(Mar. 4, 1927, ch. 509, § 7,44 Stat. 1427; May 26, 1934, ch. 354, § 1,48 Stat. 806; June 25, 1938, ch. 685, §§ 2,
3,52 Stat. 1165; Pub. L. 86–757, Sept. 13, 1960, 74 Stat. 900; Pub. L. 92–576, § 6,Oct. 27, 1972, 86 Stat. 1254; Pub. L. 98–426, § 7,Sept. 28, 1984, 98 Stat. 1642.)
1984—Subsec. (b). Pub. L. 98–426
, § 7(a), inserted “or where the charges exceed those prevailing within the community for the same or similar services or exceed the provider’s customary charges”.
Subsec. (c). Pub. L. 98–426
, § 7(b), substituted provisions respecting physicians and health care providers not authorized to render medical care or services under this chapter for former provision respecting physicians designated by the Secretary as authorized to render such care and whose names shall be available to employees through posting or in such other form as the Secretary may prescribe.
Subsec. (d). Pub. L. 98–426
, § 7(c), substituted provisions for the recovery by the employee of amounts spent on medical services which the employer failed to provide; for the procedure to be followed for recovery; and for suspension of any payments made if the employee unreasonably refuses to submit to treatment or examination for former provisions which required a request for treatment or services and the filing of a physician’s report for recovery, and permitted the Secretary to excuse a failure to file a report when justified and to suspend payment if the employee unreasonably refuses treatment or examination.
Subsec. (j). Pub. L. 98–426
, § 7(d), added subsec. (j).
Subsec. (k). Pub. L. 98–426
, § 7(e), added subsec. (k).
1972—Subsec. (a). Pub. L. 92–576
reenacted provisions without change.
Subsec. (b). Pub. L. 92–576
, substituted provisions for employee’s choosing of an attending physician authorized by the Secretary, for prior provisions for such a choosing from a panel of physicians named by the employer and employer’s selection of a physician for an employee when nature of injury requires immediate medical treatment and care for prior provisions for employer’s selection of a physician from the panel; required Secretary’s supervision of medical care rendered and periodic reports of medical care furnished; provided for initiative of the Secretary or the request of the employer for making change of hospitals or physicians and that the change be in the interest of the employee; provided for change of physicians pursuant to regulations of the Secretary; and deleted prior provision authorizing a second choice of a physician from the panel and for selection of physicians for specialized services.
Subsec. (c). Pub. L. 92–576
substituted provisions respecting Secretary’s designation of physicians in community authorized to render medical care and posting of their names for prior provisions respecting deputy commissioner’s determination of size of panel of physicians (named by employer) following statutory criteria and approval of their qualifications, and requirement of posting of names and addresses of physicians so as to afford reasonable notice.
Subsec. (d). Pub. L. 92–576
substituted the Secretary for the deputy commissioner as the person to exercise the various authorities, struck out introductory provisions respecting employer’s failure to maintain a panel of physicians for examination purposes or to permit the employee to choose an attending physician from the panel and employee’s procurement of treatment and services and selection of a physician at expense of employer, decreased from twenty to ten days the period within which to make the formal report of injury and treatment, and authorized suspension of compensation for refusal to submit to an examination by a physician of the employer.
Subsec. (e). Pub. L. 92–576
substituted provisions respecting physical examination to determine medical questions by a physician employed or selected by the Secretary, such physician’s report of the physical impairment, review or reexamination of the employee, and the charging of costs to an employer, who is a self-insurer, or the insurance company carrying the risk or the special fund for prior provisions respecting examination of employee by a physician selected by the deputy commissioner (who shall submit a report of the disability) whenever the deputy commissioner was of the opinion that the employer’s physician was partial in his estimate of the degree of permanent disability or the extent of temporary disability and charging cost of examination to the employer, if he was a self-insurer, or to the insurance company which was carrying the risk when the physician’s estimate was not impartial.
Subsec. (f). Pub. L. 92–576
added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 92–576
redesignated former subsec. (f) as (g) and substituted “medical examinations, treatment, or service” for “such treatment or service”, “charges as prevail in the community for such treatment” for “charges as prevail in the same community for similar treatment of injured persons of like standard of living”, “regulation by the Secretary” for “regulation by the deputy commissioner”, and prescribed issuance of regulations respecting medical expenses chargeable against employer. Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 92–576
redesignated former subsec. (g) as (h) and inserted “that” before “suit”.
Subsec. (i). Pub. L. 92–576
added subsec. (i).
1960—Subsec. (a). Pub. L. 86–757
designated first sentence as subsec. (a). Remainder of former subsec. (a) redesignated (d).
Subsecs. (b), (c). Pub. L. 86–757
added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (e) and (f).
Subsec. (d). Pub. L. 86–757
redesignated all but first sentence of former subsec. (a) as (d), substituting “If the employer fails to provide the medical or other treatment, services, and supplies required to be furnished by subsec. (a) of this section, after request by the injured employee, or fails to maintain a panel of physicians as required by subsec. (c) of this section, or fails to permit the employee to choose an attending physician from such panel, such injured employee may procure such medical or other treatment, services, and supplies and select a physician to render treatment and services at the expense of the employer” for “If the employer fails to provide the same, after request by the injured employee, such injured employee may do so at the expense of the employer.” Former subsec. (d) redesignated (g).
Subsecs. (e) to (g). Pub. L. 86–757
redesignated former subsecs. (b) to (d) as (e) to (g), striking out “unless and until notice of election to sue has been given as required by section
of this title” and “without the giving of such notice” before and after “or suit has been brought against such third party” in subsec. (g).
1938—Subsec. (a). Act June 25, 1938, § 2, authorized deputy commissioner to excuse failure to furnish prescribed medical report.
Subsec. (d). Act June 25, 1938, § 3, added subsec. (d).
1934—Subsec. (a). Act May 26, 1934, authorized deputy commissioner to suspend payment of compensation for refusal, without justification, to submit to medical or surgical treatment.
Effective Date of 1984 Amendment
Amendment by section 7(a), (e) ofPub. 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
–(d) of Pub. L. 98–426
effective 90 days after Sept. 28, 1984, see section 28(b), (e)(2) ofPub. L. 98–426
, set out as a note under section
of this title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92–576
effective 30 days after Oct. 27, 1972, see section 22 ofPub. L. 92–576
, set out as a note under section
of this title.
Claims Filed Under Black Lung Benefits Act
Section 28(h)(1) ofPub. L. 98–426
provided that: “The amendments made by section 7 of this Act [amending this section] shall not apply to claims filed under the Black Lung Benefits Act (30