§ 933. Compensation for injuries where third persons are liable

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. 1927

   Pub. L. 69–509 § 33 · 44 Stat. 1424

   Enacted · 33 U.S.C. § 933

   Mar. 4, 1927, ch. 509, § 33, 44 Stat. 1440

   Source evidence

   Code source credit
   Mar. 4, 1927, ch. 509, § 33, 44 Stat. 1440

2. 1938

   Public Law not identified

   1. Inserted · 33 U.S.C. § 933(b)

      Subsec. (b). Act June 25, 1938, § 12, inserted “under an award in a compensation order filed by the deputy commissioner”

   2. Struck · 33 U.S.C. § 933(b)

      Subsec. (b). Act June 25, 1938, § 12, struck out “, whether or not the person entitled to compensation has notified the deputy commissioner of his election” at end of sentence

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

   Source evidence

   Code amendment note
   Subsec. (b). Act June 25, 1938, § 12, inserted “under an award in a compensation order filed by the deputy commissioner” and struck out “, whether or not the person entitled to compensation has notified the deputy commissioner of his election” at end of sentence.

3. 1938

   Public Law not identified

   Redesignated · 33 U.S.C. § 933(e)

   Subsec. (e). Act June 25, 1938, § 12, redesignated par. (1)(C) as par. (1)(C) and (D) and included in said par. (1)(D) the present value of the cost of benefits furnished

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

   Source evidence

   Code amendment note
   Subsec. (e). Act June 25, 1938, § 12, redesignated par. (1)(C) as par. (1)(C) and (D) and included in said par. (1)(D) the present value of the cost of benefits furnished.

4. 1938

   Public Law not identified

   Added · 33 U.S.C. § 933(i)

   Subsec. (i). Act June 25, 1938, § 13, added subsec. (i)

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

   Source evidence

   Code amendment note
   Subsec. (i). Act June 25, 1938, § 13, added subsec. (i).

5. 1959

   Pub. L. 86–171 · 73 Stat. 391

   1. Inserted · 33 U.S.C. § 933(a)

      Pub. L. 86–171 inserted “or a person or persons in his employ” after “employer”

   2. Substituted · 33 U.S.C. § 933(a)

      Pub. L. 86–171 substituted “he need not elect whether” for “he may elect, by giving notice to the deputy commissioner in such manner as the Secretary may provide,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–171 inserted “or a person or persons in his employ” after “employer” and substituted “he need not elect whether” for “he may elect, by giving notice to the deputy commissioner in such manner as the Secretary may provide,”.

6. 1959

   Pub. L. 86–171 · 73 Stat. 391

   Inserted · 33 U.S.C. § 933(b)

   Pub. L. 86–171 inserted “unless such person shall commence an action against such third person within six months after such award”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–171 inserted “unless such person shall commence an action against such third person within six months after such award”.

7. 1959

   Pub. L. 86–171 · 73 Stat. 391

   Struck · 33 U.S.C. § 933(c)

   Pub. L. 86–171 struck out “, whether or not the representative has notified the deputy commissioner of his election” after “third person”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 86–171 struck out “, whether or not the representative has notified the deputy commissioner of his election” after “third person”.

8. 1959

   Pub. L. 86–171 · 73 Stat. 391

   Changed · 33 U.S.C. § 933(d)

   Pub. L. 86–171 reenacted subsec. (d) without change

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 86–171 reenacted subsec. (d) without change.

9. 1959

   Pub. L. 86–171 · 73 Stat. 391

   1. Substituted · 33 U.S.C. § 933(e)

      Pub. L. 86–171 substituted “Secretary” for “Commission” in par. (1)(D)

   2. Inserted · 33 U.S.C. § 933(e)

      Pub. L. 86–171 inserted in par. (2) “less one-fifth of such excess which shall belong to the employer”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 86–171 substituted “Secretary” for “Commission” in par. (1)(D) and inserted in par. (2) “less one-fifth of such excess which shall belong to the employer”.

10. 1959

    Pub. L. 86–171 · 73 Stat. 391

    1. Struck · 33 U.S.C. § 933(f)

       Pub. L. 86–171 struck out “or the representative elects to recover damages against such third person and notifies the Secretary of his election and” before “institutes”

    2. Substituted · 33 U.S.C. § 933(f)

       Pub. L. 86–171 substituted “subsection (b)” for “section 913 of this title”

    3. Substituted · 33 U.S.C. § 933(f)

       Pub. L. 86–171 substituted “Secretary” for “Commission”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 86–171 struck out “or the representative elects to recover damages against such third person and notifies the Secretary of his election and” before “institutes” and substituted “subsection (b)” for “section 913 of this title” and “Secretary” for “Commission”.

11. 1959

    Pub. L. 86–171 · 73 Stat. 391

    Changed · 33 U.S.C. § 933(g)

    Pub. L. 86–171 corrected reference to “subsection (e)” to read “subsection (f)”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 86–171 corrected reference to “subsection (e)” to read “subsection (f)”.

12. 1959

    Pub. L. 86–171 · 73 Stat. 391

    1. Redesignated · 33 U.S.C. § 933(h); 33 U.S.C. § 933(i)

       Pub. L. 86–171 redesignated subsec. (i) as (h)

    2. Struck · 33 U.S.C. § 933(h); 33 U.S.C. § 933(i)

       Pub. L. 86–171 struck out former subsec. (h) that permitted the deputy commissioner to make an election for a minor or to authorize the parent or guardian to make the election

    Source evidence

    Code amendment note
    Subsecs. (h), (i). Pub. L. 86–171 redesignated subsec. (i) as (h) and struck out former subsec. (h) that permitted the deputy commissioner to make an election for a minor or to authorize the parent or guardian to make the election.

13. 1972

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

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

    Inserted · 33 U.S.C. § 933(b); 33 U.S.C. § 933(e)(1)(A)

    Pub. L. 92–576, § 15(f), (g), inserted “or Board” after “deputy commissioner”

    Source evidence

    Code amendment note
    Subsecs. (b), (e)(1)(A). Pub. L. 92–576, § 15(f), (g), inserted “or Board” after “deputy commissioner”.

    Enacted provision · exact public law section
    (f) Section 33(b) of such Act is amended by adding the term “or Board” after the term “deputy commissioner”.

14. 1972

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

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

    Substituted · 33 U.S.C. § 933(g)

    Pub. L. 92–576, § 15(h), substituted “if the written approval of such compromise is obtained from the employer and its insurance carrier by the person entitled to compensation or such representative at the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is made” for “if such compromise is made with his written approval”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 92–576, § 15(h), substituted “if the written approval of such compromise is obtained from the employer and its insurance carrier by the person entitled to compensation or such representative at the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is made” for “if such compromise is made with his written approval”.

    Enacted provision · exact public law section
    (h) Section 33(g) of such Act is amended to read as follows: “(g) If compromise with such third person is made by the person entitled to compensation or such representative of an amount less than the compensation to which such person or representative would be entitled to under this Act, the employer shall be liable for compensation as determined in subdivision (f) only if the written approval of such compromise is obtained from the employer and its insurance carrier by the person entitled to compensation or such representative at the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is made.”

15. 1984

    Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 21(a) · 98 Stat. 1639

    1. Substituted · 33 U.S.C. § 933(b)

       Pub. L. 98–426, § 21(a), substituted “Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance” for “Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner or Board shall operate as an assignment to the employer of all right of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such award”

    2. Inserted · 33 U.S.C. § 933(b)

       Pub. L. 98–426, § 21(a), inserted at end “If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term ‘award’ with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–426, § 21(a), substituted “Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance” for “Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner or Board shall operate as an assignment to the employer of all right of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such award” and inserted at end “If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term ‘award’ with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board.”

    Enacted provision · exact public law section
    (a) Section 33(b) is amended to read as follows: “(b) Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance. If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term ‘award’ with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board.”.

    Effective date note
    Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.

16. 1984

    Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 21(b) · 98 Stat. 1639

    Struck · 33 U.S.C. § 933(e)(2)

    Pub. L. 98–426, § 21(b), struck out “, less one-fifth of such excess which shall belong to the employer” after “or to the representative”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 98–426, § 21(b), struck out “, less one-fifth of such excess which shall belong to the employer” after “or to the representative”.

    Enacted provision · exact public law section
    (b) Section 33(e)(2) is amended by striking out “, less one-fifth of such excess which shall belong to the employer”.

    Effective date note
    Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.

17. 1984

    Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 21(c)(1) · 98 Stat. 1639

    Inserted · 33 U.S.C. § 933(f)

    Pub. L. 98–426, § 21(c)(1), inserted “net” before “amount recovered”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 98–426, § 21(c)(1), inserted “net” before “amount recovered”.

    Enacted provision · exact public law section
    (1) by inserting “net” before “amount recovered”; and

    Effective date note
    Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.

18. 1984

    Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 21(c)(2) · 98 Stat. 1639

    Inserted · 33 U.S.C. § 933(f)

    Pub. L. 98–426, § 21(c)(2), inserted at end “Such net amount shall be equal to the actual amount recovered less the expenses reasonably incurred by such person in respect to such proceedings (including reasonable attorneys’ fees).”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–426, § 21(c)(2), inserted at end “Such net amount shall be equal to the actual amount recovered less the expenses reasonably incurred by such person in respect to such proceedings (including reasonable attorneys’ fees).”

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following: “Such net amount shall be equal to the actual amount recovered less the expenses reasonably incurred by such person in respect to such proceedings (including reasonable attorneys’ fees).”.

    Effective date note
    Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.

19. 1984

    Longshore and Harbor Workers’ Compensation Act Amendments of 1984

    Pub. L. 98–426 § 21(d) · 98 Stat. 1639

    1. Amended · 33 U.S.C. § 933(g)

       Pub. L. 98–426, § 21(d), designated existing provisions as par. (1)

    2. Substituted · 33 U.S.C. § 933(g)

       Pub. L. 98–426, § 21(d), substituted “If the person entitled to compensation (or the person’s representative) enters into a settlement with a third person referred to in subsection (a) for an amount less than the compensation to which the person (or the person’s representative) would be entitled under this chapter, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employer’s carrier, before the settlement is executed, and by the person entitled to compensation (or the person’s representative)” for “If compromise with such third person is made by the person entitled to compensation or such representative of an amount less than the compensation to which such person or representative would be entitled to under this chapter the employer shall be liable for compensation as determined in subsection (f) only if the written approval of such compromise is obtained from the employer and its insurance carrier by the person entitled to compensation or such representative at the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is made”

    3. Inserted · 33 U.S.C. § 933(g)

       Pub. L. 98–426, § 21(d), inserted at end “The approval shall be made on a form provided by the Secretary and shall be filed in the office of the deputy commissioner within thirty days after the settlement is entered into.”

    4. Added · 33 U.S.C. § 933(g)

       Pub. L. 98–426, § 21(d), added pars. (2) to (4)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 98–426, § 21(d), designated existing provisions as par. (1), substituted “If the person entitled to compensation (or the person’s representative) enters into a settlement with a third person referred to in subsection (a) for an amount less than the compensation to which the person (or the person’s representative) would be entitled under this chapter, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employer’s carrier, before the settlement is executed, and by the person entitled to compensation (or the person’s representative)” for “If compromise with such third person is made by the person entitled to compensation or such representative of an amount less than the compensation to which such person or representative would be entitled to under this chapter the employer shall be liable for compensation as determined in subsection (f) only if the written approval of such compromise is obtained from the employer and its insurance carrier by the person entitled to compensation or such representative at the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is made”, inserted at end “The approval shall be made on a form provided by the Secretary and shall be filed in the office of the deputy commissioner within thirty days after the settlement is entered into.”, and added pars. (2) to (4).

    Enacted provision · exact public law section
    Sec. 21. compensation for injuries where third persons are liable (a) Section 33(b) is amended to read as follows: “(b) Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance. If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term ‘award’ with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board.”. (b) Section 33(e)(2) is amended by striking out “, less one-fifth of such excess which shall belong to the employer”. (c) Section 33(f) is amended— (1) by inserting “net” before “amount recovered”; and (2) by adding at the end thereof the following: “Such net amount shall be equal to the actual amount recovered less the expenses reasonably incurred by such person in respect to such proceedings (including reasonable attorneys’ fees).”. (e) Section 33(g) is amended to read as follows: “(g) (1) If the person entitled to compensation (or the person’s representative) enters into a settlement with a third person referred to in subsection (a) for an amount less than the compensation to which the person (or the person’s representative) would be entitled under this Act, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employer’s carrier, before the settlement is executed, and by the person entitled to compensation (or the person’s representative). The approval shall be made on a form provided by the Secretary and shall be filed in the office of the deputy commissioner within thirty days after the settlement is entered into. “(2) If no written approval of the settlement is obtained and filed as required by paragraph (1), or if the employee fails to notify the employer of any settlement obtained from or judgment rendered against a third person, all rights to compensation and medical benefits under this Act shall be terminated, regardless of whether the employer or the employer’s insurer has made payments or acknowledged entitlement to benefits under this Act. “(3) Any payments by the special fund established under section 33 USC 944. 44 shall be a lien upon the proceeds of any settlement obtained from or judgment rendered against a third person referred to under subsection (a). Notwithstanding any other provision of law, such lien shall be enforceable against such proceeds, regardless of whether the Secretary on behalf of the special fund has agreed to or has received actual notice of the settlement or judgment. “(4) Any payments by a trust fund described in section 17 shall be 33 USC 917. a lien upon the proceeds of any settlement obtained from or judgment recorded against a third person referred to under subsection (a). Such lien shall have priority over a lien under paragraph (3) of this subsection.”.

    Effective date note
    Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.

11 of 29 references resolved to an enrolled provision · 14 partial · 4 unresolved