section 908(f) of this titlesection 944(i) of this titlesection 919 of this titleUpon his own initiative, or upon the application of any party in interest (including an employer or carrier which has been granted relief under ), 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 ) in accordance with the procedure prescribed in respect of claims in , 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.
Mar. 4, 1927, ch. 509, § 2244 Stat. 1437May 26, 1934, ch. 354, § 548 Stat. 807June 25, 1938, ch. 685, § 1052 Stat. 1167Pub. L. 98–42698 Stat. 1650(, ; , ; , ; , §§ 16, 27(a)(2), , , 1654.)
Editorial Notes
Amendments
Pub. L. 98–426, § 16section 908(f) of this titlesection 941(i) of this title1984—, inserted “(including an employer or carrier which has been granted relief under )” after “party in interest” and “(including a case under which payments are made pursuant to )” 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)section 902 of this title, substituted “Secretary” for “commission”. See Transfer of Functions note set out under .
1938—Act , permitted review of compensation case at any time prior to one year after rejection of claim and authorized award of compensation.
1934—Act , 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–426section 28(e)(1) of Pub. L. 98–426section 901 of this titleAmendment by effective , see , set out as a note under .