33 U.S.C. § 923

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 923 - Procedure before deputy commissioner or Board

(a) In making an investigation or inquiry or conducting a hearing the deputy commissioner or Board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.

(b) Hearings before a deputy commissioner or Board shall be open to the public and shall be stenographically reported, and the deputy commissioners or Board, subject to the approval of the Secretary, are authorized to contract for the reporting of such hearings. The Secretary shall by regulation provide for the preparation of a record of the hearings and other proceedings before the deputy commissioners or Board.

33 U.S.C. § 923

Mar. 4, 1927, ch. 509, §23, 44 Stat. 1437; Pub. L. 92-576, §15(e), Oct. 27, 1972, 86 Stat. 1262; Pub. L. 98-426, §27(a)(2), Sept. 28, 1984, 98 Stat. 1654.

EDITORIAL NOTES

AMENDMENTS1984-Subsec. (b). Pub. L. 98-426 substituted "Secretary" for "commission". See Transfer of Functions note set out under section 902 of this title. 1972- Pub. L. 92-576 inserted references to the Board in subsecs. (a) and (b).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98-426 set out as a note under section 901 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92-576 set out as a note under section 902 of this title.

Board

The term "Board" shall mean the Benefits Review Board.

Secretary

The term "Secretary" means the Secretary of Labor.

deputy commissioner

The term "deputy commissioner" means the deputy commissioner having jurisdiction in respect of an injury or death.

injury

The term "injury" means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment.