2016 US Code
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

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Citation 5 U.S.C. § 8128 (2016)
Section Name §8128. Review of award
Section Text

(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 payments in accordance with that action.

Source Credit

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

Editorial Notes
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes and

Statutes at Large

(a) 5 U.S.C. 787. Sept. 7, 1916, ch. 458, §37, 39 Stat. 749.
  June 5, 1924, ch. 261, §1, 43 Stat. 389.
(b) 5 U.S.C. 793 (penultimate sentence of 5th par.). July 28, 1945, ch. 328, §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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within 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
Contains section 8128
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 39 Stat. 749
43 Stat. 389
59 Stat. 504
64 Stat. 1271
80 Stat. 545
Public Law References Public Law 89-554
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