Page:United States Statutes at Large Volume 98 Part 2.djvu/489

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-426—SEPT. 28, 1984

98 STAT. 1649

official designated by the employer pursuant to subsection (c), or (ii)". TIME FOR FILING CLAIM BASED ON OCCUPATIONAL DISEASE

SEC. 12. Section 13(b) is amended by inserting "(1)" after "(b)" and adding at the end thereof the following: "(2) Notwithstanding the provisions of subsection (a), a claim for compensation for death or disability due to an occupational disease which does not immediately result in such death or disability shall be timely if filed within two years after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability, or within one year of the date of the last payment of compensation, whichever is later.".

33 USC 913.


SEC. 13. (a) Section 14(b) is amended by striking out "employer" and inserting in lieu thereof "employer has been notified pursuant to section 12, or the employer", (b) Section 14 is amended by striking out subsection (j) and by redesignating subsections (k) and (1) as subsections (j) arid (k), respectively.

33 USC 914.


SEC. 14. Section 17 is amended— (1) by striking out "(b)"; (2) by striking out "entitled to compensation under this Act" and inserting in lieu thereof "covered under this Act"; and (3) by striking out "this Act, the Secretary may authorize" and inserting in lieu thereof "this Act or under a settlement, the Secretary shall authorize".

33 USC 917.


S E C 15. Section 21(b) is amended— (1) by striking out "three" in paragraph (1) and inserting in lieu thereof "five"; (2) by adding the following sentence at the end of paragraph (1): "The Chairman shall have the authority, as delegated by the Secretary, to exercise all administrative functions necessary to operate the Board."; (3) by striking out "two" each place it appears in paragraph (2) and inserting in lieu thereof "three"; and (4) by adding the following new paragraph at the end thereof: "(5) Notwithstanding paragraphs (1) through (4), upon application of the Chairman of the Board, the Secretary may designate up to four Department of Labor administrative law judges to serve on the Board temporarily, for not more than one year. The Board is authorized to delegate to panels of three members any or all of the powers which the Board may exercise. Each such panel shall have no more than one temporary member. Two members shall constitute a quorum of a panel. Official adjudicative action may be taken only on the affirmative vote of at least two members of a panel. Any party aggrieved by a decision of a panel of the Board may, within thirty days after the date of entry of the decision, petition the entire

33 USC 921.