33 U.S.C. § 921 : US Code - Section 921: Review of compensation orders

Search 33 U.S.C. § 921 : US Code - Section 921: Review of compensation orders

(a) Effectiveness and finality of orders
A compensation order shall become effective when filed in the
office of the deputy commissioner as provided in section 919 of
this title, and, unless proceedings for the suspension or setting
aside of such order are instituted as provided in subsection (b) of
this section, shall become final at the expiration of the thirtieth
day thereafter.
(b) Benefits Review Board; establishment; members; chairman;
quorum; voting; questions reviewable; record; conclusiveness of
findings; stay of payments; remand
(1) There is hereby established a Benefits Review Board which
shall be composed of five members appointed by the Secretary from
among individuals who are especially qualified to serve on such
Board. The Secretary shall designate one of the members of the
Board to serve as chairman. The Chairman shall have the authority,
as delegated by the Secretary, to exercise all administrative
functions necessary to operate the Board.
(2) For the purpose of carrying out its functions under this
chapter, three members of the Board shall constitute a quorum and
official action can be taken only on the affirmative vote of at
least three members.
(3) The Board shall be authorized to hear and determine appeals
raising a substantial question of law or fact taken by any party in
interest from decisions with respect to claims of employees under
this chapter and the extensions thereof. The Board's orders shall
be based upon the hearing record. The findings of fact in the
decision under review by the Board shall be conclusive if supported
by substantial evidence in the record considered as a whole. The
payment of the amounts required by an award shall not be stayed
pending final decision in any such proceeding unless ordered by the
Board. No stay shall be issued unless irreparable injury would
otherwise ensue to the employer or carrier.
(4) The Board may, on its own motion or at the request of the
Secretary, remand a case to the administrative law judge for
further appropriate action. The consent of the parties in interest
shall not be a prerequisite to a remand by the Board.
(5) Notwithstanding paragraphs (1) through (4), upon application
of the Chairman of the Board, the Secretary may designate up to
four Department of Labor administrative law judges to serve on the
Board temporarily, for not more than one year. The Board is
authorized to delegate to panels of three members any or all of the
powers which the Board may exercise. Each such panel shall have no
more than one temporary member. Two members shall constitute a
quorum of a panel. Official adjudicative action may be taken only
on the affirmative vote of at least two members of a panel. Any
party aggrieved by a decision of a panel of the Board may, within
thirty days after the date of entry of the decision, petition the
entire permanent Board for review of the panel's decision. Upon
affirmative vote of the majority of the permanent members of the
Board, the petition shall be granted. The Board shall amend its
Rules of Practice to conform with this paragraph. Temporary
members, while serving as members of the Board, shall be
compensated at the same rate of compensation as regular members.
(c) Court of appeals; jurisdiction; persons entitled to review;
petition; record; determination and enforcement; service of
process; stay of payments
Any person adversely affected or aggrieved by a final order of
the Board may obtain a review of that order in the United States
court of appeals for the circuit in which the injury occurred, by
filing in such court within sixty days following the issuance of
such Board order a written petition praying that the order be
modified or set aside. A copy of such petition shall be forthwith
transmitted by the clerk of the court, to the Board, and to the
other parties, and thereupon the Board shall file in the court the
record in the proceedings as provided in section 2112 of title 28.
Upon such filing, the court shall have jurisdiction of the
proceeding and shall have the power to give a decree affirming,
modifying, or setting aside, in whole or in part, the order of the
Board and enforcing same to the extent that such order is affirmed
or modified. The orders, writs, and processes of the court in such
proceedings may run, be served, and be returnable anywhere in the
United States. The payment of the amounts required by an award
shall not be stayed pending final decision in any such proceeding
unless ordered by the court. No stay shall be issued unless
irreparable injury would otherwise ensue to the employer or
carrier. The order of the court allowing any stay shall contain a
specific finding, based upon evidence submitted to the court and
identified by reference thereto, that irreparable damage would
result to the employer, and specifying the nature of the damage.
(d) District court; jurisdiction; enforcement of orders;
application of beneficiaries of awards or deputy commissioner;
process for compliance with orders
If any employer or his officers or agents fails to comply with a
compensation order making an award, that has become final, any
beneficiary of such award or the deputy commissioner making the
order, may apply for the enforcement of the order to the Federal
district court for the judicial district in which the injury
occurred (or to the United States District Court for the District
of Columbia if the injury occurred in the District). If the court
determines that the order was made and served in accordance with
law, and that such employer or his officers or agents have failed
to comply therewith, the court shall enforce obedience to the order
by writ of injunction or by other proper process, mandatory or
otherwise, to enjoin upon such person and his officers and agents
compliance with the order.
(e) Institution of proceedings for suspension, setting aside, or
enforcement of compensation orders
Proceedings for suspending, setting aside, or enforcing a
compensation order, whether rejecting a claim or making an award,
shall not be instituted otherwise than as provided in this section
and section 918 of this title.