U.S. Code > Title 33 > Chapter 18 > § 918 - Collection of defaulted payments; special fund
Current as of: February 2010
(a) Filing of claim
Subject to the provisions of section 913 of this title a claim
for compensation may be filed with the deputy commissioner in
accordance with regulations prescribed by the Secretary at any time
after the first seven days of disability following any injury, or
at any time after death, and the deputy commissioner shall have
full power and authority to hear and determine all questions in
respect of such claim.
(b) Notice of claim
Within ten days after such claim is filed the deputy
commissioner, in accordance with regulations prescribed by the
Secretary, shall notify the employer and any other person (other
than the claimant), whom the deputy commissioner considers an
interested party, that a claim has been filed. Such notice may be
served personally upon the employer or other person, or sent to
such employer or person by registered mail.
(c) Investigations; order for hearing; notice; rejection or award
The deputy commissioner shall make or cause to be made such
investigations as he considers necessary in respect of the claim,
and upon application of any interested party shall order a hearing
thereon. If a hearing on such claim is ordered the deputy
commissioner shall give the claimant and other interested parties
at least ten days' notice of such hearing, served personally upon
the claimant and other interested parties or sent to such claimant
and other interested parties by registered mail or by certified
mail, and shall within twenty days after such hearing is had, by
order, reject the claim or make an award in respect of the claim.
If no hearing is ordered within twenty days after notice is given
as provided in subsection (b) of this section, the deputy
commissioner shall, by order, reject the claim or make an award in
respect of the claim.
(d) Provisions governing conduct of hearing; administrative law
Notwithstanding any other provisions of this chapter, any hearing
held under this chapter shall be conducted in accordance with the
provisions of section 554 of title 5. Any such hearing shall be
conducted by a (!1) administrative law judge qualified under
section 3105 of that title. All powers, duties, and
responsibilities vested by this chapter, on October 27, 1972, in
the deputy commissioners with respect to such hearings shall be
vested in such administrative law judges.
(e) Filing and mailing of order rejecting claim or making award
The order rejecting the claim or making the award (referred to in
this chapter as a compensation order) shall be filed in the office
of the deputy commissioner, and a copy thereof shall be sent by
registered mail or by certified mail to the claimant and to the
employer at the last known address of each.
(f) Awards after death of employee
An award of compensation for disability may be made after the
death of an injured employee.
(g) Transfer of case
At any time after a claim has been filed with him, the deputy
commissioner may, with the approval of the Secretary, transfer such
case to any other deputy commissioner for the purpose of making
investigation, taking testimony, making physical examinations or
taking such other necessary action therein as may be directed.
(h) Physical examination of injured employee
An injured employee claiming or entitled to compensation shall
submit to such physical examination by a medical officer of the
United States or by a duly qualified physician designated or
approved by the Secretary as the deputy commissioner may require.
The place or places shall be reasonably convenient for the
employee. Such physician or physicians as the employee, employer,
or carrier may select and pay for may participate in an examination
if the employee, employer, or carrier so requests. Proceedings
shall be suspended and no compensation be payable for any period
during which the employee may refuse to submit to examination.
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