Page:United States Statutes at Large Volume 98 Part 2.djvu/486

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1646

Ante, p. 1639. 33 USC 944.

33 USC 908.

PUBLIC LAW 98-426—SEPT. 28, 1984

access to all records relating to the claim, and in all other respects retain all rights granted under this Act prior to cessation of such payments."; and (5) by adding at the end thereof the following new paragraph: "(3) Any request, filed after the date of enactment of the Longshore and Harbor Workers' Compensation Amendments of 1984, for apportionment of liability to the special fund established under section 44 of this Act for the payment of compensation benefits, and a statement of the grounds therefore, shall be presented to the deputy commissioner prior to the consideration of the claim by the deputy commissioner. Failure to present such request prior to such consideration shall be an absolute defense to the special fund's liability for the payment of any benefits in connection with such claim, unless the employer could not have reasonably anticipated the liability of the special fund prior to the issuance of a compensation order.'. (f) Subsection (i) of section 8 is amended to read as follows: "(i)(l) Whenever the parties to any claim for compensation under this Act, including survivors benefits, agree to a settlement, the deputy commissioner or administrative law judge shall approve the settlement within thirty days unless it is found to be inadequate or procured by duress. Such settlement may include future medical benefits if the parties so agree. No liability of any employer, carrier, or both for medical, disability, or death benefits shall be discharged unless the application for settlement is approved by the deputy commissioner or administrative law judge. If the parties to the settlement are represented by counsel, then agreements shall be deemed approved unless specifically disapproved within thirty days after submission for approval. "(2) If the deputy commissioner disapproves an application for settlement under paragraph (1), the deputy commissioner shall issue a written statement within thirty days containing the reasons for disapproval. Any party to the settlement may request a hearing before an administrative law judge in the manner prescribed by this Act. Following such hearing, the administrative law judge shall enter an order approving or rejecting the settlement. "(3) A settlement approved under this section shall discharge the liability of the employer or carrier, or both. Settlements may be agreed upon at any stage of the proceeding including after entry of a final compensation order.". (g) Such subsection (i) is further amended by adding at the end thereof the following new paragraph: "(4) The special fund shall not be liable for reimbursement of any sums paid or payable to an employee or any beneficiary under such settlement, or otherwise voluntarily paid prior to such settlement by the employer or carrier, or both.". (h) Section 8 is amended by adding at the end thereof the following new subsection: (j)(1) The employer may inform a disabled employee of his obligation to report to the employer not less than semiannually any earnings from employment or self-employment, on such forms as the Secretary shall specify in regulations. "(2) An employee who— "(A) fails to report the employee's earnings under paragraph (1) when requested, or "(B) knowingly and willfully omits or understates any part of such earnings.