42 U.S.C. § 1653

Compensation districts; judicial proceedings

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(a) The Secretary of Labor is authorized to extend compensation districts established under the Longshore and Harbor Workers’ Compensation Act, approved March 4, 1927 (44 Stat. 1424) [33 U.S.C. 901 et seq.], or to establish new compensation districts, to include any area to which this chapter applies; and to assign to each such district one or more deputy commissioners, as the Secretary may deem necessary.(b) Judicial proceedings provided under sections 18 and 21 of the Longshore and Harbor Workers’ Compensation Act [33 U.S.C. 918, 921] in respect to a compensation order made pursuant to this chapter shall be instituted in the United States district court of the judicial district wherein is located the office of the deputy commissioner whose compensation order is involved if his office is located in a judicial district, and if not so located, such judicial proceedings shall be instituted in the judicial district nearest the base at which the injury or death occurs.(Aug. 16, 1941, ch. 357, § 3, 55 Stat. 623; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654.)Editorial NotesReferences in Text

The Longshore and Harbor Workers’ Compensation Act, referred to in text, is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables.

Amendments

1984—Subsecs. (a), (b). Pub. L. 98–426 substituted “Longshore and Harbor Workers’ Compensation Act” for “Longshoremen’s and Harbor Workers’ Compensation Act”.

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 Title 33, Navigation and Navigable Waters.

Executive DocumentsTransfer of Functions

“Secretary of Labor” and “Secretary” substituted for “Federal Security Administrator” and “Administrator”, respectively, in subsec. (a), pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred functions of Federal Security Administrator to Secretary of Labor.

Previously, “Federal Security Administrator” and “Administrator” substituted for “United States Employees’ Compensation Commission” and “Commission” pursuant to Reorg. Plan No. 2 of 1946, § 3, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, which abolished United States Employees’ Compensation Commission and transferred its functions to Federal Security Administrator.

Notes of Decisions

Cited in 30 cases (3 in the last 5 years), 1946–2026 · leading case: Serv. Employees Int'l, Inc. v. Dir., Off. of Workers Comp. Prog., 595 F.3d 447 (2d Cir. 2010).

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Serv. Employees Int'l, Inc. v. Dir., Off. of Workers Comp. Prog., 595 F.3d 447 (2d Cir. 2010). · cites it 10× “42 U.S.C. § 1653 (b). In 1972, Congress enacted § 21(c) of the LHWCA in its current form, providing for initial review of compensation claims in a newly created administrative board (the Benefits Review Board) and for judicial review in the courts of appeals: "Any person…”

Global Linguist Solutions, LLC v. Abdulraouf Abdelmeged, 913 F.3d 921 (9th Cir. 2019). · cites it 4× “See 42 U.S.C. § 1653 (b); 20 C.F.R. § 702.105 .”

The Home Indem. Co. v. Barbara A. Stillwell, R. E. Lee Elec. Co., Heyl & Patterson Int'l, Inc., Travelers Ins. Co., 597 F.2d 87 (6th Cir. 1979). · cites it 5× “42 U.S.C. § 1653 (b) governs judicial review of compensation orders under the Defense Base Act and provides: Judicial proceedings provided under sections 18 and 21 of the Longshoremen’s and Harbor Workers’ Compensation Act in respect to a compensation order made pursuant to this…”

Itt Base Servs. & Ina/cigna v. Whit L. Hickson & Dir., Off. of Workers' Comp. Programs, 155 F.3d 1272 (11th Cir. 1998). · cites it 4× “” 42 U.S.C. § 1653 (b). In 1972, Congress amended the judicial review provision of the LHWCA.”

AFIA/CIGNA Worldwide v. Felkner, 930 F.2d 1111 (5th Cir. 1991). · cites it 7× “Purporting to comply with section 3(b) of the DBA, 42 U.S.C. § 1653 (b) (1982), AFIA/CIGNA sought judicial review of the deputy commissioner’s order by filing suit in the United States District Court for the Southern District of Texas 1 to set aside the compensation order.”

Sickle v. Torres Advanced Enter. Solutions, LLC, 17 F. Supp. 3d 10 (D.D.C. 2013). · cites it 4× “C §§ 921(c)&emdash;(d); 42 U.S.C. § 1653 (b). If Plaintiffs had taken advantage of the process that the applicable regulations afford, a DOL district director would have been required to investigate their retaliation complaints and to make a recommendation as to the appropriate…”

Raymond Lee v. The Boeing Co., Inc. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 123 F.3d 801 (4th Cir. 1997). · cites it 2× “42 U.S.C.A. § 1653 (b) (first alteration in original) (emphasis added).”

Hice v. Dir., Off. of Workers' Comp. Programs, 156 F.3d 214 (D.C. Cir. 1998). · cites it 3× “Because nothing in the Longshore Act provided for either the filing of claims or the appeal of benefits determinations for injuries occurring outside of the country, section 3 of the Defense Base Act (1) authorized the Secretary of Labor to create compensation districts for all…”

Truczinskas v. Dir., Off. of Workers' Comp. Programs, 699 F.3d 672 (1st Cir. 2012). “But because the harms under the DBA would in many cases occur outside the United States where no district court had jurisdiction, the DBA provided that judicial review of DBA awards should commence “in the United States district court of the judicial district wherein is located…”

Pearce v. Dir., Off. of Workers' Comp. Programs, 603 F.2d 763 (9th Cir. 1979). · cites it 3× “§ 3, 42 U.S.C. § 1653 (b) (emphasis added). It turned out that all of the deputy commissioners had offices within judicial districts, and so all appeals in Defense Base Act cases were initially heard in the district courts where the deputy commissioners in question had their…”

David Vega-Mena v. United States, 990 F.2d 684 (1st Cir. 1993). “See 42 U.S.C. § 1653 ; 33 U.S.C. § 939 ; 20 C.”

Brink v. Xe Holding, LLC, 910 F. Supp. 2d 242 (D.D.C. 2012). “391-394 (“Appeals”); see also 42 U.S.C. § 1653 (b). An employee who successfully prosecutes a controverted claim is entitled to attorneys’ fees.”

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