
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8128]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8128. Review of award

    (a) The Secretary of Labor may review an award for or against 
payment of compensation at any time on his own motion or on application. 
The Secretary, in accordance with the facts found on review, may--
        (1) end, decrease, or increase the compensation previously 
    awarded; or
        (2) award compensation previously refused or discontinued.

    (b) The action of the Secretary or his designee in allowing or 
denying a payment under this subchapter is--
        (1) final and conclusive for all purposes and with respect to 
    all questions of law and fact; and
        (2) not subject to review by another official of the United 
    States or by a court by mandamus or otherwise.

Credit shall be allowed in the accounts of a certifying or disbursing 
official for payment in accordance with that action.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 787.                 Sept. 7, 1916, ch.
                                                    458, Sec.  37, 39
                                                    Stat. 749.
                     ............................  June 5, 1924, ch.
                                                    261, Sec.  1, 43
                                                    Stat. 389.
(b)................  5 U.S.C. 793 (penultimate     July 28, 1945, ch.
                      sentence of 5th par.).        328, Sec.  4
                                                    (penultimate
                                                    sentence), 59 Stat.
                                                    504.
------------------------------------------------------------------------

    In subsection (a), the words ``If the original claim for 
compensation has been made within the time specified in section 770 of 
this title'' are omitted as surplusage. The words ``an award for or 
against payment of compensation'' are coextensive with and, for clarity 
and consistency with section 8124, substituted for ``the award''. The 
second sentence of former section 787 is omitted as included in the 
penultimate sentence of former section 793, which is carried into 
subsection (b). The last sentence of former section 787 is omitted as 
executed.
    In subsection (b), the word ``official'' is substituted for 
``officer'' because of the definition of ``officer'' in section 2104 
which excludes a member of a uniformed service.
    Administration of this subchapter was transferred to the Secretary 
of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see 
section 8145).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface of the report.

                  Section Referred to in Other Sections

    This section is referred to in sections 8113, 8124, 8146 of this 
title.
