” and “(including a case under which payments are made pursuant to section 941(i) of this title)” after “review a compensation case” and inserted at end “This section does not authorize the modification of settlements.” Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See

Transfer of Functions

note set out under section 902 of this title. 1938—Act

June 25, 1938, permitted review of compensation case at any time prior to one year after rejection of claim and authorized award of compensation. 1934—Act

May 26, 1934, permitted review based on a mistake in a determination of fact; substituted provision for review of compensation case at any time prior to one year after date of last payment of compensation, whether or not compensation order was issued, for original provision for review at any time during term of award and after compensation order in respect of such award had become final; authorized reinstatement of compensation; and inserted exception clause.

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.

§922 Modification of Awards