33 U.S.C. § 923

Procedure before deputy commissioner or Board

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(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.(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 NotesAmendments

1984—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 SubsidiariesEffective 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.

Notes of Decisions

Cited in 42 cases (1 in the last 5 years), 1930–2023 · leading case: Dir., Off. of Workers' Comp. Programs v. Greenwich Collieries, 512 U.S. 267 (1994).

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Dir., Off. of Workers' Comp. Programs v. Greenwich Collieries, 512 U.S. 267 (1994). “” 33 U. S. C. § 923 (a). But the assignment of the burden of proof is a rule of substantive law, American Dredging Co.”

Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). · cites it 4× “Plaintiffs claim that this section violates 33 U.S.C. §§ 923 , 928, the BLBA. 30 U.S.”

Pool Co. v. Otis L Cooper, 274 F.3d 173 (5th Cir. 2001). “15-2 (1976)); see also 33 U.S.C. § 923 (“In ... conducting a hearing the deputy commission or [BRB] shall not be bound by .”

Avondale Shipyards, Inc. v. Billy R. Vinson, & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 623 F.2d 1117 (5th Cir. 1980). “33 U.S.C. § 923 (a) (1978) provides as follows: § 923.”

Cipollone v. Liggett Grp., Inc., 593 F. Supp. 1146 (D.N.J. 1984). “§ 4116 (f); 33 U.S.C. § 923 (a); 42 U.S.C. § 1988 (state common law procedures may be used in criminal cases to the extent consistent with the Constitution and laws of the United States).”

Metro. Stevedore Co. v. Wesley Brickner Dir., Off. of Workers Comp. Programs, 11 F.3d 887 (9th Cir. 1993). “33 U.S.C. § 923 (a) (deputy commissioners and Board shall not be bound by formal rules of procedure and evidence).”

Tampa Ship Repair & Dry Dock Co., Inc. v. Dir., Off. of Workers' Comp. Programs, & James M. Duran, 535 F.2d 936 (5th Cir. 1976). “It was not improper to admit the testimony of Dr. Rubio. Finally, Tampa contends that psychological disabilities (especially conversion reactions which depend upon substantial predisposition to this kind of neurosis), should not be considered recoverable injuries under the Act.”

Am. Coal Co. & Energy Mut. Ins. Co. v. Benefits Review Bd., United States Dep't of Labor, 738 F.2d 387 (10th Cir. 1984). “§ 932 (a), incorporates by reference section 23(a) of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 923 (a), which precludes mandatory application of “common law or statutory rules of evidence or .”

Am. Med. Ass'n v. United States, 130 F.2d 233 (D.C. Cir. 1942). “§ 923(a): “In making an investigation or inquiry or conducting a hearing the deputy commissioner 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 Act [chapter]; but may make such…”

Strachan Shipping Co. & Texas Employers' Ins. Ass'n v. R. J. Shea, Deputy Comm'r, 406 F.2d 521 (5th Cir. 1969). “33 U.S.C. § 923 . In addition, certain presumptions, not elsewhere indulged, are recognized in a hearing brought in accordance with the Longshoremen’s and Harbor Workers’ Compensation Act.”

Bethlehem Shipbuilding Corp. v. Cardillo, 102 F.2d 299 (1st Cir. 1939). “923 , 33 U.S.C.A. § 923 (a), it is provided: “In making an investigation or inquiry or conducting a hearing the deputy commissioner 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 Act…”

Kwasizur v. Cardillo, 175 F.2d 235 (3rd Cir. 1949). “33 U.S.C.A. § 923 . But presumably that direction does not mean a substitution of gossip for observation.”

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— 33 U.S.C. § 923(a) — 3 cases

Associated Gen. Contractors of Am., Inc. v. Cardillo, 106 F.2d 327 (D.C. Cir. 1939).

Wilson & Co. v. Locke, 50 F.2d 81 (2d Cir. 1931).

— 33 U.S.C. § 923(b) — 1 case

Wilson & Co. v. Locke, 50 F.2d 81 (2d Cir. 1931).

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