33 U.S. Code § 922 - Modification of awards

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.

Source

(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.)
Amendments

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.
Effective Date of 1984 Amendment

Amendment by Pub. L. 98–426effective Sept. 28, 1984, see section 28(e)(1) ofPub. L. 98–426, set out as a note under section 901 of this title.

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20 CFR Part 722 - CRITERIA FOR DETERMINING WHETHER STATE WORKERS' COMPENSATION LAWS PROVIDE ADEQUATE COVERAGE FOR PNEUMOCONIOSIS AND LISTING OF APPROVED STATE LAWS

20 CFR Part 725 - CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED

20 CFR Part 726 - BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE

20 CFR Part 801 - ESTABLISHMENT AND OPERATION OF THE BOARD

20 CFR Part 802 - RULES OF PRACTICE AND PROCEDURE

 

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