Notes on 33 U.S.C. § 933 : US Code - Notes

Search Notes on 33 U.S.C. § 933 : US Code - Notes

(Mar. 4, 1927, ch. 509, Sec. 33, 44 Stat. 1440; June 25, 1938, ch.
685, Secs. 12, 13, 52 Stat. 1168; Pub. L. 86-171, Aug. 18, 1959, 73
Stat. 391; Pub. L. 92-576, Sec. 15(f)-(h), Oct. 27, 1972, 86 Stat.
1262; Pub. L. 98-426, Sec. 21, Sept. 28, 1984, 98 Stat. 1652.)
AMENDMENTS
1984 - Subsec. (b). Pub. L. 98-426, Sec. 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."
Subsec. (e)(2). Pub. L. 98-426, Sec. 21(b), struck out ", less
one-fifth of such excess which shall belong to the employer" after
"or to the representative".
Subsec. (f). Pub. L. 98-426, Sec. 21(c)(1), inserted "net" before
"amount recovered".
Pub. L. 98-426, Sec. 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)."
Subsec. (g). Pub. L. 98-426, Sec. 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) of
this section 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) of this section 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) of this section 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).
1972 - Subsecs. (b), (e)(1)(A). Pub. L. 92-576, Sec. 15(f), (g),
inserted "or Board" after "deputy commissioner".
Subsec. (g). Pub. L. 92-576, Sec. 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".
1959 - 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,".
Subsec. (b). Pub. L. 86-171 inserted "unless such person shall
commence an action against such third person within six months
after such award".
Subsec. (c). Pub. L. 86-171 struck out ", whether or not the
representative has notified the deputy commissioner of his
election" after "third person".
Subsec. (d). Pub. L. 86-171 reenacted subsec. (d) without change.
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".
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) of this section" for "section 913 of
this title" and "Secretary" for "Commission".
Subsec. (g). Pub. L. 86-171 corrected reference to "subsection
(e)" to read "subsection (f)".
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.
1938 - Subsec. (b). Act June 25, 1938, Sec. 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.
Subsec. (e). Act June 25, 1938, Sec. 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.
Subsec. (i). Act June 25, 1938, Sec. 13, added subsec. (i).
EFFECTIVE DATE OF 1984 AMENDMENT
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.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-576 effective 30 days after Oct. 27,
1972, see section 22 of Pub. L. 92-576, set out as a note under
section 902 of this title.