1st Session ARTHUR C. JONES No. 885 JUNE 23, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 275] The Committee on the Judiciary to whom was referred the bill (S. 275) for the relief of Arthur C. Jones, 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. 320. Eighty-first Congress, first session, which is appended hereto and made a part of this report. Your committee concur in the recom mendation of the Senate. IS. Rept. No. 320, 81st Cong. 1st sess. PURPOSE The purpose of the proposed legislation is to pay the sum of $4,881.36, plus the sum of $987.60 for medical expenses, to Arthur C. Jones, of Dover, N. H., in ful settlement of his claim against the United States for compensation for personal injuries sustained by him while employed at the United States Naval Shipyard Portsmouth, N. H. STATEMENT Arthur C. Jones was employed as a laborer at the United States Naval Shipvard, Portsmouth, N. H., where on July 28, 1942, a heavily loaded transfer truck operated by a fellow employee ran over his left foot. Gangrene set in and in September 1942 his left leg was amputated. He returned to work at the naval shipyard, developed gangrene in his right leg, and it was amputated in August 1943. He returned to work in November 1943, wearing two artificial legs, and continued to do very light work at the shipyard until 1948. At the time of his injury he reported it to his supervisor who sent him to the shipyard dispensary. He was there advised to soak his foot in warm water and to see his family physician. Forms which were later used at the shipyard for reporting accidents were not then in use. Mr. Jones believed that his visit to the dispensary constituted a report of the accident, and he several times inquired of the chief clerk about his claim for compensation. Employee compensation forms were in fact not filed. 2 Apr 1946 at the instance of Senator Charles W. Tobey, of New Hampshire, e of the case was made by the commander of the Portsmouth Naval toppard and a slim for compensation was executed in May 1946. In January Pte Lt was disallowed on the grounds of failure to comply with the time rminations of the Employees' Compensation Act and that the injury was not estan ated and disability was not shown to be due to the cause alleged. Addiwona evidence was submitted and the claim was again disallowed in February 2017 An appeal rested in a decision by the board in September 1947 affirming the denial on the ground that the claim had not been filed within the statutory period Attention is invited to the following letter, dated April 12, 1949, to the Honor- Hon. PAT MCCARRAN Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. DEAR SENATOR: In connection with S. 275, a bill for the relief of Arthur C. Jones, now pending before your committee, I wish to submit the following facts: This man was employed as a laborer at the United States Naval Shipyard, Portsmouth, N. H. In July 1942, while stacking boxes of flour, he sustained an injury when a transfer truck operated by a fellow employee ran over his left foot. Mr. Jones subsequently suffered amputations of both legs below the knees as a result of gangrenous processes caused by this injury. At the time of the injury it was reported to Mr. Jones temporary foreman, who sent him to the shipyard dispensary. There he was advised to soak his foot in warm water and see his family physician. The dispensary failed to make s record of this visit although it was known to the employee's supervisors and fellow employees. This was early in the war and the forms which were later used in recording such accidents were not in use. Employee compensation forms in his case were not filed, but Mr. Jones thought that his visit to the dispensary constituted a report of the accident. He has stated that at no time did he receive from any of the officers or supervisors in the navy yard advice as to how to handle a claim or what he should do to protect his rights because of the injury while on duty at the navy yard. Some months after the accident he approached the chief clerk to ask about his compensation and was told to return in 2 weeks, which he did but only to be told that it took time to handle such claims. As a result of the neglect in following through on this case by the employer, coupled with the ignorance of employee and his failure to understand what was required of him, the claim was not filed within the time limitation of 1 year as required by the Federal Employees' Compensation Act Law 161, Seventy-ninth Congress, extended the time limit for filing claims from 1 to 5 years, Mr. Jones claim was submitted to the Bureau of Employees' ComHowever, when Public pensation. However, the Bureau, rejected his claim on the ground that it was not filed within the 1 year time limit in effect at the time of the accident and contended that the claim was not eligible for consideration under Public Law 161. in spite of the fact that this act was retroactive in its application. On September 8, 1947, the claimant presented an appeal for reconsideration to the newly created Employees' Compensation Appeals Board of the Federal Security Agency Director of the Bureau of Employees' Compensation. On September 24, 1947, this Board upheld the decision of the After the loss of his feet the shipyard retained Mr. Jones as an employee until reductions in force made his separation necessary. He is now without means of support and his disability prevents his earning a living as a laborer me that his medical expenses (including consultations with his doctor and medical supplies) are increasing. mitted in a few days. An affidavit from his doctor to this effect will be subaccident while in the employ of the shipyard. This man is in a desperate situation as a result of his He tells Attached to this letter is copy of the Workmen's Compensation Law of the State of New Hampshire, with a memorandum showing its application to cases of permanent total disability. Also attached is letter dated November 24, 1947, from the Director of the Bureau of Employees' Compensation, which indicates the benefits Mr. Jones would have received under the Federal Employees' Compensation Act if the 12 C Bureau had approved his claim under Public Law 161, and a copy of Public Law 161. The consideration of the committee in this case is appreciated. Sincerely yours, C. W. TOBEY. Attention is invited to the following affidavit from Mr. Jones' physician: STATE OF NEW HAMPSHIRE, Strafford, ss: I, Emmett F. O'Gara, M. D., of Dover, in the county of Strafford, and State of New Hampshire, being duly sworn, do depose and say, that: Having been the physician who first treated Arthur C. Jones, following his injury at the Portsmouth Naval Shipyard, and having been his physician since that time continuously, I will state definitely that Mr. Jones, physically, is in no condition to be emploved, nor will he ever be in a condition to work for money. Dated before me, this 14th day of April 1949. EMMETT F. O'GARA, M. D. H. ARLINE HUTCHINS, Attention is invited to the following letter, dated November 24, 1947, to the Honorable Charles W. Tobey. United States Senator from New Hampshire, from William McCauley, Director. Bureau of Employees' Compensation. Federa Security Agency. Hon. CHARLES W. TOBEY, FEDERAL SECURITY AGENCY, BUREAU OF EMPLOYEES' COMPENSATION, United States Senate, Washington, D. C. DEAR SENATOR TOBEY: Reference is made to your letter of November 3, 1947 concerning the case of Arthur C. Jones. It is noted that you intend to introduce a bill for the relief of this man and that you wish the Bureau to furnish a full statement of the benefits he would have received had he been entitled to compensation under the Federal Employees' Compensation Act If payable, benefits would have commenced October 9, 1942, since the period prior to that time was covered by leave. Therefore, Mr. Jones would have received from October 9, 1942, to November 30, 1947, the sum of $1,290 based on total disability. From December 1, 1947, and continuing as long as claimant is totally disabled, he would receive benefits at the rate of $1,197.12 per year. The medical expenses to date, according to the Bureau's records, amount to $987.60. I trust that the above information will be sufficient for the preparation of your bill. However, the Bureau will be pleased to furnish any other information you desire. Very truly yours. WM. MCCAULey, Director. Attention is invited to the following letter, dated July 26, 1948, to the Honorable Alexander Wiley, the then chairman, Committee on the Judiciary, United States Senate, from Peyton Ford, the Assistant to the Attorney General, in regard to S. 1838, a similar bill in the Eightieth Congress. Hon. ALEXANDER WILEY, Chairman, Committee on the Judiciary, DEPARTMENT OF JUSTICE, Washington, D. C., July 26, 1948. United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 1838) for the relief of Arthur C. Jones. The bill would provide for payment of the sum of $7,500 plus the sum of $987.60 for medical expenses to Arthur C. Jones of Dover, N. H., in full satisfaction of his claim against the United States for compensation for personal injuries sustained by him while employed at the United States Naval Shipyard, Portsmouth N. H. In compliance with your request, a report was obtained from the Navy Department concerning this legislation. That report, which is enclosed, sets out in some detail the circumstances surrounding the injury alleged to have been sustained In April 1946, at the instance of Senator Charles W. Tobey, of New Hampshire, an investigation of the case was made by the commander of the Portsmouth Naval Shipyard, and a claim for compensation was executed in May 1946. In January 1947 the claim was disallowed on the grounds of failure to comply with the time limitations of the Employees' Compensation Act and that the injury was not established and disability was not shown to be due to the cause alleged. Additional evidence was submitted and the claim was again disallowed in February 1947. An appeal resulted in a decision by the board in September 1947 affirming the denial on the ground that the claim had not been filed within the statutory period. Attention is invited to the following letter, dated April 12, 1949, to the Honorable Pat McCarran, chairman, Committee on the Judiciary, United States Senate, from the Honorable Charles W. Tobey, United States Senator from New Hampshire: Hon. PAT MCCARRAN, UNITED STATES SENATE, COMMITTEE ON BANKING AND CURRENCY, April 12, 1949. Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. DEAR SENATOR: In connection with S. 275, a bill for the relief of Arthur C. Jones, now pending before your committee, I wish to submit the following facts: This man was employed as a laborer at the United States Naval Shipyard, Portsmouth, N. H. In July 1942, while stacking boxes of flour, he sustained an injury when a transfer truck operated by a fellow employee ran over his left foot. Mr. Jones subsequently suffered amputations of both legs below the knees as a result of gangrenous processes caused by this injury. At the time of the injury it was reported to Mr. Jones temporary foreman, who sent him to the shipyard dispensary. There he was advised to soak his foot in warm water and see his family physician. The dispensary failed to make a record of this visit although it was known to the employee's supervisors and fellow employees. This was early in the war and the forms which were later used in recording such accidents were not in use. Employee compensation forms in his case were not filed, but Mr. Jones thought that his visit to the dispensary constituted a report of the accident. He has stated that at no time did he receive from any of the officers or supervisors in the navy yard advice as to how to handle a claim or what he should do to protect his rights because of the injury while on duty at the navy yard. Some months after the accident he approached the chief clerk to ask about his compensation and was told to return in 2 weeks, which he did but only to be told that it took time to handle such claims. As a result of the neglect in following through on this case by the employer, coupled with the ignorance of employee and his failure to understand what was required of him, the claim was not filed within the time limitation of 1 year as required by the Federal Employees' Compensation Act However, when Public Law 161, Seventy-ninth Congress, extended the time limit for filing claims from 1 to 5 years, Mr. Jones claim was submitted to the Bureau of Employees' Compensation. However, the Bureau, rejected his claim on the ground that it was not filed within the 1 year time limit in effect at the time of the accident and contended that the claim was not eligible for consideration under Public Law 161, in spite of the fact that this act was retroactive in its application. On September 8, 1947, the claimant presented an appeal for reconsideration to the newly created Employees' Compensation Appeals Board of the Federal Security Agency. On September 24, 1947, this Board upheld the decision of the Director of the Bureau of Employees' Compensation. He tells After the loss of his feet the shipyard retained Mr. Jones as an employee until reductions in force made his separation necessary. He is now without means of support and his disability prevents his earning a living as a laborer me that his medical expenses (including consultations with his doctor and medical supplies) are increasing. An affidavit from his doctor to this effect will be submitted in a few days. This man is in a desperate situation as a result of his accident while in the employ of the shipyard. Attached to this letter is copy of the Workmen's Compensation Law of the State of New Hampshire, with a memorandum showing its application to cases of permanent total disability. Also attached is letter dated November 24, 1947, from the Director of the Bureau of Employees' Compensation, which indicates the benefits Mr. Jones would have received under the Federal Employees' Compensation Act if the Bureau had approved his claim under Public Law 161, and a copy of Public The consideration of the committee in this case is appreciated. C. W. TOBEY. Attention is invited to the following affidavit from Mr. Jones' physician: STATE OF NEW HAMPSHIRE, Strafford, s8: I, Emmett F. O'Gara, M. D., of Dover, in the county of Strafford, and State of New Hampshire, being duly sworn, do depose and say, that: Having been the physician who first treated Arthur C. Jones, following his injury at the Portsmouth Naval Shipyard, and having been his physician since that time continuously, I will state definitely that Mr. Jones, physically, is in no condition to be emploved, nor will he ever be in a condition to work for money. Dated before me, this 14th day of April 1949. EMMETT F. O'GARA, M. D. H. ARLINE HUTCHINS, Attention is invited to the following letter, dated November 24, 1947, to the Honorable Charles W. Tobey. United States Senator from New Hampshire, from William McCauley, Director. Bureau of Employees' Compensation. Federa Security Agency. Hon. CHARLES W. TOBEY, FEDERAL SECURITY AGENCY, BUREAU OF EMPLOYEES' COMPENSATION, United States Senate, Washington, D. C. DEAR SENATOR TOBEY: Reference is made to your letter of November 3, 1947 concerning the case of Arthur C. Jones. It is noted that you intend to introduce a bill for the relief of this man and that you wish the Bureau to furnish a full statement of the benefits he would have received had he been entitled to compensation under the Federal Employees' Compensation Act If payable, benefits would have commenced October 9, 1942, since the period prior to that time was covered by leave. Therefore, Mr. Jones would have received from October 9, 1942, to November 30, 1947, the sum of $1,290 based on total disability. From December 1, 1947, and continuing as long as claimant is totally disabled, he would receive benefits at the rate of $1,197.12 per year. The medical expenses to date, according to the Bureau's records, amount to $987.60. I trust that the above information will be sufficient for the preparation of your bill. However, the Bureau will be pleased to furnish any other information you desire. Very truly yours. WM. MCCAULEY, Director. Attention is invited to the following letter, dated July 26, 1948, to the Honorable Alexander Wiley, the then chairman, Committee on the Judiciary, United States Senate, from Peyton Ford, the Assistant to the Attorney General, in regard to S. 1838, a similar bill in the Eightieth Congress. Hon. ALEXANDER WILEY, Chairman, Committee on the Judiciary, DEPARTMENT OF JUSTICE, Washington, D. C., July 26, 1948. United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 1838) for the relief of Arthur C. Jones. The bill would provide for payment of the sum of $7,500 plus the sum of $987.60 for medical expenses to Arthur C. Jones of Dover, N. H., in full satisfaction of his claim against the United States for compensation for personal injuries sustained by him while employed at the United States Naval Shipyard, Portsmouth N. H. In compliance with your request, a report was obtained from the Navy Department concerning this legislation. That report, which is enclosed, sets out in some detail the circumstances surrounding the injury alleged to have been sustained |