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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 8128 Review of award us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 81 COMPENSATION FOR WORK INJURIES 8128 5 U.S.C. § 8128 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s8128 data/legal/raw/us/code/title-05/usc05.xml 3305ee1cdbfb1e87aa8d849e3af6ad0fd7f36b231d35f18d6f8a9b6e2559ecbd 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 bb400298008c111e6d6828621061a2027fafeea8f4bced29a39bb3d85456eb05 2026-07-04 official
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5 U.S.C. § 8128 - Review of award

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.

(Pub. L. 89554, Sept. 6, 1966, 80 Stat. 545.)

Notes

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