FEDERAL · 33 U.S.C. · Chapter 18
Lien against compensation
33 U.S.C. § 917
Title33 — Navigation and Navigable Waters
Chapter18 — LONGSHORE AND HARBOR WORKERS' COMPENSATION
This text of 33 U.S.C. § 917 (Lien against compensation) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
33 U.S.C. § 917.
Text
Where a trust fund which complies with section 186(c) of title 29 established pursuant to a collective-bargaining agreement in effect between an employer and an employee covered under this chapter has paid disability benefits to an employee which the employee is legally obligated to repay by reason of his entitlement to compensation under this chapter or under a settlement, the Secretary shall authorize a lien on such compensation in favor of the trust fund for the amount of such payments.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Albert Johnson v. American Mutual Liability Insurance Company
559 F.2d 382 (Fifth Circuit, 1977)
Grantham v. Eastern Marine, Inc.
93 B.R. 752 (N.D. Florida, 1988)
Aucoin v. Pelham Marine, Inc.
593 F. Supp. 770 (W.D. Louisiana, 1984)
Tucker v. Norton
47 F. Supp. 762 (E.D. Pennsylvania, 1942)
Pyrites Co. v. Davison Chemical Co.
4 F. Supp. 294 (D. Maryland, 1933)
Ingalls Shipbuilding, Inc. v. Director, Office of Workers' Compensation Programs, U.S.
65 F.3d 460 (Fifth Circuit, 1995)
In re Charles Nelson Co.
29 F. Supp. 56 (N.D. California, 1939)
Solis v. Home Insurance
848 F. Supp. 2d 91 (D. New Hampshire, 2012)
Source Credit
History
(Mar. 4, 1927, ch. 509, §17, 44 Stat. 1434; June 25, 1938, ch. 685, §8, 52 Stat. 1167; Pub. L. 92–576, §20(b), Oct. 27, 1972, 86 Stat. 1264; Pub. L. 95–598, title III, §324, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 98–426, §14, Sept. 28, 1984, 98 Stat. 1649.)
Editorial Notes
Editorial Notes
Amendments
1984—Pub. L. 98–426 struck out "(b)" before "Where a trust fund which complies", substituted "covered under this chapter" for "entitled to compensation under this chapter", and substituted "this chapter or under a settlement, the Secretary shall authorize" for "this chapter, the Secretary may authorize".
1978—Subsec. (a). Pub. L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of such carrier or employer, or both upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both.
1972—Pub. L. 92–576 designated existing provisions as subsec. (a) and added subsec. (b).
1938—Act June 25, 1938, amended section generally. Prior to amendment, section read as follows: "Compensation shall have the same preference of lien against the assets of the carrier or employer without limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise".
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
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.
Amendments
1984—Pub. L. 98–426 struck out "(b)" before "Where a trust fund which complies", substituted "covered under this chapter" for "entitled to compensation under this chapter", and substituted "this chapter or under a settlement, the Secretary shall authorize" for "this chapter, the Secretary may authorize".
1978—Subsec. (a). Pub. L. 95–598 repealed provision for lien of person entitled to compensation without limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of such carrier or employer, or both upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both.
1972—Pub. L. 92–576 designated existing provisions as subsec. (a) and added subsec. (b).
1938—Act June 25, 1938, amended section generally. Prior to amendment, section read as follows: "Compensation shall have the same preference of lien against the assets of the carrier or employer without limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise".
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, and applicable both with respect to claims filed after such date and to claims pending on such date, see section 28(a) of Pub. L. 98–426, set out as a note under section 901 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
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.
Cite This Page — Counsel Stack
Bluebook (online)
33 U.S.C. § 917, Counsel Stack Legal Research, https://law.counselstack.com/usc/33/917.