FEBRUARY 22, 1945.-Committed to the Committee of the Whole House and ordered to be printed Mr. PITTENGER, from the Committee on Claims, submitted the following REPORT [To accompany S. 248] The Committee on Claims, to whom was referred the bill (S. 243) for the relief of Galen E. Walter, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The facts will be found fully set forth in Senate Report No. 6, Seventy-ninth Congress, which is appended hereto and made a part of this report. Your committee concur in the recommendation of the Senate. [H. Rept. No. 6, 79th Cong., 1st sess.] The Committee on Claims, to whom was referred the bill (S. 2088) for the relief of Galen E. Walter, having considered the same, report favorably thereon and recommend that the bill do pass. The purpose of the proposed legislation is to waive the statute of time limitations so that the United States Employees' Compensation Commission would be authorized and directed to receive and consider the claim of Galen E. Walter who is alleged to have sustained injuries while employed as a forest guard at the Gallatin National Forest, on May 9, 1942. Your committee recommend favorable consideration to the proposed legislation. Appended hereto is the report of the Employees' Compensation Commission, together with other pertinent data. UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, CHAIRMAN, COMMITTEE ON CLAIMS, United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: Reference is made to your request for the Commission's report upon the bill (S. 2088) for the relief of Galen E. Walter. The bill provides: "That sections 15 to 20, inclusive, 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 Galen E. Walter, Pony, Montana, who allegedly sustained an injury on May 9, 1942, while employed as a forest guard at the Gallatin National Forest, and his claim for compensation is authorized to be considered and acted upon under the remaining provisions of such Act, as amended, if he files such claim within six months from date of the approval of this Act: Provided, That no benefit shall accrue prior to the approval of this Act." It appears from the Commission's records that a report of injury was received on December 27, 1943, from the official superior of Mr. Galen E. Walter, Pony, Mont., setting forth that on May 9, 1942, while employed as a forest guard by the Department of Agriculture (Forest Service) in Gallatin National Forest at Ennis, Mont., Mr. Walter suffered injury to his back when he fell from a telephone pole which he had climbed to make line repairs. Mr. Walter apparently reported his alleged injuries to his supervisor on the third day after the event, but declined to file written notice of injury (on Form CA-1 prescribed by the Commission) and declined at that time to see a physician with respect to his alleged injuries, indicating "that he would be all right in a day or two." Mr. Walter apparently continued to work at his usual employment until October 25, 1943, after which he was disabled for work. The Medical reports submitted to the Commission disclosed that Mr. Walter consulted an osteopath on May 26, 1942, complaining of "a pain low on his hip," but would not consent to X-ray of his hip because of the expense involved. Commission received from Dr. Louis W. Allard, of Billings, Mont., a medical report in this case dated January 14, 1944, which is in full as follows: "Re: Galen Walter, age 48, Pony, Mont., employed as a forest ranger at Ennis, Mont. "GENTLEMEN: History of disability: On May 9, 1942, the subject fell about 10 feet from a telephone pole, landing on his buttocks. He felt discomfort in the lumbar spine and left leg but did not believe there was anything the matter and did not pay too much attention to it. He was able to work all that summer. during the spring of 1943 the back began to bother a great deal and pain began to extend down both legs. This pain is recurrent and gradually getting more severe, back discomfort becoming severe enough to interfere with the subject's ability to work. "Physical examination: Relative to complaint-reveals a definite first degree lumbar kyphosis with marked limitation of all movements (flexion, extension and rotation) in the lumbar spine; movements of the spine are not easily permitted beyond 20% of the normal range. The legs are the same length, no evidence of atrophy; reflexes (knee and ankle) present but limited. Sensation and neuromuscular action normal. "X-ray pictures of the spine show definite compression, angulation of the second lumbar vertebra, evidently an old compression fracture which has become symptomatic. "General physical examination: Height, 67 inches (used to be 68 inches); weight 147 pounds (normal 175); temperature 98, Julse 104; blood pressure 95/154; urine, 1,020, chemically and microscopically normal; blood Wassermann negative; no evidence of gross pathology in the organs or systems of the body (left ear drum retracted, tonsils atrophied, all but three upper and three lower teeth have been removed, prostate smooth and normal, no hemorrhoids). "Treatment: The subject was sent to St. Vincent Hospital in Billings, Mont., and placed on hyperextension back frame for about 3 weeks and then fitted with a Taylor type ambulatory back brace. Under treatment the subject's symptoms gradually subsided as the kyphosis was corrected. "Diagnosis: Wedging of second lumbar vertebra with a suggestion of activity in this region (no primary lesions found any place in the body). Leg and back symptoms secondary to compression of the vertebral body. "The 10-foot fall on the buttocks on May 9, 1942, could very well have caused fracture of a lumbar vertebral body and be followed by the symptoms now presented." Since it did not appear that Mr. Walter had given written notice of injury or filed a claim for compensation within 1 year from the date of his injury as required by the mandatory provisions of sections 15 to 20, inclusive, of the Federal Employees' Compensation Act of September 7, 1916, the Commission was without authority of law to consider the merits of his claim and Mr. Walter was so advised. As for such reason no determination was made of his right to compensation on the merits of the case, the Commission is unable to comment upon this aspect of his case. The bill S. 2088 is apparently designed to waive in favor of Mr. Walter the bar of the time limitations in sections 15 to 20, inclusive, of the Federal Employees' Compensation Act, and to leave the Commission free to determine the merits of his claim if filed not later than 6 months after the date of the approval of the act, and to afford him such measure of relief as the facts, when established, may show him to be entitled to under the provisions of the compensation law, subject to the provision that no benefits shall accrue prior to the approval of the measure. In view of the foregoing, the Commission makes no recommendation as to the advisability of the enactment of bill S. 2088. This report has been submitted to the Bureau of the Budget, pursuant to Budget Circular No. A-19 Revised, dated August 1, 1944, and has been returned with the advice that there would be no objection to the presentation of the proposed report to the committee. Very truly yours, (Mrs.) JEWELL W. SWOFFORD, Chairman. PONY, MONT., May 22, 1944. SENATOR MURRAY, Washington, D. C. DEAR SENATOR MURRAY: I am writing you this letter hoping that you can help me in a little matter. It is about an injury, a broken back, which I received while working for the Gallatin National Forest on a telephone line in Potosi Canyon in the Ennis district on May 9, 1942. As I had always lived in the mountains and was very healthy I did not pay much attention to the injury when I received it although my back and leg seemed badly hurt. I worked that summer although the pains kept getting worse. On October 3, 1943, I went to Dr. Hill of Whitehall, Mont., who took three X-rays of my back and found it to be broken. He has permitted me to refer you to him in regard to my condition. He sent me to Dr. Allard, of Billings, who also took X-ray pictures of my back and told me the back was broken, same as Dr. Hill, of Whitehall, Mont. Dr. Allard put me in bed in the St. Vincent Hospital in Billings, Mont., on a fracture bed for 28 days. I expected the Forest Service to pay the bill as I have worked for them 13 summers. The claim papers were made out by the district ranger at Ennis, Mont., and sent in to the Commission, but because I had been injured over a year before filing the claim they would not pay the hospital nor Dr. Allard. Dr. Allard's bill is $47 and the St. Vincent Hospital was $181. Dr. Hill's bill at Whitehall is $17. I have not been able to work since. I think the Drs. Hill and Allard are entitled to pay; also the St. Vincent Hospital, and as it is a legitimate claim I feel that the Government should pay it. I don't ask any compensation for my self as we are milking seven cows here on the ranch and myself and family will try to live on that till I get better, but it won't pay these bills. My boy went into the United States Navy May 8, 1944, so we are quite alone here my wife age 44, myself, a crippled boy, and a small girl 10 years old. We are born American citizens and our ancestry were. Any help you can give me in this matter will be greatly appreciated as I think these people should be paid by the Commission as the claim was legitimate. Thanking you for any help on this, I am, Yours truly, O GALEN E. WALTER. CHARLES R. HOOPER FEBRUARY 22, 1945.-Committed to the Committee of the Whole House and ordered to be printed Mr. RAMEY, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 249] The Committee on Claims, to whom was referred the bill (H. R. 249) for the relief of Charles R. Hooper, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 6, strike out the figures "$5,000" and insert in lieu thereof the figures "$3,000". An identical bill passed the House, Senate and was vetoed by the President, with the exception of the amount, which was $5,000. Your committee has amended the bill and recommend the sum of $3,000 be paid Mr. Hooper. A letter from him is included in this report for the information of the Congress. Also, included in this report are copies of Private Law 186, Seventy-third Congress; Private Law 467, Seventy-fourth Congress; and Private Law 97, Seventy-fifth Congress, which are almost identical bills. Your committee feel that Mr. Hooper is justly entitled to the sum of $3,000 for the loss of his eye and the suffering he has gone through for so many years. As stated in the Committee Report 830, Seventy-eighth Congress, Mr. Hooper's other eye is badly affected at this time. The facts will be found fully set forth in House Report No. 830, Seventy-eighth Congress, which is appended hereto and made a part of this report. [H. Rept. No. 830, 78th Cong., 1st sess.] The purpose of the proposed legislation is to appropriate the sum of $3,000 to Mr. Charles R. Hooper, of Washington, D. C., in full settlement of all claims against the United States for peronal injuries sustained while employed by the United States Navy Yard at Washington, D. C. STATEMENT OF FACTS It appears that Charles R. Hooper was employed by the Government in the Navy Yard in Washington, D. C., from May 1890 to March 1895, in the gun shop for the manufacture of large guns as a first-class blacksmith. While working in |