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CONSTRUCTION AND EFFECTIVE DATE Act Jan. 24, 1942, cited to text, effective date and construction with regard to rights of persons separated prior thereto, see note under section 691 of this title.

REFERENCES IN TEXT Word "chapter" in this section refers to act May 29, 1930, ch. 349, 46 Stat. 468, distribution of which in this Code is shown in note under section 691 of this title.

§ 736c. Benefits extended to those already retired.—In the case of those who before July 1, 1930, shall have been retired on annuity under the provisions of this chapter, or as extended by Executive orders, the annuity shall be computed, adjusted, and paid under the provisions of this chapter, but said chapter shall not be so construed as to reduce the annuity of any person retired before July 1, 1930, nor shall any increase in annuity commence before said date. (July 3, 1926, ch. 801, § 8, 44 Stat. 909; May 29, 1930, ch. 349, § 8, 46 Stat. 475.)

COMPENSATION FOR INJURIES TO EMPLOYEES OF

UNITED STATES

751. Disability or death of employee; willful misconduct. The United States shall pay compensation as hereinafter specified for the disability or death of an employee resulting from a personal injury sustained while in the performance of his duty, but no compensation shall be paid 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. (Sept. 7, 1916, ch. 458, § 1, 39 Stat. 742.)

CROSS REFERENCES Compensation for injuries in time of peace, see sections 797 and 798 of this title.

Compensation for injury and retirement annuity not to be received for same period, see section 714 of this title.

8 752. Time of accrual of right. During the first three days of disability the employee shall not be entitled to compensation except as provided in section 759 of this title. No compensation shall at any time be paid for such period. (Sept. 7, 1916, ch, 458, $ 2, 39 Stat. 743.)

§ 753. Total disability.--If the disability is total, the United States shall pay to the disabled employee during such disability à monthly compensation equal to 66 2/3 per centum of his monthly pay, except as hereinafter provided. (Sept. 7, 1916, ch. 458, § 3, 39 Stat. 743.)

8 754. Partial disability; affidavit. If the disability is partial, the United States shall pay to the disabled employee during such disability a monthly compensation equal to 66 2/3 per centum

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of the difference between his monthly pay and his monthly wageearning capacity after the beginning of such partial disability. The commission may, from time to time, require a partially disabled employee to make an affidavit as to the wages which he is then receiving. In such affiadvit 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 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. (Sept. 7, 1916, ch. 458, § 4, 39 Stat. 743.)

$ 755. Same; employee to seek other employment. If a partially disabled employee refuses to seek suitable 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. (Sept. 7, 1916, ch. 458, § 5,39 Stat. 743.)

$ 756. Monthly compensation for total and for partial disability; increase on basis of expectancy of productive capacity; decrease on account of age; additional compensation for necessary services of attendant.—The monthly compensation for total disability shall not be more than $116.66, nor less than $58.33, unless the employee's monthly pay is less than $58.33, in which case his monthly compensation shall be the full amount of his monthly pay. The monthly compensation for partial disability shall not be more than $116.66. In the case of persons who at the time of the injury were minors or 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 commission 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.

In addition to the monthly compensation the Employees' Compensation Commission may pay an injured employee awarded compensation for permanent total disability from injury an additional sum of not more than $50 a month, as the Commission may deem necessary, when the Commission shall find that the service of an attendant is necessary constantly to be used by reason of the employee being totally blind, or having lost both hands or both feet or the use thereof, or is paralyzed and unable to walk, or by reason of other total disability actually rendering him so helpless as to require constant attendance. (Sept. 7, 1916, ch. 458, § 6, 39 Stat. 743; Feb. 12, 1927, ch. 110, § 1, 44 Stat. 1086; May 13, 1936, ch. 382, 49 Stat. 1270.)

§ 757. Person receiving not to be paid for other services; pensions.—As long as the employee is in receipt of compensation under sections 751-791, 793 of this title, 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 pensions for services in the Army or Navy of the United States: Provided, That whenever any person is entitled to receive any benefits under sections 751-791 and 793 of this title by reason of his injury, or by reason of the death of an employee, as defined in section 790 of this title, and is also entitled to receive from the United States any payments or benefits (other than the proceeds of any insurance policy), by reason of such injury or death under any other Act of Congress, because of service by him (or in the case of death, by the deceased) as an employee, as so defined, such person shall elect which benefits he shall receive. Such election shall be made within one year after the injury or death, or such further time as the Commission may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. (Sept. 7, 1916, ch. 458, § 7, 39 Stat. 743; July 1, 1944, ch. 373, title VI, 605 (a), 58 Stat. 712.)

8 758. Employee having annual or sick leave to his credit.-If at the time the disability begins. the employee has 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. (Sept. 7, 1916, ch. 458, § 8, 39 Stat. 743.)

8 759. Medical, surgical, and hospital service; tranportation expenses.—For any injury sustained by an employee while in the performance of duty, whether or not disability has arisen, the United States shall furnish to the employee all services, appliances, and supplies prescribed or recommended by duly qualified physicians which, in the opinion of the commission, are likely to cure or to give relief or to reduce the degree or the period of disability or to aid in lessening the amount of the monthly compensation. Such services, appliances, and supplies shall be furnished by or upon the order of United States medical officers and hospitals, but where this is not practicable they shall be furnished by or upon the order of private physicians and hospitals designated or approved by the commission. For the securing of such services, appliances, and supplies, the employee may be furnished transportation, and may be paid all expenses incident to the securing of such services, appliances, and supplies, which, in the opinion of the commission, are necesasry and reasonable. All such expenses when authorized or approved by the commission shall be paid from the employees' compensation fund. Any awards heretofore made by the commission on account of expenses incurred under this section prior to June 26, 1926, shall be valid, if such award would be valid if made on account of expenses incurred under this section after June 26, 1926. (Sept. 7, 1916, ch. 458, § 9, 39 Stat. 743; June 26, 1926, ch. 695, § 1, 44 Stat. 772.)

CROSS REFERENCE Annual leave with pay reduced to fifteen days, see section 30a of this title.

$ 760. Compensation to heirs in case of death. 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) To the widow, if there is no child, 35 per centum. This compensation shall be paid until her death or marriage.

(B) To the widower, if there is no child, 35 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) To the widow or widower, if there is a child, the compensation payable under clause (A) or clause (B) and in addition thereto 10 per centum for each child, not to exceed a total of 66 2/3 per centum for such a widow or widower and children. If a child has a guardian other than the surviving widow or widower, the 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) To the children, if there is no widow or widower, 25 per centum for one child and 10 per centum additional for each additional child, not to exceed a total of 66 2/3 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) 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, 25 per centum; if both are wholly dependent, 20 per centum to each; if one is or both are partly dependent, a proportionate amount in the discretion of the commission.

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 66 2/3 per centum.

(F) To the brothers, sisters, grandparents, and grandchildren, if one is wholly dependent upon the deceased employee for support at the time of his death, 20 per centum to such dependent; if more than one are wholly dependent, 30 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, 10 per centum divided among such dependents share and share alike.

The above percentages shall be paid if there is no widow, widower, 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 66 2/3 per centum.

(G) The compensation of each beneficiary under clauses (E) and (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, 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 time of his death or living apart for reasonable cause or by reason of his desertion.

(I) Upon the cessation of compensation under this section to or 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 to compensation under this section and the apportionment of such compensation, above provided, would result in injustice, the commission may, in its decretion, modify the apportionment to meet the requirements of the case.

(K) In computing compensation under this section the monthly pay shall be considered not to be more than $175 nor less than $87.50, but the total monthly compensation shall not exceed the monthly pay computed as provided in section 762 of this title. TL) If any person entitled to compensation under this section, 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. (Sept. 7, 1916, ch. 458, $ 10, 39 Stat. 744; Feb. 12, 1927, ch. 110, $$ 2, 3, 44 Stat. 1087.)

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