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119th Congress

Title 33 — Navigation and Navigable Waters

Chapter 18 — Longshore and Harbor Workers’ Compensation

§ 914. Payment of compensation

Statutory text

(a)

Manner of payment

Compensation under this chapter shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability to pay compensation is controverted by the employer.

(b)

Period of installment payments

The first installment of compensation shall become due on the fourteenth day after the employer has been notified pursuant to section 912 of this title, or the employer has knowledge of the injury or death, on which date all compensation then due shall be paid. Thereafter compensation shall be paid in installments, semimonthly, except where the deputy commissioner determines that payment in installments should be made monthly or at some other period.

(c)

Notification of commencement or suspension of payment

Upon making the first payment, and upon suspension of payment for any cause, the employer shall immediately notify the deputy commissioner, in accordance with a form prescribed by the Secretary, that payment of compensation has begun or has been suspended, as the case may be.

(d)

Right to compensation controverted

If the employer controverts the right to compensation he shall file with the deputy commissioner on or before the fourteenth day after he has knowledge of the alleged injury or death, a notice, in accordance with a form prescribed by the Secretary stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the grounds upon which the right to compensation is controverted.

(e)

Additional compensation for overdue installment payments payable without award

If any installment of compensation payable without an award is not paid within fourteen days after it becomes due, as provided in subsection (b) of this section, there shall be added to such unpaid installment an amount equal to 10 per centum thereof, which shall be paid at the same time as, but in addition to, such installment, unless notice is filed under subsection (d) of this section, or unless such nonpayment is excused by the deputy commissioner after a showing by the employer that owing to conditions over which he had no control such installment could not be paid within the period prescribed for the payment.

(f)

Additional compensation for overdue installment payments payable under terms of award

If any compensation, payable under the terms of an award, is not paid within ten days after it becomes due, there shall be added to such unpaid compensation an amount equal to 20 per centum thereof, which shall be paid at the same time as, but in addition to, such compensation, unless review of the compensation order making such award is had as provided in section 921 of this title and an order staying payment has been issued by the Board or court.

(g)

Notice of payment; penalty

Within sixteen days after final payment of compensation has been made, the employer shall send to the deputy commissioner a notice, in accordance with a form prescribed by the Secretary, stating that such final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury or death, and the date to which compensation has been paid. If the employer fails to so notify the deputy commissioner within such time the Secretary shall assess against such employer a civil penalty in the amount of $100.

(h)

Investigations, examinations, and hearings for controverted, stopped, or suspended payments

The deputy commissioner (1) may upon his own initiative at any time in a case in which payments are being made without an award, and (2) shall in any case where right to compensation is controverted, or where payments of compensation have been stopped or suspended, upon receipt of notice from any person entitled to compensation, or from the employer, that the right to compensation is controverted, or that payments of compensation have been stopped or suspended, make such investigations, cause such medical examinations to be made, or hold such hearings, and take such further action as he considers will properly protect the rights of all parties.

(i)

Deposit by employer

Whenever the deputy commissioner deems it advisable he may require any employer to make a deposit with the Treasurer of the United States to secure the prompt and convenient payment of such compensation, and payments therefrom upon any awards shall be made upon order of the deputy commissioner.

(j)

Reimbursement for advance payments

If the employer has made advance payments of compensation, he shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due.

(k)

Receipt for payment

An injured employee, or in case of death his dependents or personal representative, shall give receipts for payment of compensation to the employer paying the same and such employer shall produce the same for inspection by the deputy commissioner, whenever required.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 69–509 § 14 · 44 Stat. 1424

    Enacted · 33 U.S.C. § 914

    Mar. 4, 1927, ch. 509, § 14, 44 Stat. 1432

    Source evidence

    Code source credit
    Mar. 4, 1927, ch. 509, § 14, 44 Stat. 1432

  2. Public Law not identified

    1. Substituted · 33 U.S.C. § 914(j)

      Subsec. (j). Act May 26, 1934, substituted “in the interest of justice” for “for the best interests of a person entitled to compensation”

    2. Inserted · 33 U.S.C. § 914(j)

      Subsec. (j). Act May 26, 1934, inserted “or any part thereof as determined by the deputy commissioner with the approval of the Commission”

    3. Inserted · 33 U.S.C. § 914(j)

      Subsec. (j). Act May 26, 1934, inserted provision for determining probability of remarriage

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (j). Act May 26, 1934, substituted “in the interest of justice” for “for the best interests of a person entitled to compensation”, inserted “or any part thereof as determined by the deputy commissioner with the approval of the Commission”, and inserted provision for determining probability of remarriage.

  3. Public Law not identified

    Inserted · 33 U.S.C. § 914(f)

    Subsec. (f). Act June 25, 1938, inserted “and an interlocutory injunction staying payments is allowed by the court as provided therein”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (f). Act June 25, 1938, inserted “and an interlocutory injunction staying payments is allowed by the court as provided therein”.

  4. Public Law not identified

    Changed · 33 U.S.C. § 914(m)

    Subsec. (m). Act June 24, 1948, increased overall statutory maximum limitation upon compensation for disability from $7,500 to $11,000, and fixed a sublimitation of $10,000 upon that particular compensation for permanent partial disability which is payable when the case is classified as one in which compensation shall be payable under section 908(c)(21) of this title, but neither limitation shall apply for permanent total disability or death

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (m). Act June 24, 1948, increased overall statutory maximum limitation upon compensation for disability from $7,500 to $11,000, and fixed a sublimitation of $10,000 upon that particular compensation for permanent partial disability which is payable when the case is classified as one in which compensation shall be payable under section 908(c)(21) of this title, but neither limitation shall apply for permanent total disability or death.

  5. Public Law not identified

    1. Struck · 33 U.S.C. § 914(m)

      Subsec. (m). Act July 26, 1956, provided for maximum money allowance of $17,280 in lieu of total compensation of $11,000, struck out additional former limit of $10,000 for disabilities compensable under section 908(c)(21) of this title

    2. Inserted · 33 U.S.C. § 914(m)

      Subsec. (m). Act July 26, 1956, provided for maximum money allowance of $17,280 in lieu of total compensation of $11,000, inserted provision excepting from $17,280 limitation, amounts payable under section 908(g) of this title for maintenance during rehabilitation, and amounts payable under this section for delay or default in payment of compensation or interest collectible under section 918 of this title

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (m). Act July 26, 1956, provided for maximum money allowance of $17,280 in lieu of total compensation of $11,000, struck out additional former limit of $10,000 for disabilities compensable under section 908(c)(21) of this title, and inserted provision excepting from $17,280 limitation, amounts payable under section 908(g) of this title for maintenance during rehabilitation, and amounts payable under this section for delay or default in payment of compensation or interest collectible under section 918 of this title.

  6. Pub. L. 87–87 § 3 · 75 Stat. 203

    Changed · 33 U.S.C. § 914(m)

    Pub. L. 87–87 increased limitation on total money allowance as compensation for injury from “$17,280” to “$24,000”

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 87–87 increased limitation on total money allowance as compensation for injury from “$17,280” to “$24,000”.

    Enacted provision · exact public law section
    Sec. 3. Section 14(m) of the said Act is hereby amended to read 70 Stat. 655. 33 USC 914. as follows: “(m) The total money allowance payable to an employee as compensation for an injury under this Act shall in no event exceed in the aggregate the sum of $24,000: Provided, That this limitation shall not apply to cases of permanent total disability or death: And provided further, That in applying this limitation there shall not be taken 44 Stat. 1429. 33 USC 908. into account any amount payable under section 8(g) of this title for maintenance during rehabilitation or any amount of additional compensation required to be paid under this section for delay or default in the payment of compensation or any amount accruing as interest upon defaulted compensation collectible under section 18.”

  7. Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972

    Pub. L. 92–576 § 15(d) · 86 Stat. 1251

    Substituted · 33 U.S.C. § 914(f)

    Pub. L. 92–576, § 15(d), substituted “order staying payment has been issued by the Board or court” for “interlocutory injunction staying payments is allowed by the court as provided therein”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 92–576, § 15(d), substituted “order staying payment has been issued by the Board or court” for “interlocutory injunction staying payments is allowed by the court as provided therein”.

    Enacted provision · exact public law section
    (d) Section 14(f) of such Act is amended by striking everything after the words “section 21” and adding in lieu thereof the following: “and an order staying payment has been issued by the Board or court.”

  8. Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972

    Pub. L. 92–576 § 5(e) · 86 Stat. 1251

    Repealed · 33 U.S.C. § 914(m)

    Pub. L. 92–576, § 5(e), repealed subsec. (m) limiting aggregate money allowance for an injury under this chapter to $24,000, making the limitation inapplicable to cases of permanent total disability or death, and providing that in applying the limitation there shall not be taken into account any amount payable under section 908(g) of this title for maintenance during rehabilitation or any amount of additional compensation required to be paid under this section for delay or default in the payment of compensation or any amount accruing as interest upon defaulted compensation collectible under section 918 of this title

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 92–576, § 5(e), repealed subsec. (m) limiting aggregate money allowance for an injury under this chapter to $24,000, making the limitation inapplicable to cases of permanent total disability or death, and providing that in applying the limitation there shall not be taken into account any amount payable under section 908(g) of this title for maintenance during rehabilitation or any amount of additional compensation required to be paid under this section for delay or default in the payment of compensation or any amount accruing as interest upon defaulted compensation collectible under section 918 of this title.

    Enacted provision · exact public law section
    (e) Section 14 of such Act is amended by striking out subsection (m).

  9. Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 13(a) · 98 Stat. 1639

    Substituted · 33 U.S.C. § 914(b)

    Pub. L. 98–426, § 13(a), substituted “employer has been notified pursuant to section 912 of this title, or the employer,” for “employer”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–426, § 13(a), substituted “employer has been notified pursuant to section 912 of this title, or the employer,” for “employer”.

    Enacted provision · exact public law section
    (a) Section 14(b) is amended by striking out “employer” 33 USC 914. and inserting in lieu thereof “employer has been notified pursuant to section 12, or the employer”.

    Effective date note
    Amendment by section 13 of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(b), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

  10. Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 27(a)(2) · 98 Stat. 1639

    Substituted · 33 U.S.C. § 914(c); 33 U.S.C. § 914(d); 33 U.S.C. § 914(g)

    Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title

    Source evidence

    Code amendment note
    Subsecs. (c), (d), (g). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

    Enacted provision · exact public law section
    (2) by striking out “commission” each place it appears and inserting in lieu thereof “Secretary”; and

    Effective date note
    Amendment by section 13 of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(b), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

  11. Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 13(b) · 98 Stat. 1639

    1. Redesignated · 33 U.S.C. § 914(j)(l)

      Pub. L. 98–426, § 13(b), redesignated subsecs. (k) and (l) as (j) and (k), respectively

    2. Struck · 33 U.S.C. § 914(j)(l)

      Pub. L. 98–426, § 13(b), struck out former subsec. (j) which provided that whenever the deputy commissioner determines that it was in the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the deputy commissioner with the approval of the Secretary, could be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at 4 per centum true discount compounded annually, that the probability of the death of the injured employee or other person entitled to compensation before the expiration of the period during which he was entitled to compensation would be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife would be determined in accordance with the remarriage tables of the Dutch Royal Insurance Institution, and that the probability of the happening of any other contingency affecting the amount or duration of the compensation would be disregarded, was struck out

    Source evidence

    Code amendment note
    Subsecs. (j) to (l). Pub. L. 98–426, § 13(b), redesignated subsecs. (k) and (l) as (j) and (k), respectively, and struck out former subsec. (j) which provided that whenever the deputy commissioner determines that it was in the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the deputy commissioner with the approval of the Secretary, could be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at 4 per centum true discount compounded annually, that the probability of the death of the injured employee or other person entitled to compensation before the expiration of the period during which he was entitled to compensation would be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife would be determined in accordance with the remarriage tables of the Dutch Royal Insurance Institution, and that the probability of the happening of any other contingency affecting the amount or duration of the compensation would be disregarded, was struck out.

    Enacted provision · exact public law section
    (b) Section 14 is amended by striking out subsection (j) and by redesignating subsections (k) and (1) as subsections (j) and (k), respectively.

    Effective date note
    Amendment by section 13 of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 27(a)(2) of Pub. L. 98–426 effective Sept. 28, 1984, see section 28(b), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

7 of 15 references resolved to an enrolled provision · 1 partial · 7 unresolved

Editorial Notes

Amendments1934–1984 · 7 rounds

1984

Subsec. (b). Pub. L. 98–426, § 13(a), substituted “employer has been notified pursuant to section 912 of this title, or the employer,” for “employer”.

Subsecs. (c), (d), (g). Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title.

Subsecs. (j) to (l). Pub. L. 98–426, § 13(b), redesignated subsecs. (k) and (l) as (j) and (k), respectively, and struck out former subsec. (j) which provided that whenever the deputy commissioner determines that it was in the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the deputy commissioner with the approval of the Secretary, could be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at 4 per centum true discount compounded annually, that the probability of the death of the injured employee or other person entitled to compensation before the expiration of the period during which he was entitled to compensation would be determined in accordance with the American Experience Table of Mortality, and the probability of the remarriage of the surviving wife would be determined in accordance with the remarriage tables of the Dutch Royal Insurance Institution, and that the probability of the happening of any other contingency affecting the amount or duration of the compensation would be disregarded, was struck out.

1972

Subsec. (f). Pub. L. 92–576, § 15(d), substituted “order staying payment has been issued by the Board or court” for “interlocutory injunction staying payments is allowed by the court as provided therein”.

Subsec. (m). Pub. L. 92–576, § 5(e), repealed subsec. (m) limiting aggregate money allowance for an injury under this chapter to $24,000, making the limitation inapplicable to cases of permanent total disability or death, and providing that in applying the limitation there shall not be taken into account any amount payable under section 908(g) of this title for maintenance during rehabilitation or any amount of additional compensation required to be paid under this section for delay or default in the payment of compensation or any amount accruing as interest upon defaulted compensation collectible under section 918 of this title.

1961

Subsec. (m). Pub. L. 87–87 increased limitation on total money allowance as compensation for injury from “$17,280” to “$24,000”.

1956

Subsec. (m). Act , provided for maximum money allowance of $17,280 in lieu of total compensation of $11,000, struck out additional former limit of $10,000 for disabilities compensable under section 908(c)(21) of this title, and inserted provision excepting from $17,280 limitation, amounts payable under section 908(g) of this title for maintenance during rehabilitation, and amounts payable under this section for delay or default in payment of compensation or interest collectible under section 918 of this title.

1948

Subsec. (m). Act , increased overall statutory maximum limitation upon compensation for disability from $7,500 to $11,000, and fixed a sublimitation of $10,000 upon that particular compensation for permanent partial disability which is payable when the case is classified as one in which compensation shall be payable under section 908(c)(21) of this title, but neither limitation shall apply for permanent total disability or death.

1938

Subsec. (f). Act , inserted “and an interlocutory injunction staying payments is allowed by the court as provided therein”.

1934

Subsec. (j). Act , substituted “in the interest of justice” for “for the best interests of a person entitled to compensation”, inserted “or any part thereof as determined by the deputy commissioner with the approval of the Commission”, and inserted provision for determining probability of remarriage.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by section 13 of Pub. L. 98–426 effective 90 days after , and applicable both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment by section 27(a)(2) of Pub. L. 98–426 effective , see section 28(b), (e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

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

Effective Date of 1961 Amendment

Amendment by Pub. L. 87–87 effective as to injuries sustained on or after , see section 4 of Pub. L. 87–87, set out as a note under section 906 of this title.

Effective Date of 1956 Amendment

Amendment by act , applicable only with respect to injuries and death occurring on or after , see section 9 of act , set out as a note under section 906 of this title.

Effective Date of 1948 Amendment

Amendment by act , applicable to death or injuries occurring after , see section 6 of act , set out as a note under section 906 of this title.

Credits

1927–1984 · 8 acts
  1. 1927Mar. 4, 1927, ch. 509, § 14, 44 Stat. 1432
  2. 1934May 26, 1934, ch. 354, § 4, 48 Stat. 807
  3. 1938June 25, 1938, ch. 685, § 7, 52 Stat. 1167
  4. 1948June 24, 1948, ch. 623, § 5, 62 Stat. 603
  5. 1956July 26, 1956, ch. 735, § 5, 70 Stat. 655
  6. 1961Pub. L. 87–87, § 3, , 75 Stat. 203
  7. 1972Pub. L. 92–576, §§ 5(e), 15(d), , 86 Stat. 1254, 1262
  8. 1984Pub. L. 98–426, §§ 13, 27(a)(2), , 98 Stat. 1649, 1654.
Show as published

(Mar. 4, 1927, ch. 509, § 14, 44 Stat. 1432; May 26, 1934, ch. 354, § 4, 48 Stat. 807; June 25, 1938, ch. 685, § 7, 52 Stat. 1167; June 24, 1948, ch. 623, § 5, 62 Stat. 603; July 26, 1956, ch. 735, § 5, 70 Stat. 655; Pub. L. 87–87, § 3, , 75 Stat. 203; Pub. L. 92–576, §§ 5(e), 15(d), , 86 Stat. 1254, 1262; Pub. L. 98–426, §§ 13, 27(a)(2), , 98 Stat. 1649, 1654.)

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