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behalf commutation is sought, as well as the date upon which such commutation shall be effective.**
31.17 Same; aliens not residents or about to become nonresidents. Applications under section 9 (g) of said Act (44 Stat. 1430; 33 U.S.C. 909 (g)) for commutation of future payments of compensation awarded to aliens not residents (or about to become nonresidents) of the United States or Canada shall be made to the deputy commissioner, who shall in turn transmit such application promptly to the Commission. Such commutation shall be made as of the date such application is received by the deputy commissioner, or such later date as the application may show to be proper. No such commutation shall be made with respect to a person journeying abroad for a visit who has previously declared a definite intention to return and has stated a time for returning. No such commutation shall be made except upon the basis of a compensation order fixing the right of the beneficiary to compensation.**
31.18 Compensation from special fund in cases of permanent disability. In any case in which an employee receives an injury which would of itself cause only permanent partial disability, but which when combined with disability resulting from a previous unrelated injury does in fact cause permanent total disability or disability less than permanent total so that the case would be one within the purview of section 8 (f) of said Act (44 Stat. 1429; 33 U. S. 908 (f)), the deputy commissioner shall in a compensation order find separately the facts relating to each injury and shall find the extent of the employee's disability resulting from each injury and shall make an award against the employer only for the results of the subsequent injury. Upon the cessation of payments of compensation for such disability, the case, if one involving permanent total disability, shall be transmitted to the Commission for consideration of an award by it out of the special fund established in section 44 of said Act (44 Stat. 1444; 33 U.S.C. 944). The deputy commissioner will not make an award of compensation to be paid from the special fund. Awards from the special fund will not be made in cases in which an injury increases or aggravates disability due to disease, congenital defects or causes other than a prior injury; in such cases the employer is liable for compensa
r; tion for all of such increased or aggravated disability, and the deputy commissioner will make his award accordingly.*+
31.19 Maintenance for employees undergoing vocational rehabilitation. Awards of additional compensation for the purpose of maintenance of an employee undergoing vocational training at the direction of the Commission, under the provisions of section 8 (g) (44 Stat. 1429; 33 U.S.C. 908 (g)) and section 39 (c) of said Act (44 Stat. 1443; 33 U.S.C. 939 (c)), shall be made only by the Commission. For this purpose the Commission may require investigations by the deputy commissioner with respect to any case and the recommendation of the deputy commissioner as to the propriety and need for such maintenance.**
31.20 Representatives of parties in interest and fees for services. (a) Any party in interest, whether claimant, employer or insurance carrier, may be represented before the deputy commissioner by any person previously authorized in writing for such purpose. Any attorney in good standing, admitted to the Bar of the State where the compensation proceeding is held may when so authorized appear as attorney in respect of a claim under said Act. For good cause shown, the deputy commissioner may, after opportunity to be heard and subject to the approval of the Commission, bar any such representative from further appearance before him in any such proceeding.
**For statutory and source citations, see note to § 31.1.
Page 43 **For statutory and source citations, see note to 8 31.1.
(b) No claim for legal or other services rendered in respect of a claim or award for compensation, to or on account of any person,
shall be valid unless approved by the deputy commissioner, and any claim so approved shall, in the manner and to the extent fixed by the deputy commissioner, be a lien upon such compensation. No contract for a stipulated fee or for a fee on a contingent basis will be recognized by the deputy commissioner, and no fee for services shall be approved except upon an application to the deputy commissioner supported by a sufficient statement of the extent and character of the necessary work done on behalf of the claimant. Except where the claimant has been advised that such representation will be rendered gratuitously, the fee approved by the deputy commissioner shall be reasonably commensurate with the actual necessary work performed by such representative, taking into account the capacity in which the representative has appeared, the amount of compensation involved and the circumstances of the claimant.
(c) Any person (1) who receives any fee, other consideration, or any gratuity on account of services so rendered, other than the fee approved by the deputy commissioner, or (2) who makes it a business to solicit employment for another person or for himself in respect of any claim or award for compensation may be certified to the United States attorney for prosecution under section 28 (b) of said Act (44 Stat. 1438; 33 U.S.C. 928 (b)).**
31.21 Availability of records for inspection. Any party in interest may be permitted to examine the record of the case in which he is interested. The deputy commissioner, however, shall be the judge of the reasonableness of any such request and may in his discretion deny inspection of any such record or part thereof which in his opinion may result in damage or harm to the beneficiary or to any other person, or which may be inimical to the interests of the Commission or of the United States. The original record in any such case shall not be removed from the office of the deputy commissioner for such inspection.**
31.22 Employer's record of injury or death. Every employer shall keep a record in respect of any injury to an employee. The record shall contain information of disease, other disability, or death in respect of such injury and shall be available to inspection by the Commission or by any State authority.** (Sec. 29, 44 Stat. 1438; 33 U.S.C. 929)
31.23 Transfer of cases. After a compensation order has issued in any case the deputy commissioner, with the approval of the Commission, may transfer a case to any other deputy commissioner for the purpose of taking testimony or making physical examinations.* * Page 44
31.24 Assessment of civil penalties. In any case under said Act in which a civil penalty is provided for in which it should appear that there has been a failure to perform a statutory obligation, for which failure the said Act subjects an employer or carrier to the imposition of a civil penalty, the deputy commissioner shall make full report to the Commission of the facts relating to such apparent failure and shall therein make his recommendation as to the assessment of such penalty. The Commission upon ascertaining that there has been such failure will call upon the offending employer or carrier to show cause, within a reasonable time stated, why such civil penalty should not be assessed by the Commission.**
PART 32—AUTHORIZATION OF INSURANCE CARRIERS
Sec. 32.1 Types of companies which may 32.10 Other forms of endorsement and be authorized by the Commission.
policies. 322 Applications for authority to write 32.11 Submission of new forms of pol
insurance; how filed; evidence icies for approval; other endorseto be submitted; other require
32.12 Term of policies. 32.3 Stock companies holding Treasury 32.13 Marine insurance contracts, certificates of authority.
32.14 Notice of cancelation. 32.4 Applicants currently authorized 32.15 Discharge by the carrier of oblito write insurance under the Dis
gations and duties of employer. trict of Columbia workmen's 32.16 Report by carrier of issuance of compensation law.
policy or endorsement; form. 32.5 Copies of forms of policies to be 32.17 Report; by whom sent.
submitted with application. 32.18 Agreement to be bound by card 32.6 Certificate of authority to write report. insurance.
32.19 Report by employer operating 32.7 Period of certificate of authority. temporarily in another compensa32.8 Applications for reauthorization.
tion district. 32.9 Longshoremen's endorsement. 32.20 Name of one employer only shall
be reported on one card.
Section 32.1 Types of companies which may be authorized by the Commission. The Commission will consider for the granting of authority to write insurance under the Longshoremen's and Harbor Workers Compensation Act (44 Stat. 1424; 33 U.S.C. Chapter 18) the application of any stock company, mutual company or association, or any other person or fund, while authorized under the laws of the United States or of any State to insure workmen's compensation. The term “carrier" as used in this part means any person or fund duly authorized to insure workmen's compensation benefits under said Act.**
*88 32.1 to 32.20, inclusive, issued under the authority contained in sec. 39, 44 Stat. 1442; 33 U.S.C. 939.
In $8 32.1 to 32.20, inclusive, the numbers correspond with the respective section numbers in the Regulations under the Longshoremen's and Harbor Workers' Compensation Act, United States Employees' Compensation Commission, effective May 31, 1938.
32.2 Applications for authority to write insurance; how filed; evidence to be submitted; other requirements. An application for authority to write insurance under this Act shall be made in writing, signed by the principal officer of the applicant duly authorized to make such application, and transmitted to the United States **For statutory and source citations, see note to § 31.1.
Employees' Compensation Commission. Such application shall be accompanied by full and complete information regarding the history and experience of such applicant in the writing of workmen's compensation insurance, together with evidence that it has authority in its charter or form of organization to write such insurance, and evidence that the applicant is currently authorized to insure workmen's compensation liability under the Laws of the United States or of any State. The statements of fact in each application and in the supporting evidence shall be verified by the oath of the officer of the applicant who signs such application. Each applicant shall state in its application the places at which it intends to do business. In connection with any such application the following shall be submitted, the Commission reserving the right to call for such additional information as it may deem necessary in any particular case:
(a) A copy of the last annual report made by the applicant to the insurance department or other authority of the State in which it is incorporated, or to the insurance department of the State of New York, or the State in which its principal business is done.
(b) A certified copy from the proper State authorities of the paper purporting to show the action taken upon such report, or such other evidence as the applicant may care to submit in respect of such report, which may obviate delay incident to an inquiry by the Commission of the State authorities relative to the standing and responsibility of the applicant.
(c) If not otherwise shown, the applicant shall furnish a full and complete statement of its financial condition, and, if a stock company,
a shall show specifically its capital stock and surplus.
(d) A copy of its charter or other formal outline of its organization, its rules, its by-laws, and other documents, writings, or agreements by and under which it does business, and such other evidence as it may deem proper to make a full exposition of its affairs and financial condition. f
32.3 Stock companies holding Treasury certificates of authorityA stock company furnishing evidence that it is authorized to write workmen's compensation insurance under the laws of the United States or of any State, which holds a certificate of authority from the Secretary of the Treasury as an acceptable surety on Federal bonds, unless requested to do so, need not transmit to the Commission with its application copies of such financial reports as are on file in the Department of the Treasury. The acceptance by said Department of such a company will be considered by the Commission in conjunction with the application of such company provided there has been compliance with the other requirements of the regulations in this subchapter.**
CBOSS REFERENCE: For regulations of the Department of the Treasury prescribing surety companies acceptable on Federal bonds, see 31 CFR Part 226.
32.4 Applicants currently authorized to write insurance under the District of Columbia workmen's compensation law. Any applicant currently authorized by the Commission to write insurance under the District of Columbia workmen's compensation law (45 Stat. 600; 19 D. C. Code 11, 12) need not support its application with the evidence required by the regulations in this subchapter, except the Page 46
**For statutory and source citations, see note to $ 32.1. For attachment to Policy No.
form of policy and endorsement which it proposes to use, unless specifically requested by the Commission, but instead its application may refer to the fact that it has been so authorized.**
32.5 Copies of forms of policies to be submitted with application. With each application for authority to write insurance there shall be submitted for the approval of the Commission copies of the forms of policies which the applicant proposes to issue in writing insurance under the Longshoremen's Act, to which shall be attached the Longshoremen's endorsement to be used in connection therewith as provided for in § 32.9.**
32.6 Certificate of authority to write insurance. No corporation, company, association, person, or fund shall write insurance under said Act without first having received from the Commission a certificate of authority to write such insurance. Any such certificate issued by the Commission, after application therefor as provided by these regulations, may authorize the applicant to write such insurance in a limited territory as determined by the Commission. The Commission may suspend or revoke any such certificate prior to its expiration, for good cause shown, after a hearing if applied for or deemed necessary, but no suspension or revocation shall affect the liability of any carrier already incurred.* *
32.7 Period of certificate of authority. No certificate of authority to write insurance under said Act and the regulations in this subchapter shall be issued by the Commission for a period in excess of 18 months and the expiration date thereof, which shall be stated in the certificate of authority, shall fall on the 30th day of June.**
32.8 Applications for reauthorization. Any carrier holding an unexpired certificate of authority and desiring reauthorization to write insurance for the period of a year from the expiration of such certificate shall apply to the Commission by letter over the signature of its principal officer for such a certificate of authority. No evidence of the financial condition of such carrier need be furnished with such application unless requested by the Commission after the application is received. The Commission may require such carrier to submit for the Commission's consideration in connection with such reauthorization evidence or explanation relating to the experience and practice of such carrier in the conduct of its affairs with respect to the said Act or with reference to the fidelity and punctuality of the performance by such carrier of its past or current obligations under the law. Such application, to avoid break in the period of authorization of the carrier to write such insurance, should be filed with the Commission not later than June 1 of each year.**
32.9 Longshoremen's endorsement. (a) The following form of endorsement applicable to the standard workmen's compensation and employer's liability policy, shall be used with the form of policy approved by the Commission for use by an authorized carrier:
The obligations of paragraph one (a) of the Policy include the Longshoremen's and Harbor Workers' Compensation Act, being Public Act No. 803 of the 69th Congress, approved March 4, 1927, and all laws amendatory thereof
**For statutory and source citations, see note to $ 32.1.