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U.S. Code as of:
01/19/04
Section 918. Collection of defaulted payments; special fund
(a) In case of default by the employer in the payment of
compensation due under any award of compensation for a period of
thirty days after the compensation is due and payable, the person
to whom such compensation is payable may, within one year after
such default, make application to the deputy commissioner making
the compensation order or (!1) a supplementary order declaring the
amount of the default. After investigation, notice, and hearing, as
provided in section 919 of this title, the deputy commissioner
shall make a supplementary order, declaring the amount of the
default, which shall be filed in the same manner as the
compensation order. In case the payment in default is an
installment of the award, the deputy commissioner may, in his
discretion, declare the whole of the award as the amount in
default. The applicant may file a certified copy of such
supplementary order with the clerk of the Federal district court
for the judicial district in which the employer has his principal
place of business or maintains an office, or for the judicial
district in which the injury occurred. In case such principal place
of business or office or place where the injury occurred is in the
District of Columbia, a copy of such supplementary order may be
filed with the clerk of the United States District Court for the
District of Columbia. Such supplementary order of the deputy
commissioner shall be final, and the court shall, upon the filing
of the copy, enter judgment for the amount declared in default by
the supplementary order if such supplementary order is in
accordance with law. Review of the judgment so entered may be had
as in civil suits for damages at common law. Final proceedings to
execute the judgment may be had by writ of execution in the form
used by the court in suits at common law in actions of assumpsit.
No fee shall be required for filing the supplementary order nor for
entry of judgment thereon, and the applicant shall not be liable
for costs in a proceeding for review of the judgment unless the
court shall otherwise direct. The court shall modify such judgment
to conform to any later compensation order upon presentation of a
certified copy thereof to the court.
(b) In cases where judgment cannot be satisfied by reason of the
employer's insolvency or other circumstances precluding payment,
the Secretary of Labor may, in his discretion and to the extent he
shall determine advisable after consideration of current
commitments payable from the special fund established in section
944 of this title, make payment from such fund upon any award made
under this chapter, and in addition, provide any necessary medical,
surgical, and other treatment required by section 907 of this title
in any case of disability where there has been a default in
furnishing medical treatment by reason of the insolvency of the
employer. Such an employer shall be liable for payment into such
fund of the amounts paid therefrom by the Secretary of Labor under
this subsection; and for the purpose of enforcing this liability,
the Secretary of Labor for the benefit of the fund shall be
subrogated to all the rights of the person receiving such payment
or benefits as against the employer and may by a proceeding in the
name of the Secretary of Labor under this section or under
subsection (c) of section 921 of this title, or both, seek to
recover the amount of the default or so much thereof as in the
judgment of the Secretary is possible, or the Secretary may settle
and compromise any such claim.
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