PRIA, Government Policy, Made Personal

Summary

The deputy commissioner can reopen and review a workers’ compensation case on their own or if any interested person asks. That includes an employer or carrier that got relief under section 908(f). Reviews can be for a change in conditions or because the deputy made a factual mistake. The review can happen up to one year after the last compensation payment, whether or not a compensation order was issued, or up to one year after a claim was rejected. Reviews follow the claim procedures in section 919 and can cover cases with payments under section 944(i). After review, the deputy can issue a new order to stop, continue, restart, raise, lower, or award compensation. New orders do not change money already paid, except an increase can be made effective back to the date of injury. A decrease can be made retroactive to the injury date only if some compensation is still unpaid, and any overpayment already made will be taken out of unpaid amounts in a way the deputy decides with the Secretary’s approval. Settlements cannot be changed.

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