§ 922. Modification of awards

Statutory text

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.

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.

1927
Pub. L. 69–509 § 22 · 44 Stat. 1424
Enacted · 33 U.S.C. § 922
Mar. 4, 1927, ch. 509, § 22, 44 Stat. 1437
Source evidence
Code source credit
Mar. 4, 1927, ch. 509, § 22, 44 Stat. 1437
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 16 · 98 Stat. 1639
1. Inserted · 33 U.S.C. § 922
  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”
2. Inserted · 33 U.S.C. § 922
  Pub. L. 98–426, § 16, inserted at end “This section does not authorize the modification of settlements.”
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
Sec. 16. modifications of awards Section 22 is amended— (1) by inserting “(including an employer or carrier which has been granted relief under section 8(f))” after “party in interest”; (2) by inserting “(including a case under which payments are made pursuant to section 44(i))” after “review a compensation case”; and (3) by adding at the end thereof the following new sentence: “This section does not authorize the modification of settlements.”.
Effective date note
Amendment 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.
1984
Longshore and Harbor Workers’ Compensation Act Amendments of 1984
Pub. L. 98–426 § 27(a)(2) · 98 Stat. 1639
Substituted · 33 U.S.C. § 922
Pub. L. 98–426, § 27(a)(2), substituted “Secretary” for “commission”. See Transfer of Functions note set out under section 902 of this title
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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 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.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1934–1984 · 3 rounds

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 Amendment

Amendment 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.

Credits

1927–1984 · 4 acts

1927Mar. 4, 1927, ch. 509, § 22, 44 Stat. 1437
1934May 26, 1934, ch. 354, § 5, 48 Stat. 807
1938June 25, 1938, ch. 685, § 10, 52 Stat. 1167
1984Pub. L. 98–426, §§ 16, 27(a)(2), Sept. 28, 1984, 98 Stat. 1650, 1654.

Show as published

(Mar. 4, 1927, ch. 509, § 22, 44 Stat. 1437; May 26, 1934, ch. 354, § 5, 48 Stat. 807; June 25, 1938, ch. 685, § 10, 52 Stat. 1167; Pub. L. 98–426, §§ 16, 27(a)(2), Sept. 28, 1984, 98 Stat. 1650, 1654.)