injury or death, the average weekly wage and such other facts as may be necessary to determine all of the issues raised before the deputy commissioner upon the hearing of the case or otherwise, but in case of rejection of the claim the deputy commissioner may in his discretion omit any finding unnecessary to support such action. In all death cases the dates of birth of each claimant shall be found in the compensation order; in such cases involving aliens, findings with respect to such alienage shall be made. In cases in which the claim is rejected, the ground for such rejection shall be stated in a paragraph following the findings of fact. Where failure to give notice of injury or death is excused pursuant to the provisions of section 12 (d) of said act (44 Stat. 1431; 33 U. S. C. 912 (d)), the fact of such excuse together with the ground thereof shall be stated in the compensation order.

(b) In compensation orders other than the original order the statement of the basis for the order shall contain reference to all prior compensation orders with the dates thereof. In such orders the findings of fact shall relate only to the immediate issues before the deputy commissioner, without restatement of facts found in any prior compensation order relating to the same injury or death, unless necessary for the completeness of the compensation order.

(c) Findings of fact shall be stated positively; that is, without equivocation or qualification. All ultimate facts necessary to support the action of the deputy commissioner shall be found. Recitals of evidence, statements of opinion, and citations to authorities shall be avoided in a compensation order.

(d) The findings of fact may contain, in addition to the ultimate facts necessary to support the action of the deputy commissioner upon the issues before him, findings relating to services rendered on behalf of the claimant by his authorized representative, and relating to the approval of bills for medical treatment and other attendance or treatment authorized to be obtained by an employee under the provisions of section 7 of said act (44 Stat. 1427; 33 U. S. C. 907).

for a period of 30 days after the compensation is due and payable, the person to whom such compensation is payable may, within 1 year after such default, make application in writing to the deputy commissioner making the award for a supplementary compensation order declaring the amount of the default. As a part of the procedure prescribed in section 18 of said act (44 Stat. 1434; 33 U. S. C. 918) the deputy commissioner shall serve notice upon the employer or insurance carrier of such application and at the same time shall call upon such employer or carrier for submission to the deputy commissioner, under the provisions of section 14 (1) of said act (44 Stat. 1434; 33 U. S. C. 914 (1)), of evidence of the payment of compensation, in the form of receipts or otherwise, for inspection by the deputy commissioner. This evidence or copies or transcripts thereof may be incorporated in the record of the case as basis for action upon the application.

(b) Such a supplementary compensation order shall show (1) as the basis for the order, a recital relative to the application and date thereof, (2) a recital that upon due notice to the parties in interest an investigation or hearing with respect to the application was had or made, or that no hearing was applied for or deemed necessary by the deputy commissioner, (3) a recital, in the findings of fact, of the fact and date of filing of the compensation order upon which the application is based, quoting the award paragraph thereof, (4) a finding that the employer and insurance carrier failed to comply therewith (in whole or in part as found by the deputy commissioner), (5) a finding that a stated aggregate amount of compensation covering a stated period of disability was not paid within 30 days after it became due and payable under the award, and is, therefore, declared to be in default for more than 30 days, (6) (in the discretion of the deputy commissioner as indicated in said section 18) a recital that as provided under section 18, the whole of the award, namely $(which

will be the sum of all of the installments as found in the prior compensation order), is declared in default, and (7) (when applied for) a further recital that compensation in the sum of t was not paid within 10 days came due und he terms of and that t Dursuant visions of (f) (44 S

33 U.S.C. 914 (f)) there is due and payable to the claimant by the employer and carrier 20 percent of such sum, or the sum of $-- -----, which is in addition to such compensation. The findings of fact shall be followed by an award embodying the action of the deputy commissioner, and the statement relating to proof of service as provided for compensation orders in § 31.12.

§ 31.15 Interlocutory matters to be disposed of without formal orders. Compensation orders or other formal orders shall not be made or filed with respect to interlocutory matters of a procedural nature arising during the pendency of a compensation case.

§ 31.16 Application for review of a compensation case for modification of award; procedure.

(a) Every application to the deputy commissioner for review of a compensation case for modification of an award shall state specifically the ground or grounds under section 22 of said act (44 Stat. 1437; 33 U.S.C. 922) upon which the applicant relies, with the particulars in respect of the application of such ground or grounds in his case. Such applications shall be supported by medical reports, affidavits or other appropriate evidence. Such applications and supporting papers shall be submitted in duplicate so that one copy thereof may be transmitted to the opposing party. Both original and duplicate shall be signed by the applicant and by his attorney or representative if he has one, and the duplicate shall be transmitted by the deputy commissioner to the opposing party.

(b) The procedure in respect of an application for review of a compensation case for modification of an award shall be the same as that prescribed in respect of claims in section 19 of said act (44 Stat. 1435; 33 U. S. C. 919).

§ 31.17 Commutation of payments.

Applications for commutation of future payments of compensation shall be made to the deputy commissioner on the form provided by the Bureau for that purpose. If the deputy commissioner determines that an award of a lump sum payment of such compensation would be in the interest of justice, he shall submit such application, together with the reasons in support of such determination, to the Bureau for its consideration. Commu

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tation of such payments will be approved in disability cases only where the quality of the disability is permanent or the compensation period is determinable and will be made only in cases in which a compensation order has been filed which finds the character and quality of the disability. Commutation of death benefits will be approved in death cases only when it appears that the rights of all probable or potential beneficiaries have been determined and after a compensation order has been filed fixing the right of the beneficiary on whose behalf such commutation is sought. The computation of all commutations of such compensation will be made by the Bureau and for such purpose the deputy commissioner shall transmit his file in

the particular case. For this purpose the deputy commissioner shall ascertain and furnish to the Bureau the date of birth of the person on whose behalf commutation is sought, as well as the date upon which such commutation shall be effective.

§ 31.18 Same; aliens not residents or about to become nonresidents.

Applications under section 9(g) of said act (44 Stat. 1430; 33 U.S.C. 909(g)) for commutation of future payments of compensation awarded to aliens not residents (or about to become nonresidents) of the United States or Canada shall be made to the deputy commissioner, who shall in turn transmit such application promptly to the Bureau. Such commutation shall be made as of the date such application is received by the deputy commissioner, or such later date as the application may show to be proper. No such commutation shall be made with respect to a person journeying abroad for a visit who has previously declared a definite intention to return and has stated a time for returning. No such commutation shall be made except upon the basis of a compensation order fixing the right of the beneficiary to compensation.

§ 31.19 Compensation from special fund in cases of permanent disability. In any case in which an employee receives an injury which would of itself cause only permanent partial disability, but which when combined with disability resulting from a previous unrelated injury does in fact cause permanent total disability or disability less than permanent total so that the case would be one

within the purview of section 8 (f) of said act (44 Stat. 1429; 33 U. S. 908 (f)), the deputy commissioner shall in a compensation order find separately the facts relating to each injury and shall find the extent of the employee's disability resulting from each injury and shall make an award against the employer only for the results of the subsequent injury. Upon the cessation of payments of compensation for such disability, the case, if one involving permanent total disability, shall be transmitted to the Bureau for consideration of an award by it out of the special fund established in section 44 of said act (44 Stat. 1444; 33 U. S. C. 944). The deputy commissioner will not make an award of compensation to be paid from the special fund. Awards from the special fund will not be made in cases in which an injury increases or aggravates disability due to disease, congenital defects or causes other than a prior injury; in such cases the employer is liable for compensation for all of such increased or aggravated disability, and the deputy commissioner will make his award accordingly.

§ 31.20 Maintenance for employees undergoing vocational rehabilitation.

Awards of additional compensation for the purpose of maintenance of an employee undergoing vocational training at the direction of the Bureau, under the provisions of section 8 (g) (44 Stat. 1429; 33 U.S.C. 908 (g)) and section 39 (c) of said act (44 Stat. 1443; 33 U. S. C. 939 (c)), shall be made only by the Bureau. For this purpose the Bureau may require investigations by the deputy commissioner with respect to any case and the recommendation of the deputy commissioner as to the propriety and need for such maintenance.

§ 31.21

Representatives of parties in interest and fees for services.

(a) Any party in interest, whether claimant, employer or insurance carrier, may be represented before the deputy commissioner by any person previously authorized in writing for such purpose. Any attorney in good standing, admitted to the bar of the State where the compensation proceeding is held may when so authorized appear as attorney in respect of a claim under said act. For good cause shown, the deputy commissioner may, after opportunity to be heard and subject to the approval of the Bu

reau, bar any such representative from further appearance before him in any such proceeding.

(b) No claim for legal or other services rendered in respect of a claim or award for compensation, to or on account of any person, shall be valid unless approved by the deputy commissioner, and any claim so approved shall, in the manner and to the extent fixed by the deputy commissioner, be a lien upon such compensation. No contract for a stipulated fee or for a fee on a contingent basis will be recognized by the deputy commissioner, and no fee for services shall be approved except upon an application to the deputy commissioner supported by a sufficient statement of the extent and character of the necessary work done on behalf of the claimant. Except where the claimant has been advised that such representation will be rendered gratuitously, the fee approved by the deputy commission shall be reasonably commensurate with the actual necessary work performed by such representative, taking into account the capacity in which the representative has appeared, the amount of compensation involved and the circumstances of the claimant.

Any party in interest may be permitted to examine the record of the case in which he is interested. The deputy commissioner, however, shall be the judge of the reasonableness of any such request and may in his discretion deny inspection of any such record or part thereof which in his opinion may result in damage or harm to the beneficiary or to any other person, or which may be inimical to the interests of the Bureau or of the United States. The original record in any such case shall not be removed from the office of the deputy commissioner for such inspection.

§ 31.23 Employer's record of injury or death.

Every employer shall keep a record in respect of any injury to an employee. The record shall contain information of disease, other disability, or death in respect of such injury and shall be available to inspection by the Bureau or by any State authority.

(Sec. 29, 44 Stat. 1438; 33 U. S. C. 929)

§ 31.24 Transfer of cases.

(a) At any time after a claim has been filed with him, the deputy commissioner may, with the approval of the Bureau, transfer such case to any other deputy commissioner for the purpose of making investigation, taking testimony, making physical examinations or taking such other necessary action therein as may be directed.

(b) Request for approval of such a transfer of a case may be made by letter to the Bureau in which the deputy commissioner shall set forth fuily the purpose of such transfer. If such transfer should be approved by the Bureau, the deputy commissioner making the transfer shall by letter to the deputy commissioner to whom the case is transferred give such advice, comments, suggestions or directions as may be needed under the circumstances of the particular case, transmitting to the Bureau a copy of such letter. The file of the deputy commissioner, including transcripts of testimony, may be sent to the deputy commissioner to whom the case is transferred, if necessary, for proper action by him. All official papers should be sent by registered mail. [4 F.R. 1698, Apr. 27, 1989]

§ 31.25 Assessment of civil penalties.

In any case under said act in which a civil penalty is provided for in which it should appear that there has been a failure to perform a statutory obligation, for which failure the said act subjects an employer or carrier to the imposition of a civil penalty, the deputy commissioner shall make full report to the Bureau of the facts relating to such apparent failure and shall therein make his recommendation as to the assessment of such penalty. The Bureau upon ascertaining that there has been such failure will call upon the offending employer or carrier to show cause, within a reasonable time stated, why such civil penalty should not be assessed by the Bureau.

§ 31.26 Agreed settlements.

(a) In cases under section 8(c) (21) and section 8(e) of said act, whenever the deputy commissioner determines that it is for the best interests of an injured employee entitled to compensation, he may, with the approval of the Bureau, approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of section 15 (b) and section 16 of said act: Provided, That the sum so agreed upon shall be payable in instalments as provided in section 14 (b) of said act, which instalments shall be subject to commutation under section 14 (j) of said act: And provided further, That if the employee should die from causes other than the injury after the Bureau has approved an agreed settlement, the sum so approved shall be payable, in the manner herein prescribed, to and for the benefit of the persons enumerated in section 8 (d) of said act.

(b) Application for approval of an agreed settlement under section 8 (i) of the said act shall be made in writing to the deputy commissioner by the parties in interest. The application shall set forth fully all facts necessary to disclose the status of the case and the reason for seeking approval of an agreed settlement under said section, as well as the specific terms of such agreed settlement, and shall be accompanied by a report of examination of the employee, if a recent report is not of record in the office of the deputy commissioner. Such application, including all supporting papers, shall be submitted in duplicate.

(c) If the case is one coming within the purview of section 8 (c) (21) or section 8 (e) of said act, and the deputy commissioner should determine that the proposed agreed settlement according to such application is for the best interests of the injured employee, the deputy commissioner shall transmit to the Bureau a copy of the proposed agreed settlement, together with a statement of his recommendation to such effect. The deputy commissioner shall transmit to the Bureau his complete file in the case. All papers shall be sent by registered mail. If the disability as found in the last compensation order filed in the case is not of such character and quality as to bring the case within the purview of section 8 (c) (21) or section

8 (e), the deputy commissioner shall file a compensation order making necessary findings of fact relative to the character and quality of disability and to the current wage-earning capacity of the employee. If such course is not practical, the deputy commissioner may in his communication advise the Bureau with respect to the probable character and quality of disability according to the most recent evidence received and shall inform the Bureau of the probable current wage-earning capacity of the employee. With such recommendation the deputy commissioner shall submit such other information as may bear upon the advisability of approving the agreed settlement.

(d) Section 8 (1) was intended to furnish a legal basis for agreement as to the payment of compensation for probable future disability, principally in cases in which the symptoms of disability are largely subjective, the extent of loss of wage-earning capacity due to such disability is difficult to determine, and where the compensation rate is likely to fluctuate and be subject to change over long periods of time. This section was not intended to furnish generally a basis for the settlement of claims or as a mere convenience in disposing of

Sec.

32.16 Report by carrier of issuance of policy or endorsement; form.

32.17 32.18 32.19

Report; by whom sent.

Agreement to be bound by card report. Report by employer operating temporarily in another compensation district.

32.20 Name of one employer only shall be reported on one card.

AUTHORITY: The provisions of this Part 82 issued under sec. 39, 44 Stat. 1442; 38 U.S.C. 939, unless otherwise noted.

SOURCE: The provisions of this Part 82 contained in Regulations under the Longshoremen's and Harbor Workers' Compensation Act, May 31, 1988, unless otherwise noted.

§ 32.1 Types of companies which may be authorized by the Bureau.

The Bureau will consider for the granting of authority to write insurance under the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424; 33 U.S.C. Chapter 18) the application of any stock company, mutual company or association, or any other person or fund, while authorized under the laws of the United States or of any State to insure workmen's compensation. The term "carrier" as used in this part means any person or fund duly authorized to insure workmen's compensation benefits under said act.

§ 32.2 Applications for authority to write insurance; how filed; evidence to be submitted; other requirements. An application for authority to write insurance under this act shall be made in writing, signed by the principal officer of the applicant duly authorized to make such application, and transmitted to the Bureau of Employees' Compensation, United States Department of Labor. Such application shall be accompanied by full and complete information regarding the history and experience of such applicant in the writing of workmen's compensation insurance, together with evidence that it has authority in its charter or form of organization to write such insurance, and evidence that the applicant is currently authorized to insure workmen's compensation liability under the laws of the United States or of any State. The statements of fact in each application and in the supporting evidence shall be verified by the oath of the officer of the applicant who signs such application. Each applicant shall state in its application the places at which it intends to do business.