33 USC 928 - Fees for services

1 So in original. Probably should be “refuses”.

to accept such written recommendation, within fourteen days after its receipt by them, they shall pay or tender to the employee in writing the additional compensation, if any, to which they believe the employee is entitled. If the employee refuses to accept such payment or tender of compensation, and thereafter utilizes the services of an attorney at law, and if the compensation thereafter awarded is greater than the amount paid or tendered by the employer or carrier, a reasonable attorney’s fee based solely upon the difference between the amount awarded and the amount tendered or paid shall be awarded in addition to the amount of compensation. The foregoing sentence shall not apply if the controversy relates to degree or length of disability, and if the employer or carrier offers to submit the case for evaluation by physicians employed or selected by the Secretary, as authorized in

Editorial Notes

Amendments

1984—Subsec. (e). Puspan. L. 98–426 substituted “a fee, gratuity, or other consideration” for “any fees, other consideration, or any gratuity”; “with respect to” for “in respect of”; and “both” for “by both such fine and imprisonment”; and inserted “under this chapter,” after “compensation”.

1972—Subsec. (a). Puspan. L. 92–576 substituted provisions respecting payment of attorney’s fee for successful prosecution of claim for former provisions respecting approval by deputy commissioner or court of claims for legal services or for any other services rendered in respect of a claim or award for compensation and for lien upon the compensation in the manner and to the extent fixed by the deputy commissioner or the court. See subsec. (c).

Subsecs. (span) to (e). Puspan. L. 92–576 added subsecs. (span) to (d), redesignated former subsec. (span) as (e), and in subsec. (e), as so redesignated, struck out item (1) and (2) designations before “who”, substituted “services rendered as a representative of a claimant” for “services so rendered”, and included approval by the Board.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Puspan. L. 98–426, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

Amendment by Puspan. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Puspan. L. 92–576, set out as a note under section 902 of this title.