(a) Upon his/her own initiative, or upon application of any party in
interest (including an employer or carrier which has been granted relief
under section 8(f) of the Act, 33 U.S.C. 908(f)), the district director
may review any compensation case (including a case under which payments
are made pursuant to section 44(i) of the Act, 33 U.S.C. 944(i)) in
accordance with the procedure in subpart C of this part, and after such
review of the case under Sec. 702.315, or review at formal hearings
under the regulations governing formal hearings in subpart C of this
part, file a new compensation order terminating, continuing,
reinstating, increasing or decreasing such compensation, or awarding
compensation. Such new order shall not affect any compensation
previously paid, except that an award increasing the compensation rate
may be made retroactive from the date of injury, and if any part of the
compensation due or to become due is unpaid, an award decreasing the
compensation rate may be made effective from the date of the injury, and
any payment made prior thereto in excess of such decreased rate shall be
deducted from any unpaid compensation, in such manner and by such method
as may be determined by the district director or the administrative law
judge. Settlements cannot be modified.
(b) Review of a compensation case under this section may be made at
any time prior to 1 year after the date of the last payment of
compensation, whether or not a compensation order has been issued, or at
any time prior to 1 year after the rejection of a claim.
(c) Review of a compensation case may be had only for the reason
that there is a change in conditions or that there was a mistake in the
determination of facts.
(d) If the investigation, described in Sec. 702.148(c), discloses a
change in conditions and the employer or insurance carrier intends to
pursue modification of the award of compensation the district director
and claimant shall be notified through an informal conference. At the
conclusion of the informal conference the district director shall issue
a recommendation either for or against the modification. This
recommendation shall also be sent to the Associate Director, Division of
Longshoremen's and Harbor Workers' Compensation (DLHWC) for a
determination on whether or not to participate in the modification
proceeding on behalf of the special fund. Lack of concurrence of the
Associate Director, DLHWC or lack of participation by a representative
of the special fund shall not be a bar to the modification proceeding.
[38 FR 26861, Sept. 26, 1973, as amended at 50 FR 401, Jan. 3, 1985]
