Laws: Cases and Codes : U.S. Code : Title 33 : Section 907
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U.S. Code as of:
01/19/04
Section 907 - Notes
SOURCE
(Mar. 4, 1927, ch. 509, Sec. 7, 44 Stat. 1427; May 26, 1934, ch.
354, Sec. 1, 48 Stat. 806; June 25, 1938, ch. 685, Secs. 2, 3, 52
Stat. 1165; Pub. L. 86-757, Sept. 13, 1960, 74 Stat. 900; Pub. L.
92-576, Sec. 6, Oct. 27, 1972, 86 Stat. 1254; Pub. L. 98-426, Sec.
7, Sept. 28, 1984, 98 Stat. 1642.)
AMENDMENTS
1984 - Subsec. (b). Pub. L. 98-426, Sec. 7(a), inserted "or where
the charges exceed those prevailing within the community for the
same or similar services or exceed the provider's customary
charges".
Subsec. (c). Pub. L. 98-426, Sec. 7(b), substituted provisions
respecting physicians and health care providers not authorized to
render medical care or services under this chapter for former
provision respecting physicians designated by the Secretary as
authorized to render such care and whose names shall be available
to employees through posting or in such other form as the Secretary
may prescribe.
Subsec. (d). Pub. L. 98-426, Sec. 7(c), substituted provisions
for the recovery by the employee of amounts spent on medical
services which the employer failed to provide; for the procedure to
be followed for recovery; and for suspension of any payments made
if the employee unreasonably refuses to submit to treatment or
examination for former provisions which required a request for
treatment or services and the filing of a physician's report for
recovery, and permitted the Secretary to excuse a failure to file a
report when justified and to suspend payment if the employee
unreasonably refuses treatment or examination.
Subsec. (j). Pub. L. 98-426, Sec. 7(d), added subsec. (j).
Subsec. (k). Pub. L. 98-426, Sec. 7(e), added subsec. (k).
1972 - Subsec. (a). Pub. L. 92-576 reenacted provisions without
change.
Subsec. (b). Pub. L. 92-576, substituted provisions for
employee's choosing of an attending physician authorized by the
Secretary, for prior provisions for such a choosing from a panel of
physicians named by the employer and employer's selection of a
physician for an employee when nature of injury requires immediate
medical treatment and care for prior provisions for employer's
selection of a physician from the panel; required Secretary's
supervision of medical care rendered and periodic reports of
medical care furnished; provided for initiative of the Secretary or
the request of the employer for making change of hospitals or
physicians and that the change be in the interest of the employee;
provided for change of physicians pursuant to regulations of the
Secretary; and deleted prior provision authorizing a second choice
of a physician from the panel and for selection of physicians for
specialized services.
Subsec. (c). Pub. L. 92-576 substituted provisions respecting
Secretary's designation of physicians in community authorized to
render medical care and posting of their names for prior provisions
respecting deputy commissioner's determination of size of panel of
physicians (named by employer) following statutory criteria and
approval of their qualifications, and requirement of posting of
names and addresses of physicians so as to afford reasonable
notice.
Subsec. (d). Pub. L. 92-576 substituted the Secretary for the
deputy commissioner as the person to exercise the various
authorities, struck out introductory provisions respecting
employer's failure to maintain a panel of physicians for
examination purposes or to permit the employee to choose an
attending physician from the panel and employee's procurement of
treatment and services and selection of a physician at expense of
employer, decreased from twenty to ten days the period within which
to make the formal report of injury and treatment, and authorized
suspension of compensation for refusal to submit to an examination
by a physician of the employer.
Subsec. (e). Pub. L. 92-576 substituted provisions respecting
physical examination to determine medical questions by a physician
employed or selected by the Secretary, such physician's report of
the physical impairment, review or reexamination of the employee,
and the charging of costs to an employer, who is a self-insurer, or
the insurance company carrying the risk or the special fund for
prior provisions respecting examination of employee by a physician
selected by the deputy commissioner (who shall submit a report of
the disability) whenever the deputy commissioner was of the opinion
that the employer's physician was partial in his estimate of the
degree of permanent disability or the extent of temporary
disability and charging cost of examination to the employer, if he
was a self-insurer, or to the insurance company which was carrying
the risk when the physician's estimate was not impartial.
Subsec. (f). Pub. L. 92-576 added subsec. (f). Former subsec. (f)
redesignated (g).
Subsec. (g). Pub. L. 92-576 redesignated former subsec. (f) as
(g) and substituted "medical examinations, treatment, or service"
for "such treatment or service", "charges as prevail in the
community for such treatment" for "charges as prevail in the same
community for similar treatment of injured persons of like standard
of living", "regulation by the Secretary" for "regulation by the
deputy commissioner", and prescribed issuance of regulations
respecting medical expenses chargeable against employer. Former
subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 92-576 redesignated former subsec. (g) as
(h) and inserted "that" before "suit".
Subsec. (i). Pub. L. 92-576 added subsec. (i).
1960 - Subsec. (a). Pub. L. 86-757 designated first sentence as
subsec. (a). Remainder of former subsec. (a) redesignated (d).
Subsecs. (b), (c). Pub. L. 86-757 added subsecs. (b) and (c).
Former subsecs. (b) and (c) redesignated (e) and (f).
Subsec. (d). Pub. L. 86-757 redesignated all but first sentence
of former subsec. (a) as (d), substituting "If the employer fails
to provide the medical or other treatment, services, and supplies
required to be furnished by subsec. (a) of this section, after
request by the injured employee, or fails to maintain a panel of
physicians as required by subsec. (c) of this section, or fails to
permit the employee to choose an attending physician from such
panel, such injured employee may procure such medical or other
treatment, services, and supplies and select a physician to render
treatment and services at the expense of the employer" for "If the
employer fails to provide the same, after request by the injured
employee, such injured employee may do so at the expense of the
employer." Former subsec. (d) redesignated (g).
Subsecs. (e) to (g). Pub. L. 86-757 redesignated former subsecs.
(b) to (d) as (e) to (g), striking out "unless and until notice of
election to sue has been given as required by section 933(a) of
this title" and "without the giving of such notice" before and
after "or suit has been brought against such third party" in
subsec. (g).
1938 - Subsec. (a). Act June 25, 1938, Sec. 2, authorized deputy
commissioner to excuse failure to furnish prescribed medical
report.
Subsec. (d). Act June 25, 1938, Sec. 3, added subsec. (d).
1934 - Subsec. (a). Act May 26, 1934, authorized deputy
commissioner to suspend payment of compensation for refusal,
without justification, to submit to medical or surgical treatment.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 904, 906, 928, 931, 933,
944 of this title; title 30 section 932.
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