33 U.S.C. § 935

Substitution of carrier for employer

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In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the Secretary shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect to such liability, imposed by this chapter upon the employer, as it considers proper in order to effectuate the provisions of this chapter. For such purposes (1) notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier, (2) jurisdiction of the employer by a deputy commissioner, the Board, or the Secretary, or any court under this chapter shall be jurisdiction of the carrier, and (3) any requirement by a deputy commissioner, the Board, or the Secretary, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.

Notes of Decisions

Cited in 17 cases, 1955–2012 · leading case: Texas Employers' Ins. Ass'n v. Leroy Jackson, 820 F.2d 1406 (5th Cir. 1987).

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Texas Employers' Ins. Ass'n v. Leroy Jackson, 820 F.2d 1406 (5th Cir. 1987). · cites it 3× “See 33 U.S.C. § 935 ; 20 C.F.R. § 703.115 . We further believe that the Supreme Court’s 1985 decision in Lueck effectively refutes the reasoning behind the Martin decision.”

Dir., Off. of Workers' Comp. Programs v. Nat'l Van Lines, Inc., 613 F.2d 972 (D.C. Cir. 1979). · cites it 2× “He argues that by operation of 33 U.S.C. § 935 (1976) 45 the Maryland Casualty policy may *252 be construed as covering all workmen’s compensation liability of Eureka, under the law of any jurisdiction.”

Albert Johnson v. Am. Mut. Liab. Ins. Co., 559 F.2d 382 (5th Cir. 1977). “A judgment against the employer is, in effect, a judgment against the carrier, 33 U.S.C.A. § 935 . A lien against the assets *390 of the employer is a lien against the assets of the carrier.”

Texas Employers Ins. Ass'n v. Jackson, 618 F. Supp. 1316 (E.D. Tex. 1985). · cites it 2× “33 U.S.C. § 935 . 5 . 33 U.S.C. § 939 . 6 .”

Brink v. Xe Holding, LLC, 910 F. Supp. 2d 242 (D.D.C. 2012). “See 33 U.S.C. § 935 ; 20 C.F.R. § 703.115 . The District Director must be notified when payments commence and if payment is suspended for any reason.”

The Travelers Ins. Co. v. Mrs. Mary Marshall, Dir., Off. of Workers' Comp. Programs, U. S. Dep't of Labor, 634 F.2d 843 (5th Cir. 1981). “It is inappropriate to assume that Congress simultaneously wished to provide for enhanced benefits, yet saw fit to assign liability therefor to those incapable of providing their own risk insurance.”

St. Paul Travelers Companies, Inc. v. Corn Island Shipyard, Inc., 437 F. Supp. 2d 837 (S.D. Ind. 2006). “33 U.S.C. § 935 (emphasis added). The statute governs mechanisms by which an employer may formally notify the U.”

B.S. Costello, Inc. v. Meagher, 867 F.2d 722 (1st Cir. 1989). · cites it 2× “See 33 U.S.C. § 935 . Neither is the statute’s plain language inconsistent with Congress’s asserted legislative purpose.”

St. Paul Travelers Companies, Inc. v. Corn Island Shipyard, Inc., 495 F.3d 376 (7th Cir. 2007). · cites it 2× “33 U.S.C. § 935 . Under New York law, however, “compliance with the notice provisions of an insurance contract is a condition precedent to an insurer’s liability.”

Warner Coal Co. v. Dir., Off. of Workers' Comp. Programs, 804 F.2d 346 (6th Cir. 1986). “For example, 33 U.S.C. § 935 (1982) establishes the general framework for the substitution of the carrier for the employer.”

Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Cooper Assocs., Inc., 607 F.2d 1385 (D.C. Cir. 1979). · cites it 2× “9 Second, the Board stated that under section 35 of the Compensation Act, 33 U.S.C. § 935 (1977), “notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier [insurer] .”

Overseas African Constr. Corp. v. McMullen, 500 F.2d 1291 (2d Cir. 1974). “§ 1651 (a) (4), 12 or to pass upon the claim of the claimant’s estate that, because the employer appeared and conceded jurisdiction and under 33 U.S.C. § 935 the jurisdiction of the employer “shall be jurisdiction of the carrier,” the concession of the employer is ipso facto the…”

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