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"It is felt by the board of officers that the claimant is at least partly at fault for failing to exercise proper caution before entering the intersection in that he did not wait for north- and south-bound traffic to clear, and evidence would indicate that the claimant also may have started into the intersection before the red signal light had turned to green.
"Attention is also called to the prefabricated form on which the sworn statement of Officer McClanahan is submitted and to the contradictions it makes to his statement on the police report made several weeks previously. This statement was sent in by the attorney of the claimant, although the letter requesting the statement was mailed directly to Mr. McClanahan."
Mr. Bello submitted to the War Department receipted bills indicating that the cost of repairing his automobile amounted to $150.72 and that he incurred the following medical expenses: Louise Long, Beverly Hills, Calif. (physiotherapy).
$195 Dr. Wilbur W. Mackenzie, Hollywood, Calif.
78 Dr. J. W. Warren, Hollywood, Calif. (X-rays).
308 It appears that Mr. Bello carried a $25 deductible collision insurance policy on his automobile with the Aetna Insurance Co., which paid $125.72 of the cost of repairing the damaged vehicle. Mr. Bello filed a claim with the War Department in the amount of $25 for property damage not covered by insurance, $5,000 for personal injuries, and $308 for medical expenses resulting from the accident. The Aetna Insurance Co., as subrogee, filed a claim for property damage (covered by insurance) in the amount of $125.72. After review in the War Department, these claims were disapproved on November 25, 1942, on the ground, amongst others, that the proximate cause of the accident was the combined negligence of the claimant and the Army driver:
Since the request for the submission of a report on S. 1483 was received the record in this case has been carefully reexamined, and it is the view of the War Department that the evidence fairly establishes that the proximate cause of the accident was the negligence of Mr. Bello in that he proceeded into an intersection without first assuring himself that all vehicles already within the intersection had cleared and in carelessly striking the rear portion of the Army vehicle after it had almost passed through the intersection. The negligence of the Army driver, if any, was of a relatively slight degree. In view of Mr. Bello's negligence there is no responsibility on the part of the United States to compensate him for the damage sustained by him in this accident, and the War Department, therefore, is constrained to recommend that favorable consideration be not given to the proposed legislation.
The fiscal effect of the bill is manifest. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours,
HENRY L. STIMSON,
Secretary of War.
AFFIDAVIT OF WILBUR W. MACKENZIE, M. D. STATE OF CALIFORNIA,
County of Los Angeles, 88: Wilbur W. MacKenzie, being first duly sworn on oath, deposes and says:
That he is a physician and surgeon, duly licensed to practice in the State of California, with offices at 1110 Taft Building, Hollywood, Calif., and that he has been engaged in such practice for many years.
Affiant further states that on January 29, 1942, one Marino Bello was brought into affiant's office, for medical attention, by one Mr. Hightower, following an automobile accident occurring several hours prior to said visit. That said Marino Bello was unknown to your affiant at said time and had at no time prior thereto ever been a patient of affiant. Affiant further states that he made careful examination of Mr. Bello, and took X-rays of his spine, and found him to be in a badly injured condition and unable to walk without assistance. The X-rays taken included the ribs, dorsal and lumbar vertebrae, sacroiliac, and pelvic regions. It was apparent from such examination that there was a considerable twisting of the spine.
Affiant further states that he treated Mr. Bello continuously for & period of more than 3 months immediately following the injury and then treated him at intervals, and Mr. Bello is still under affiant's care. That affiant has done everything possible to make Mr. Bello comfortable, prescribing therapeutics and the wearing of á sacroiliac brace for support. That Mr. Bello is of the age of 60 years at this time, and at such age, in the opinion of affiant, an injury to the spino and sacroiliac of the nature suffered by Mr. Bello is of a permanent nature.
WILBUR W. MACKENZIE, M. D. Subscribed and sworn to before me this 1st day of March 1944. (SEAL)
OLIVE M. BERREAU, Notary Public in and for the County of Los Angeles, State of California. My commission expires August 6, 1944.
FEBRUARY 13, 1945.-Committed to the Committee of the Whole House and
ordered to be printed
Mr. DICKSTEIN, from the Committee on Claims, submitted the
(To accompany H. R. 949)
The Committee on Claims, to whom was referred the bill (H. R. 949) for the relief of Mrs. Mildred Ring, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.
A similar bill was favorably reported by this committee in the Seventy-eighth Congress.
The facts will be found fully set forth in House Report No. 1183, of the Seventy-eighth Congress, which is appended hereto and made a part of this report.
(B. Rept. No. 1183, 78th Cong., 2d sess. /
The purpose of the proposed legislation is to merely waive the time limitation in favor of Mrs. Mildred Ring, who is alleged to have sustained injuries from undue exposures to low-temperature weather and to have sustained injuries to her back in line of duty while employed as a field matron in the Indian Service, Department of the Interior, and her claim for compensation on account of all resultant, currently existing disabilities considered and acted upon under the remaining provisions of such act.
STATEMENT OF FACTS
Your committee recommend favorable consideration to the proposed legislation. Appended hereto are the reports of the Interior Department and the Employees' Compensation Commission, which are made a part of this report.
Washington, D. C., January 14, 1944. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,
House of Representatives, Washington, D. C. MY DEAR MR. McGEHEE: Reference is made to your request for a report on H. R. 2346, a bill for the relief of Mrs. Mildred Ring.
For the reasons hereinafter stated I recommend that this bill be given favorable consideration.
Mrs. Ring entered on duty as field matron in the Indian Service on March 30, 1926, and was assigned to the Carson Indian Agency in Nevada. She served in that position until June 30, 1929, when it became necessary to effect her separation because of her impaired physical condition. Thereafter she submitted a claim to the United States Employees'. Compensation Commission for disability compensation, alleging that she had contracted pulmonary tuberculosis in the performance of her official duties. Her claim was allowed by the Commission. Subsequently, however, it appears that her condition improved to such an extent as to justify the Commission in making a substantial reduction in her compensation.
Although her tuberculosis has reportedly been arrested, she is now suffering from severe arthritis in her legs and scoliosis, which have rendered her practically incapable of making a living. It is Mrs. Ring's contention that her present ailments are the result of exposures to cold weather and to back injuries which she suffered during the winters of 1927 and 1928 while she was employed at the Carson Agency. The winters in the area where Mrs. Ring worked are known to be quite severe. The records of the Department show that her duties during the period in question were arduous and required her to make frequent long automobile trips in very cold weather. There is no evidence of record that she complained of back injuries, but it is possible that she did suffer such injuries in her travels. In 1927 and 1928 the roads in the Carson jurisdiction were rough and unimproved, and it is undoubtedly a fact that anyone who performed much travel by automobile, especially in the wintertime, experienced considerable physical discomfort. In the circumstances, I believe that Mrs. Ring is entitled to have her case reviewed by the Employees' Compensation Commission.
The Bureau of the Budget has advised me that the enactment of this proposed legislation would not be in conflict with the program of the President if revised to eliminate lines 14, 15, and 16 of page 2 of the bill. Sincerely yours,
ABE Fortas, Acting Secretary of the Interior.
United States EMPLOYEES' COMPENSATION COMMISSION,
New York City, July 17, 1948. CHAIRMAN, COMMITTEE ON CLAIMS,
House of Representatives, Washington, D. C. DEAR MR. Chairman: Reference is made to your request for the Commission's report upon the bill, H. R. 2846 for the relief of Mrs. Mildred Ring. The bill provides:
"That sections 15 to 20, inclusive, of the Act entitled 'An Act to provide compensation for the employees of the United States suffering injuries while in the performance of their duties, and for other purposes', approved September 7, 1916, as amended (U. S. C., 1934 edition, title 5, secs. 767 and 770), are hereby waived in favor of Mrs. Mildred Ring, who is alleged to have sustained injuries from undue exposures to low temperature weather and to have sustained injuries to her back while en route between Reno and Pyramid Lake, Nevada, during the winter months of 1927-1928, in line of her duties while employed as a field matron in the Indian Service, Department of the Interior, and her claim for compensation on account of all resultant, currently existing disabilities considered and acted upon under the remaining provisions of such Act, as amended, if she files such claim with the United States Compensation Commission not later than sixty days after the date of enactment of this Act.
“Sec. 2. Any monthly compensation which the said Mrs. Mildred Ring may be found to be entitled to receive by reason of the enactment of this Act shall commence on the first day of the month during which this Act is enacted, or such earlier date as the Commission, upon evidence submitted, may determine Mrs. Mildred Ring to be otherwise entitled to receive such compensation."
On October 19, 1928, the Commission received a claim (Form CA-4) for compensation from Mrs. Mildred Ring in which she stated that in January 1938, while employed as a field matron for the Indian Service (Department of the Interior) she contracted pulmonary tuberculosis while nursing Indians (at Dresserville, Nev.), who were suffering from that disease. This claim was accepted and approved by the Commission.
The last medical report received in this case was from the United States Marine Hospital, San Francisco, Calif., dated October 6, 1942, which is in full as follows:
"Reference is made to the case of Mrs. Mildred Ring, File 240893 who reported with Form CA-33 dated August 28, 1942, and was admitted to this hospital on September 23, 1942, for survey of present condition referable to an old tuberculosis, allegedly sustained in performance of duty January 1928. She was last examined in this hospital in January 1941. Since discharge she lost about 16 pounds in weight, from 104 to 88 pounds, at present. She has had frequent night sweats, and still has arthritic pains in feet, hands, and cervical spine, has to walk with aid of a crutch. Her general health has been very poor, and semi-invalided since 1932, she further states. Height, 5 feet 3 inches; weight, 88 pounds.
"Chest: Resonant throughout, no abnormalities noted on inspection, palpa. tion, percussion, or auscultation. Extremities, fusiform swelling of both wrists and phalangeal joints in hands; motions in these joints limited. Swelling also present in right ankle, moderate limitation of motions in ankle. X-ray of chest. No evidence of pulmonary tuberculosis, except several small calcified Ghon tubercles in the hilar region, probably residual of a minimal childhood tuberculosis, long since healed and arrested.
"Laboratory findings: Urinalysis negative; blood test, Kahn, negative. Sedi. mentation rate, 30 min. 26 mm. 60 min. 31 mm. Blood count, RBC 4, 160 M. WBC, 9300, hemoglobin 75%, small mononuclears 28, large mononuclears 6; eosinophiles 8, neutrophiles 58. Sputum, negative for tubercle bacilli.
"Diagnosis: Tuberculosis, pulmonary, chronic, minimal, arrested. Arthritis, chronic, mixed, more or less generalized. Curvature of spine, scoliosis.
"Conclusions: In the opinion of examining surgeons the tuberculosis in this patient has entirely recovered and no disability now exists as result of such tuberculosis. She has about a 50 percent disability due to her osteoarthritis which is not related to injury. No treatment indicated for old arrested tuberculosis allegedly sustained January 1928, and patient was discharged from the hospital September 30, 1942. Prognosis good for tuberculosis, but poor for arthritis, which probably will progress.”
After careful examination of all medical evidence on file in this case, the Commission decided that as a result of the tubercular condition, Mrs. Ring had suffered disability from October 21, 1928, to December 31, 1942 (less time employed), and paid her compensation for such period the sum of $10,992.46. The sum of $2,262.95 was also paid by the Commission for medical and transportation expenses. The aggregate amount of payments made in this case is $13,255.41.
The Commission found that as of December 31, 1942, Mrs. Ring had recovered from tuberculosis and that she was not entitled to further compensation on account of such condition. The Commission also found that any disability suffered by Mrs. Ring from arthritis or other conditions was unrelated to the tubercular condition, and hence compensation for any such disability could not be paid.
The first information the Commission received with respect to a back injury alleged to have been sustained by Mrs. Ring wi ile in Government employment was contained in a letter from her, dated August 19, 1938, which is in part as follows:
"I had no spinal trouble or defect prior to my service and disability in Reno, Nev., nor have I suffered any injury to the spine subsequent to that time unless it has been due to my chest condition. Some doctors have expressed the opinion that it may have been caused by the pressure of fluids due to pleurisy which during the first few years accompanied or were the outcome of the tubercular condition. Others have been plainly so puzzled that they did not express an opinion other than asking me if I had been injured.
"During the first year of my service in Reno, being field matron, my work required that I drive about constantly, frequently over the roughest kind of desert roads, in the Government car. This car was an antiquated, rough-riding broken-down model T Ford. Several times I was marooned in the desert, due to car trouble, and the last time I came near freezing to death before being rescued. An urgent wire from my superintendent to the Washington office resulted in authorization for the purchase of a new car. If any injury, other than