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§ 761. Payment to personal representative where death results within six years; transportation of remains; burial expenses. If death results from the injury within six years the United States shall pay to the personal representative of the deceased employee funeral and burial expenses not to exceed $200, 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 hemertically sealed casket to the home of the employee. Such funeral and 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 such injury or, if there has been no disability preceding death, more than one year after the injury. (Sept. 7, 1916, ch. 458, § 11, 39 Stat. 745; Feb. 12, 1927, ch. 110, § 4, 44 Stat. 1087.)
§ 762. Computation of monthly pay of employee.-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 betaken into account. (Sept. 7, 1916, ch. 458, § 12, 39 Stat. 746.)
§ 763. Wage-earning capacity.-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. (Sept. 7, 1916, ch. 458, § 13, 39 Stat. 746.)
§ 764. Payment of lump sum; determination of amount. 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 4 per centum true discount 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. (Sept. 7, 1916, ch. 458, § 14, 39 Stat. 746.)
§ 765. Notice of injury.-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. (Sept. 7, 1916, ch. 458, § 15, 39 Stat. 746.)
§ 766. Same; requisites.—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. (Sept. 7, 1916, ch. 458, § 16, 39 Stat. 746.)
§ 767. Same; failure to give.--Unless notice is given within the time specified or unless the immediate superior has actual knowledge of the injury, no 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. (Sept. 7, 1916, ch. 458, § 17, 39 Stat. 746.)
§ 768. Written claim.--No compensation under sections 751791, 793 of this title shall be allowed to any person, except as provided in section 788 of this title, unless he or someone on his behalf shall, within the time specified in section 770 of this title, 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. (Sept. 7, 1916, ch, 458, $ 18, 39 Stat. 746.)
§ 769. Same; form and requisites; waiver.--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. (Sept. 7, 1916, ch. 458, § 19, 39 Stat. 746.)
$ 770. Time for making claims.-All original claims for compensation for disability 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. (Sept. 7, 1916, ch. 458, § 20, 39 Stat. 747; June 13, 1922, ch. 219, 42 Stat. 650.)
8 771. Physical examinations; refusal to submit to.--After the injury the employee shall, as frequently 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 insuch examination. If the employee refuses to submit himself for or in any way obstructs any examination, his right to claim compensation under sections 751-791, 793 of this title 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.
For any examination required by the commission the employee shall be paid all expenses incident to such examination which, in the opinion of the commission, are necessary and reasonable, including transportation and loss of wages incurred in order to submit to examination. All such expenses when authorized or approved by the commission shall be paid from the employees' compensation fund. (Sept. 7, 1916, ch. 458, $ 21, 39 Stat. 747; June 26, 1926, ch. 695, § 2, 44 Stat. 772.)
§ 772. Same; disagreement between physicians. In case of any disagreement between the physician 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. (Sept. 7, 1916, ch. 458, § 22, 39 Stat. 747.)
§ 773. Same; physicians' fees.-Fees for examinations made on the part of the United States under sections 771 and 772 of this title 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 771, when authorized or approved by the commission, shall be paid from the employees' compensation fund. (Sept. 7, 1916, ch, 458, § 23, 39 Stat. 747;
June 26, 1926, ch. 695, § 3, 44 Stat. 772.) $ 774. Report to Commission as to injury.-Immediately after an injury to an employee resulting in his death or 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. (Sept. 7, 1916, ch. 458, § 24, 39 Stat. 747.)
§ 775. Assignment of claim for compensation. Any assignment of a claim for compensation under sections 751-791, 793 of this title shall be void, and all compensation and claims therefor shall be exempt from all claims of creditors. (Sept. 7, 1916, ch. 458, § 25, 39 Stat. 747.)
8 776. Subrogation of United States to employee's right of action; assignment by employee; disposition of moneys collected from person liable.--If an injury or death for which compensation is payable under sections 751-791, 793 of this title 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 the 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 prosecute said action in his own name when required by the commission, he shall not be entitled to any compensation under sections 751-791, 793 of this title.
The cause of action when assigned to the United States may be 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 expense 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. (Sept. 7, 1916, ch. 458, § 26, 39 Stat. 747.)
§ 777. Adjustment in case of receipt by employee of mon property in satisfaction of liability of third person.-If an injury or death for which compensation is payable under sections 751-791, 793 of this title is caused under circumstances creating a legal liability in some person other than the United States to pay damages 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) 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) 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. (Sept. 7, 1916, ch. 458, § 27, 39 Stat. 747.)
§ 778. United States Employees' Compensation Commission.The United States Employees' Compensation Commission shall be composed of three commissioners appointed by the President, by and 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 years, and at the expiration of each of said terms, the commissioner then appointed shall be appointed for a period of six years. 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 sections 751-791, 793 of this title. (Sept. 7, 1916, ch. 458, § 28, 39 Stat. 748.)
§ 779. Same; other official bodies discontinued; reports from other departments to; transfer of clerks and employees.—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 sections 751-791, 793 of this title, all commissions and independent bureaus, by or in which payments for compensation were provided, on September 7, 1916, 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 it. The said commission may obtain, in all cases, in addition to the reports provided in section 774 of this title, 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 on September 7, 1916, exclusively engaged in carrying on said work in the various executive departments, commissions, and independent bureaus, are transferred to, and become employees of, the commission at their present grades and salaries. (Sept. 7, 1916, ch. 458, § 28a, 39 Stat. 748.)
§ 780. Same; subpoenas for witnesses. 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. (Sept. 7, 1916, ch. 458, $ 29, 39 Stat. 748.).
§ 783. Same; rules and regulations.—The commission is authorized to make necessary rules and regulations for the enforcement of sections 751-791, 793 of this title, and shall decide all questions arising under said sections. (Sept. 7, 1916, ch. 458, § 32, 39 Stat. 749.)
$ 785. Employees' compensation fund. There is authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $500,000, to be known as the employees' compensation fund. To this fúnd there shall be added such sums as Congress may from time to time appropriate for the purpose.
Such fund, including all additions that may be made to it, is authorized to be permanently appropriated for the payment of the compensation provided by sections 751-791, 793 of this title, including the medical, surgical, and hospital services and supplies provided by section 759 of this title, and the transportation and burial expenses provided by sections 759 and 761 of this title. The commission shall submit annually to the Bureau of the Budget estimates of the appropriations