uptown to purchase a suitcase or suit box-something large enough to put all the garments in; that while in the performance of her duty and while walking north on Main Street in the city of Fond du Lac, Wis., she stepped in a hole in the sidewalk, causing her to fall and strike her right knee, fracturing a cartilage and receiving other injuries. In trying to save herself from falling she grabbed on the corner of the glass show window. The terrific strain and jerk caused a very bad hernia to develop.

The following is the claimant's statement as to why she failed to report her claim to the Compensation Commission within the statutory period:

"I reported my accident to Miss Ruth M. Pfeil, director of the W. P. A. project No. 3138, within the required time, 48 hours. I was under the impression that she made the proper report to the proper authorities. She inquired of me from time to time in regard to my condition; therefore I thought she was taking care of the situation and reporting my injuries to the proper authorities. That some time later I wrote to Col. W. F. Reichardt, district director No. 3, W. P. A., Rest Haven, Waukesha, Wis., asking for information. I had no further information until many months had elapsed. Then an investigator called for a statement. I knew nothing of the 1-year limit that would outlaw my claim, having had no instruction as to the Federal compensation laws. I therefore did not make a report of my injuries to the Federal compensation bureau."

Under the circumstances it seems only fair that claimant be given an opportunity to file her claim with the Compensation Commission, leaving the Commission free to determine the merits of her claim.

The following communications are appended hereto and made a part of this report:

FEBRUARY 10, 1939.

DEAR MR. CHAIRMAN: Reference is made to your request for the Commission's report upon the bill (S. 809) for the relief of Jessie M. Durst. The bill provides: "That sections 17 and 20 of the Act entitled 'An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes', approved September 7, 1916, as amended, are hereby waived in favor of Jessie M. Durst, who is alleged to have suffered injuries on or about May 25, 1936, while in the performance of her duties as an employee of the Works Progress Administration, at Fond du Lac, Wisconsin: Provided, That no benefit shall accrue prior to the approval of this Act."

The first notice to the Commission of any disability to Mrs. Durst is contained in an official superior's report (Form C. A. 2) received on July 5, 1938, and executed by Phyllis A. Millenbach, W. and P. inspector, Works Progress Administration, in which she stated that Mrs. Jessie M. Durst on May 25, 1936, while employed as a seamstress by the Works Progress Administration, district No. 4, Woods, Wis., sustained injury when she caught her heel in a hole in the sidewalk in front of a ladies' apparel shop; that she was not injured while in the performance of duty since she "had been granted no authority to go to ladies' shop as part of duties."

The act of April 8, 1935 (49 Stat. 115), in effect extended to persons receiving from the appropriation made therein, security payments for services rendered as employees of the United States, with certain restrictive limitations as defined in the act of February 15, 1934 (48 Stat. 351), the benefits provided by the Federal Employees' Compensation Act of September 7, 1916. Sections 15 to 20, inclusive, of the Compensation Act of September 7, 1916, provide that notice of injury and claim for compensation shall be filed with the Commission within 1 year after injury. The provisions of the act in this respect are mandatory and cannot be waived. Since it did not appear that any notice of injury or claim for compensation on account of the alleged injury of May 25, 1936, had been filed by Mrs. Durst within a year after the date of injury the Commission could not extend any relief to her and she was so advised on July 15, 1938.

Since for the reasons stated above the Commission was without authority of law to consider the compensability of the alleged injury to Mrs. Durst, the merits of her case were not determined and the Commission can, therefore, express no opinion thereon further than to suggest that the report of the official superior as quoted from above throws doubt upon the compensability of the injury.

The proposed measure is apparently designed merely to waive the requirements and limitations of sections 17 and 20 of the Compensation Act, referred to above, and to leave the Commission free to determine the merits of Mrs. Durst's claim,

when filed, and to afford her such measure of relief as the facts when established may show her to be entitled to under the Employees' Compensation Act of September 7, 1916, as limited by the act of February 15, 1934, as amended.

In view of the foregoing, the Commission makes no recommendation as to the advisability of the enactment of the bill, S. 809.

Very truly yours,

JEWELL W. SwOFFORD, Chairman.

AFFIDAVIT

STATE OF WISCONSIN,

County of Fond du Lac, 88:

Jessie M. Durst, of 285 Linden Street, Fond du Lac, Wis., being first duly sworn on oath, deposes and says: That on the 25th day of May 1936, at about the hour of 10:30 a. m., I was ordered by my superior officer, Miss Ruth M. Pfeil, Fond du Lac County nurse, director of Works Progress Administration project No. 3138, to arrange the garments to be on exhibit at Waukesha, Wis., May 26, 1936. I was further instructed to go uptown to purchase a suitcase or suit box; something large enough to put all the garments into.

That while in the performance of my duty and while walking north on Main Street in the city of Fond du Lac, Wis., I stepped into a hole in the sidewalk, causing me to fall and strike my right knee, fracturing a cartilage and receiving other injuries. In trying to save myself from falling I grabbed on the corner of the glass show-window frame. The terrific strain and jerk caused a very bad hernia to develop. I reported my accident to Miss Ruth M. Pfeil, director of the W. P. A. project, No. 3138, within the required time, 48 hours. I was under the impression that she made the proper report to the proper authorities. She inquired of me from time to time in regard to my condition; therefore I thought she was taking care of the situation and reporting my injuries to the proper authorities, That some time later I wrote to Col. W. F. Reichardt, district director No. 3. W. P. A., Rest Haven, Waukesha, Wis., asking for information. I had no further information until many months had elapsed. Then an investigator called for a statement. I knew nothing of the 1-year limit that would outlaw my claim, having had no instruction as to the Federal compensation laws. I therefore did not make a report of my injuries to the Federal compensation bureau. That further this deponent saith not. [SEAL]

STATE OF WISCONSIN,

County of Fond du Lac, ss:

JESSIE M. DURST.

Subscribed and sworn to before me this 29th day of December 1938. [SEAL]

ARTHUR J. KREMER,

Notary Public, Fond du Lac County, Wis.

My commission expires February 16, 1941.

Mr. J. C. GAMROTH,

MAY 16, 1938.

State Compensation Officer, Works Progress Administration,

Madison, Wis.

DEAR MR. GAMROTH: Mrs. Jessie Durst called at the office the other day in reference to the time that she spent employed at the courthouse on a sewing project. It was during the time that she was employed, May 25, 1936, that she fell and suffered the injury to her knee. Saturday, May 23, 1936, the Works Progress Administration office had notified me that because of an exhibit that was to be held at Waukesha, I was to send some of my garments to the exhibit. The length of time was very short. I could not arrange to go to Waukesha. I asked Mrs. Durst, the supervisor of the project, to give her attention to arrange the garments and also for her transportation to Waukesha. As you know the women worked a certain number of days, had a few days free, and were then reemployed for a period of days in order to get in the sufficient amount of hours. Mrs. Durst put in her time at my request, even though she was not on duty in the sewing room supervising. She was devoting her time to the performance of her duty as

requested, pressing and getting the garments in readiness as I stated before. It was necessary for Mrs. Durst to go to town to purchase a suitcase for the garments. I am verifying what Mrs. Durst has told you. The garments had to be arranged to be taken to Waukesha for the exhibit. The short time that was allotted had to be utilized by Mrs. Durst in order to arrange to have our garments exhibited.

I sincerely hope that this letter will be of some help to you.

Sincerely,

RFP:DH.

County Nurse, Fond du Lac County.

FOND DU LAC, Wis., September 1, 1936.

Re Mrs. J. M. Durst.

To Whom This May Concern:

This is to certify that on August 28, 1936, I examined Mrs. J. M. Durst, of 285 Linden Street, Fond du Lac, Wis., at my office.

This patient tells me she was injured May 25, 1936, at 11:30 a. m., by stepping in a hole in the cement walk, causing her to fall, striking the knee, causing severe pain, swelling, and discoloration.

August 28, at my office, I find Mrs. Durst suffering from a floating cartilage of the right knee, complains of the knee catching in walking, difficulty in going up or down stairs, giving severe pain. The loosened cartilage slips from its normal situation and gets caught between the bones. The joint has become weakened and now contains a little fluid. This patient walks with a limp and experiences considerable pain when walking and is unable to flex the knee normally. Advised bandaging. Respectfully submitted.

A. J. PULLEN, M. D.

WILEY-SMITH CLINIC,

Mrs. J. M. DURST,

Fond du Lac, Wis.

Fond du Lac, Wis., August 21, 1936.

MY DEAR MRS. DURST: You have asked me for a statement of my opinion of your disability following your recent accident.

I believe that the healing period of your injuries has expired. As to just when this occurred, I could not say. Usually such injuries require about 6 weeks to heal.

Symptoms remaining now are, in my opinion, almost entirely subjective and consist of the following in large extent:

A sense of weakness in the right knee. on to the left knee in standing and walking.

This causes you to throw your weight

Pains in the region of the right knee, also down the right leg, also in the right foot, and possibly elsewhere.

Snapping sounds in the right knee.
Considerable emotional upset.

These things cannot be measured exactly as to severity, extent, or probable duration. However, with them as a basis for estimation I would suggest that an award of 10- to 15-percent disability in that knee would be fair to all concerned. Yours very truly,

KARL K. BORSACK, M. D.

FOND DU LAC., Wis., December 12, 1938.

Senator ROBERT M. LA FOLLETTE, Jr.,

Washington, D. C.

Dear Senator: Please note the blank accident reports enclosed. These reports were not delivered to the project until the first week of January 1937, therefore we knew nothing of making accident reports, having had no instructions. My superior officer, Director Miss Ruth F. Pfeil, therefore, made no report of my accident.

Very truly yours,

O

Mrs. JESSIE M. DURST.

GEORGE A. ROGERS

JULY 13, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. RAMSPECK, from the Committee on Claims, submitted the

following

REPORT

[To accompany S. 811]

The Committee on Claims, to whom was referred the bill (S. 811) for the relief of George A. Rogers, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to pay to George A. Rogers, of Bellingham, Wash., the sum of $278.90, in full satisfaction of his claim against the United States for expenses incurred as the result of an accident involving a Government truck operated in connection with the Civilian Conservation Corps, on March 27, 1938.

The facts are fully set forth in Senate Report No. 114, which is appended hereto and made a part of this report. Your committee concur in the recommendation of the Senate.

[S. Rept. No. 114, 76th Cong., 1st sess.]

The records of the War Department show that two Civilian Conservation Corps enrollees had taken a Government Chevrolet truck operated in connection with the Civilian Conservation Corps, in disobedience of specific orders, for a personal mission; that the enrollees in company with two young ladies were returning from a dance which they had attended at Burlington, Wash.; that Mr. Mr. George A. Rogers, of Bellingham, Wash., with three passengers, was proceeding south on Jersey Street at a speed of from 20 to 25 miles per hour; that Mr. Rogers observed the lights of the Government vehicle at a distance of approximately 200 feet and accelerated his speed in the belief that he could clear the intersection safely; that the Government driver did not observe Mr. Rogers' car until his car was directly in front of the Government vehicle, and that the Government vehicle struck the left rear of claimant's car, thereby causing the damages and personal injuries complained of.

As a result of this accident Mr. Rogers submitted a claim to the War Department in the amount of $75.90 for personal injuries, $153 for property damage, and $208 for loss of time.

Favorable action by the War Department on this claim was denied on the ground that the driver of the Government vehicle was not acting within the scope of his employment at the time of the accident, a condition necessary to bring the claim within the provisions of any of the acts available to the War Department for the settlement of claims of this nature.

In reporting on this claim the Secretary of War states that since at the time of the accident the driver of the Government truck was using the vehicle contrary to orders and not on Government business, the War Department is constrained to submit no recommendation and leave the matter to such equitable determination as the Congress in its discretion may deem proper to allow.

Several claims arising out of similar circumstances have been passed by the Congress and approved by the President.

The position of your committee has been that Government officials in charge of Civilian Conservation Corps camps are negligent and careless in not seeing that the trucks used in connection with Civilian Conservation Corps activities are properly locked and placed where they cannot be used without permission or for unofficial business. As this case is no different from others already enacted into law, your committee recommend its approval.

The amount recommended covers Mr. Rogers' bills for personal injuries and property damage, and an additional sum of $50 for loss of time.

The facts are fully set forth in the following letter from the Secretary of War which is appended hereto and made a part of this report.

Hon. M. M. LOGAN,

WAR DEPARTMENT, Washington, February 7, 1939.

Chairman, Committee on Claims, United States Senate.

DEAR SENATOR LOGAN: Careful consideration has been given to the bill S. 811, Seventy-sixth Congress, for the relief of George A. Rogers, which you transmitted to the War Department under date of January 20, 1939, with request for information and the view of the Department relative thereto.

The purpose of the proposed legislation is to pay to George A. Rogers, of Bellingham, Wash., the sum of $436.90 in full satisfaction of his claim against the United States for expenses incurred as the result of an accident involving a Government truck operated in connection with the Civilian Conservation Corps, at the intersection of Maple and Jersey Streets, Bellingham, Wash., on March 27, 1938.

The records of the War Department show that two Civilian Conservation Corps enrollees, Woodrow Rogers and Carl A. Borton, had taken a Government Chevrolet truck operated in connection with the Civilian Conservation Corps, in disobedience of specific orders, for a personal mission; that the enrollees in company with two young ladies, Miss Dorothy Jean Spencer and Miss Jane Thayer, were returning from a dance, which they had attended at Burlington, Wash.; that all four of the occupants of the Government vehicle were on the front seat; that Enrollee Borton (not an authorized driver) was driving the Government vehicle and Enrollee Rogers (the authorized driver) was on the right side of the seat with one of the young ladies seated on his lap, the young lady completely obstructing the driver's vision to his right; that the Government vehicle was proceeding down grade on Maple Street in a westerly direction at a speed of from 25 to 35 miles per hour; that Mr. George A. Rogers, Bellingham, Wash., with three passengers, was proceeding south on Jersey Street at a speed of from 20 to 25 miles per hour; that Mr. Rogers observed the lights of the Government vehicle at a distance of approximately 200 feet and accelerated his speed in the belief that he could clear the intersection safely; that the Government driver did not observe Mr. Rogers' car until his car was directly in front of the Government vehicle; and that the Government vehicle struck the left rear of claimant's car, thereby causing the damages and personal injuries complained of.

As a result of this accident Mr. Rogers submitted a claim to the War Department in the amount of $75.90 for personal injuries and $153 for property damage, and in addition $208 for loss of time. In support of his claim he presented unreceipted bills, as follows: