Chapter 458. To provide compensation for employees of the United States suffering injuries while in the perfomance of their duties, and for other purposes
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CHAP. 458.— An Act To provide compensation for employees of the United States suffering injuries while in the perfomance of their duties, and for other purposes. September 7, 1916.[[H. R. 15316](/us/bill/64/hr/15316).][[Public, No. 267](/us/pl/64/267).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Government employees.Compensation for inuries in service. That the United States shall pay compensation as hereinafter specified for the disability or death 743of an employee resulting from a personal injury sustained while in in the performance of his duty, but no compensation shall be paidExceptions. if the injury or death is caused by the willful misconduct of the employee or by the employee’s intention to bring about the injury or death of himself or of another, or if intoxication of the injured employee is the proximate cause of the injury or death.
Sec. 2. That during the first three days of disability the employeeDays excluded. shall not be entitled to compensation except as provided in section nine. No compensation shall at any time be paid for such period. Sec. 3. That if the disability is total the United States shall payTotal disability.Computation of pay. to the disabled employee during such disability a monthly compensation equal to sixty-six and two-thirds per centum of his monthly pay, except as hereinafter provided.
Sec. 4. That if the disability is partial the United States shall payPartial disability.Computation of pay. to the disabled employee during such disability a monthly compensation equal to sixty-six and two-thirds per centum of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of such partial disability. The commission may,Affidavit required. from time to time, require a partially disabled employee to make an affidavit as to the wages which he is then receiving.
In such affidavit the employee shall include a statement of the value of housing, board, lodging, and other advantages which are received from the employer as a part of his remuneration and which can be estimated in money. If the employee, when required, fails to makeNo pay on failure to make. such affidavit, he shall not be entitled to any compensation while such failure continues, and the period of such failure shall be deducted from the period during which compensation is payable to him.
Sec. 5. That if a partially disabled employee refuses to seek suitableNo pay if refusing work. work or refuses or neglects to work after suitable work is offered to, procured by, or secured for him, he shall not be entitled to any compensation. Sec. 6. That the monthly compensation for total disability shallAllowance for total disability. not be more than $66.67 nor less than $33.33, unless the employee’s monthly pay is less than $33.33, in which case his monthly compensation shall be the full amount of his monthly pay.
The monthlyPartial. compensation for partial disability shall not be more than $66.67. In the case of persons who at the time of the injury were minors orTo minors and learners. employed in a learner’s capacity and who were not physically or mentally defective, the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity.
The commissionDecrease for old age. may, on any review after the time when the monthly wage-earning capacity of the disabled employee would probably, irrespective of the injury, have decreased on account of old age, award compensation based on such probable monthly wage-earning capacity. Sec. 7. That as long as the employee is in receipt of compensationOther pay, etc., restricted. under this Act, or, if he has been paid a lump sum in commutation of installment payments, until the expiration of the period during which such installment payments would have continued, he shall not receive from the United States any salary, pay, or remuneration whatsoever except in return for services actually performed, and except pensionsPensions excepted. for service in the Army or Navy of the United States.
Sec. 8. That if at the time the disability begins the employee hasTo use leave with pay first. annual or sick leave to his credit he may, subject to the approval of the head of the department, use such leave until it is exhausted, in which case his compensation shall begin on the fourth day of disability after the annual or sick leave has ceased. Sec. 9. That immediately after an injury sustained by an employeeImmediate medical, etc., assistance to be furnished. while in the performance of his duty, whether or not disability has arisen, and for a reasonable time thereafter, the United 744States shall furnish to such employee reasonable medical, surgical, and hospital services and supplies unless he refuses to accept them.
Such services and supplies shall be furnished by United States medical officers and hospitals, but where this is not practicable shall be furnished by private physicians and hospitals designated Transportation for treatment.or approved by the commission and paid for from the employees’ compensation fund. If necessary for the securing of proper medical, surgical, and hospital treatment, the employee, in the discretion of the commission, may be furnished transportation at the expense of the employees’ compensation fund.
Sec. 10. Allowances if death results. That if death results from the injury within six years the United States shall pay to the following persons for the following periods a monthly compensation equal to the following percentages of the deceased employee’s monthly pay, subject to the modification that no compensation shall be paid where the death takes place more than one year after the cessation of disability resulting from such injury, or, if there has been no disability preceding death, more than one year after the injury:
(A)Pay to beneficiaries.Widow. To the widow, if there is no child, thirty-five per centum. This compensation shall be paid until her death or marriage.
(B)Dependent widower. To the widower, if there is no child, thirty-five per centum if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or marriage.
(C)Parent with children. To the widow or widower, if there is a child, the compensation payable under clause
(A)or clause
(B)and in addition thereto ten per centum for each child, not to exceed a total of sixty-six and two-thirdsChild with other guardian. per centum for such widow or widower and children. If a child has a guardian other than the surviving widow or widower, the Termination of pay to child.compensation payable on account of such child shall be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen, or, if over eighteen, and incapable of self-support, becomes capable of self-support.
(D)Children without parent. To the children, if there is no widow or widower, twenty-five per centum for one child and ten per Termination.centum additional for each additional child, not to exceed a total of sixty-six and two-thirds per centum, divided among such children share and share alike. The compensation of each child shall be paid until he dies, marries, or reaches the age of eighteen, or, if over eighteen and incapable of self-support, becomes capable of self-support. The compensation of a child under legal age shall be paid to its guardian.
(E)Dependent parents. To the parents, if one is wholly dependent for support upon the deceased employee at the time of his death and the other is not dependent to any extent, twenty-five per centum; if both are wholly dependent, twenty per centum to each; if one is or both are partly dependent, a proportionate amount in the discretion of the commission. Conditions.If widow, widower, or child living.The above percentages shall be paid if there is no widow, widower, or child. If there is a widow, widower, or child, there shall be paid so much of the above percentages as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of sixty-six and two-thirds per centum.
(F)Other dependent relatives. To the brothers, sisters, grandparents, and grandchildren, if one is wholly dependent upon the deceased employee for support at the time of his death, twenty per centum to such dependent; if more than one are wholly dependent, thirty per centum, divided among such dependents share and share alike; if there is no one of them wholly dependent, but one or more partly dependent, ten per centum divided among such dependents share and share alike. 745 The above percentages shall be paid if there is no widow, widower,Conditions.If widow, etc., living. child, or dependent parent. If there is a widow, widower, child, or dependent parent, there shall be paid so much of the above percentages as, when added to the total percentage payable to the widow, widower, children, and dependent parents, will not exceed a total of sixty-six and two-thirds per centum.
(G)The compensation of each beneficiary under clauses
(E)andTermination of payments.
(F)shall be paid for a period of eight years from the time of the death, unless before that time he, if a parent or grandparent, dies, marries, or ceases to be dependent, or, if a brother, sister, or grandchild, dies, marries, or reaches the age of eighteen, or, if over eighteen and incapable of self-support, becomes capable of self-support. The compensation of a brother, sister, or grandchild under legal age shall be paid to his or her guardian.
(H)As used in this section, the term “child” includes stepchildren,Relationship construed. adopted children, and posthumous children, but does not include married children. The terms “brother ” and “sister ” include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters. All of the above terms and the term “grandchild” include only persons who at the time of the death of the deceased employee are under eighteen years of age or over that age and incapable of self-support. The term “parent” includes stepparents and parents by adoption. The term “widow” includes only the decedent’s wife living with or dependent for support upon him at the time of his death. The term “widower” includes only the decedent’s husband dependent for support upon her at the time of her death. The terms “adopted” and “adoption” as used in this clause include only legal adoption prior to the time of the injury.
(I)Upon the cessation of compensation under this section to orPay to remaining persons on allowance to others ceasing. on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compensation is payable shall be that which such persons would have received if they had been the only persons entitled to compensation at the time of the decedent’s death.
(J)In case there are two or more classes of persons entitled toModification of apportionment. compensation under this section and the apportionment of such compensation, above provided, would result in injustice, the commission may, in its discretion, modify the apportionment to meet the requirements of the case.
(K)In computing compensation under this section, the monthlyMonthly pay construed. pay shall be considered not to be more than $100 nor less than $50, but the total monthly compensation shall not exceed the monthly pay computed as provided in section twelve.
(L)If any person entitled to compensation under this section,Punishment for receiving pay after marriage. whose compensation by the terms of this section ceases upon his marriage, accepts any payments of compensation after his marriage he shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. Sec. 11. That if death results from the injury within six yearsBurial expenses allowed. the United States shall pay to the personal representative of the deceased employee burial expenses not to exceed $100, in the discretion of the commission. In the case of an employee whose home is within the United States, if his death occurs away from his home office or outside of the United States, and if so desired by his relatives, the body shall, in the discretion of the commission, be embalmed and transported in a hermetically sealed casket to the home of the employee. Such burial expenses shall not be paid and such transportation shall not be furnished where the death takes place more than one year after the cessation of disability resulting from 746such, injury, or, if there has been no disability preceding death, more than one year after the injury. Sec. 12. Computing employee’s monthly pay. That in computing the monthly pay the usual practice of the service in which the employee was employed shall be followed. Subsistence and the value of quarters furnished an employee shall be included as part of the pay, but overtime pay shall not be taken into account. Sec. 13. Wage-earning capacity if partially disabled. That in the determination of the employee’s monthly wage-earning capacity after the beginning of partial disability, the value of housing, board, lodging, and other advantages which are received from his employer as a part of his remuneration and which can be estimated in money shall be taken into account. Sec. 14. Lump sum commutations. That in cases of death or of permanent total or permanent partial disability, if the monthly payment to the beneficiary is less than $5 a month, or if the beneficiary is or is about to become a nonresident of the United States, or if the commission determines that it is for the best interests of the beneficiary, the liability of the United States for compensation to such beneficiary may be discharged by the payment of a lump sum equal to the present value of all future payments of compensation computed at four per centum true discountComputation. compounded annually. The probability of the beneficiary’s death before the expiration of the period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality; but in case of compensation to the widow or widower of the deceased employee, such lump sum shall not exceed sixty months’ compensation. The probability of the happening of any other contingency affecting the amount or duration of the compensation shall be disregarded. Sec. 15. Written notice of injury required. That every employee injured in the performance of his duty, or some one on his behalf, shall, within forty-eight hours after the injury, give written notice thereof to the immediate superior of the employee. Such notice shall be given by delivering it personally or by depositing it properly stamped and addressed in the mail. Sec. 16. Particulars. That the notice shall state the name and address of the employee, the year, month, day, and hour when and the particular locality where the injury occurred, and the cause and nature of the injury, and shall be signed by and contain the address of the person giving the notice. Sec. 17. No pay without notice. That unless notice is given within the time specified or unless the immediate superior has actual knowledge of the injury, no Exception.compensation shall be allowed, but for any reasonable cause shown, the commission may allow compensation if the notice is filed within one year after the injury. Sec. 18. Claim must be filed. That no compensation under this Act shall be allowed to any person, except as provided in section thirty-eight, unless he or some one on his behalf shall, within the time specified in section Delivery to Commission.twenty, make a written claim therefor. Such claim shall be made by delivering it at the office of the commission or to any commissioner or to any person whom the commission may by regulation designate, or by depositing it in the mail properly stamped and addressed to the commission or to any person whom the commission may by regulation designate. Sec. 19. Forms, etc. That every claim shall be made on forms to be furnished by the commission and shall contain all the information required by the commission. Each claim shall be sworn to by the person entitled to compensation or by the person acting on his behalf, and, except in case of death, shall be accompanied by a certificate of the employee’s physician stating the nature of the injury and the nature and probable extent of the disability. For any reasonable cause shown the commission may waive the provisions of this section. 747 Sec. 20. That all original claims for compensation for disabilityTime for making claims. shall be made within sixty days after the injury. All original claims for compensation for death shall be made within one year after the death. For any reasonable cause shown the commission may allow original claims for compensation for disability to be made at any time within one year. Sec. 21. That after the injury the employee shall, as frequentlyMedical examinations. and at such times and places as may be reasonably required, submit himself to examination by a medical officer of the United States or by a duly qualified physician designated or approved by the commission. The employee may have a duly qualified physician designated and paid by him present to participate in such examination. For all examinations after the first the employee shall, in the discretion of the commission, be paid his reasonable traveling and other expenses and loss of wages incurred in order to submit to such examination. If theSuspension of pay on refusal. employee refuses to submit himself for or in any way obstructs any examination, his right to claim compensation under this Act shall be suspended until such refusal or obstruction ceases. No compensation shall be payable while such refusal or obstruction continues, and the period of such refusal or obstruction shall be deducted from the period for which compensation is payable to him. Sec. 22. That in case of any disagreement between the physicianReexamination if physicians disagree. making an examination on the part of the United States and the employee’s physician the commission shall appoint a third physician, duly qualified, who shall make an examination. Sec. 23. That fees for examinations made on the part of the UnitedExamination fees. States under sections twenty-one and twenty-two by physicians who are not already in the service of the United States shall be fixed by the commission. Such fees, and any sum payable to the employee under section twenty-one, shall be paid out of the appropriation for the work of the commission. Sec. 24. That immediately after an injury to an employee resultingSuperior officer to report injury. in his death or in his probable disability, his immediate superior shall make a report to the commission containing such information as the commission may require, and shall thereafter make such supplementary reports as the commission may require. Sec. 25. That any assignment of a claim for compensation underAssignments void, etc. this Act shall be void and all compensation and claims therefor shall be exempt from all claims of creditors. Sec. 26. If an injury or death for which compensation is payableInjuries caused by other persons. under this Act is caused under circumstances creating a legal liability upon some person other than the United States to pay damages therefor, the commission may require the beneficiary to assign to theAction for damages to be assigned. United States any right of action he may have to enforce such liability of such other person or any right which he may have to share in any money or other property received in satisfaction of such liability of such other person, or the commission may require said beneficiary to prosecute said action in his own name. If the beneficiary shall refuse to make such assignment or to prosecuteNo pay if assignment refused. said action in his own name when required by the commission, he shall not be entitled to any compensation under this Act. The cause of action when assigned to the United States may beApplication of proceeds if action assigned. prosecuted or compromised by the commission, and if the commission realizes upon such cause of action, it shall apply the money or other property so received in the following manner: After deducting the amount of any compensation already paid to the beneficiary and the expenses of such realization or collection, which sum shall be placed to the credit of the employees’ compensation fund, the surplus, if any, shall be paid to the beneficiary and credited upon any future payments of compensation payable to him on account of the same injury. Sec. 27. That if an injury or death for which compensation is payableDamages received by employee from other party. under this Act is caused under circumstances creating a legal 748liability in some person other than the United States to pay damages Application if employee entitled to compensation.therefor, and a beneficiary entitled to compensation from the United States for such injury or death receives, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such beneficiary shall, after deducting the costs of suit and a reasonable attorney’s fee, apply the money or other property so received in the following manner:
(A)Refund of pay received. If his compensation has been paid in whole or in part, he shall refund to the United States the amount of compensation which has been paid by the United States and credit any surplus upon future payments of compensation payable to him on account of the same injury. Any amount so refunded to the United States shall be placed to the credit of the employees’ compensation fund.
(B)Credit to amount payable. If no compensation has been paid to him by the United States, he shall credit the money or other property so received upon any compensation payable to him by the United States on account of the same injury. Sec. 28. Employees’ Compensation Commission. That a commission is hereby created, to be known as the United States Employees’ Compensation Commission, and to be composed of three commissioners appointed by the President, by and Appointment, terms, etc.with the advice and consent of the Senate, one of whom shall be designated by the President as chairman. No commissioner shall hold any other office or position under the United States. No more than two of said commissioners shall be members of the same political party. One of said commissioners shall be appointed for a term of two years, one for a term of four years, and one for a term of six Salaries, office, etc.years, and at the expiration of each of said terms, the commissioner then appointed shall be appointed for a period of six years. Each commissioner shall receive a salary of $4,000 a year. The principal office of said commission shall be in Washington, District of Columbia, but the said commission is authorized to perform its work at any place deemed necessary by said commission, subject to the restrictions and limitations of this Act. Sec. 28a. Jurisdiction of all other offices, etc., transferred. Upon the organization of said commission and notification to the heads of all executive departments that the commission is ready to take up the work devolved upon it by this Act, all commissions and independent bureaus, by or in which payments for compensation are now provided, together with the adjustment and settlement of such claims, shall cease and determine, and such executive departments, commissions, and independent bureaus shall transfer all pending claims to said commission to be administered by Reports from employees.*Ante*, p. 747.it. The said commission may obtain, in all cases, in addition to the reports provided in section twenty-four, such information and such reports from employees of the departments as may be agreed upon by the commission and the heads of the respective departments. All clerks and employees now exclusively engaged in carrying on said work in the various executive departments, commissions, and independent bureaus, shall be transferred to, and become employees of, the commission at their present grades and salaries. Sec. 29. Transfer of clerks, etc. That the commission, or any commissioner by authority of the commission, shall have power to issue subpoenas for and compel the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the commission. Sec. 30. Office force, etc. That the commission shall have such assistants, clerks, and other employees as may be from time to time provided by Congress.Civil service appointees. They shall be appointed from lists of eligibles to be supplied by the Civil Service Commission, and in accordance with the civil, service law. 749 Sec. 31. That the commission shall submit annually to the SecretaryAnnual estimates. of the Treasury estimates of the appropriations necessary for the work of the commission. Sec. 32. That the commission is authorized to make necessaryRegulations, etc., to be made. rules and regulations for the enforcement of this Act, and shall decide all questions arising under this Act. Sec. 33. That the commission shall make to Congress at the beginningReport to Congress. of each regular session a report of its work for the preceding fiscal year, including a detailed statement of appropriations and expenditures, a detailed statement showing receipts of and expenditures from the employees’ compensation fund, and its recommendations for legislation. Sec. 34. That for the fiscal year ending June thirtieth, nineteen hundredAmount authorized for salaries and expenses.*Post*, p. 821. and seventeen, there is hereby authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $50,000 for the work of the commission, including salaries of the commissioners and of such assistants, clerks, and other employees as the commission may deem necessary, and for traveling expenses, expenses of medical examinations under sections twenty-one and*Ante*, p. 747. twenty-two, reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, rent and equipment of offices, purchase of books, stationery, and other supplies, printing and binding to be done at the Government Printing Office, and other necessary expenses. Sec. 35. That there is hereby authorized to be appropriated, fromAmount for employees’ compensation fund. any money in the Treasury not otherwise appropriated, the sum of $500,000, to be set aside as a separate fund m the Treasury, to be known as the employees’ compensation fund. To this fund there*Post*, p. 821. shall be added such sums as Congress may from time to time appropriate for the purpose. Such fund, including all additions that mayPermanent appropriation authorized. be made to it, is hereby authorized to be permanently appropriated for the payment of the compensation provided by this Act, including the medical, surgical, and hospital services and supplies provided by section nine, and the transportation and burial expenses provided by sections nine and eleven. The commission shall submit annually toAnnual estimates. the Secretary of the Treasury estimates of the appropriations necessary for the maintenance of the fund. Sec. 36. The commission, upon consideration of the claim presentedDetermination of claims. by the beneficiary, and the report furnished by the immediate superior and the completion of such investigation as it may deem necessary, shall determine and make a finding of facts thereon and make an award for or against payment of the compensation provided for in this Act. Compensation when awarded shall be paid from the employees’ compensationPayment. fund. Sec. 37. That if the original claim for compensation has been madeReview, etc., of awards.*Ante*, p. 747. within the time specified in section twenty, the commission may, at any time, on its own motion or on application, review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation. Sec. 38. That if any compensation is paid under a mistake of law orCancellation of mistakes. of fact, the commission shall immediately cancel any award under which such compensation has been paid and shall recover, as far as practicable, any amount which has been so paid. Any amount so recovered shall be placed to the credit of the employees’ compensation fund. Sec. 39. That whoever makes, in any affidavit required under sectionPunishment for false statements, etc. four or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. 750 Sec. 40. Construction of terms used. That wherever used in this Act— The singular includes the plural and the masculine includes the feminine. The term “employee” includes all civil employees of the United States and of the Panama Railroad Company. The term “commission” shall be taken to refer to the United States Employees’ Compensation Commission provided for in section twenty-eight. The term “physician” includes surgeons. The term “monthly pay” shall be taken to refer to the monthly pay at the time of the injury. Sec. 41. Inconsistent laws repealed. That all Acts or parts of Acts inconsistent with this Act *Provisos*.Settlement for prior injuries.are hereby repealed: *Provided, however,* That for injuries occurring prior to the passage of this Act compensation shall be paid under the law in force at the time of the passage of this Act: *And provided further,*Injuries under Panama Railroad Company. That if an injury or death for which compensation is payable under this Act is caused under circumstances creating a legal liability in the Panama Railroad Company to pay damages therefor under the laws of any State, Territory, or possession of the United States or of the District of Columbia or of any foreign country, no compensation shall be payable until the person entitled to compensation releases to the Panama Railroad Company any right of action which he may have to enforce such liability of the Panama Railroad Company, or until he assigns to the United States any right which he may have to share in any money or other property received in satisfaction of such liability of the Panama Railroad Company. Sec. 42. Employees, Panama Canal Railroad and Alaska railroad.Administration by officers thereof. That the President may, from time to time, transfer the administration of this Act so far as employees of the Panama Canal and of the Panama Railroad Company are concerned to the governor of the Panama Canal, and so far as employees of the Alaskan Engineering Commission are concerned to the chairman of that commission, in which cases the words “commission” and “its” wherever they appear in this Act shall, so far as necessary to give effect to such transfer, be read “governor of the Panama Canal” or “chairman of the Alaskan Engineering Commission,” as the case may be, and Payments from appropriations therefor.*Ante*, p. 747.“his”; and the expenses of medical examinations under sections twenty-one and twenty-two, and the reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, shall be paid out of appropriations for the Panama Canal or for the Alaskan Engineering Commission or out of funds of the Panama Railroad, as the case may be, instead of out of the appropriation for the work of the commission. Panama employees.Waiving claim applications authorized.*Ante*, p. 746.In the case of compensation to employees of the Panama Canal or of the Panama Railroad Company for temporary disability, either total or partial, the President may authorize the governor of the Panama Canal to waive, at his discretion, the making of the claim Payments to alien employees.*Ante*, p. 743.required by section eighteen. In the case of alien employees of the Panama Canal or of the Panama Railroad Company, or of any class or classes of them, the President may remove or modify the minimum limit established by section six on the monthly compensation for disability and the minimum limit established by clause
(K)of section ten on the monthly pay on which death compensation is to be Advances from Panama and Alaska funds.computed. The President may authorize the governor of the Panama Canal and the chairman of the Alaskan Engineering Commission to pay the compensation provided by this Act, including the medical, surgical, and hospital services and supplies provided by section nine *Ante*, pp. 743, 745.and the transportation and burial expenses provided by sections nine and eleven, out of the appropriations for the Panama Canal and Reimbursement to 3ompensation fund.for the Alaskan Engineering Commission, such appropriations to be reimbursed for such payments by the transfer of funds from the employees’ compensation fund. Approved, September 7, 1916.