No authority for examination or for medical or other treatment should be given in any case already disallowed by the Commission. With respect to cases requiring emergency treatment, see $ 22.2.**

22.6 Authority for dental treatment. All necessary dental treatment, including repairs to fixed false teeth, or to natural teeth, needed to repair damage done by an injury, will be furnished by the Commission. Such treatment shall be rendered by or upon the order of a United States Dental Officer or United States medical establishment, when available and practicable. If such facilities are not available, or treatment by such facilities is not practicable, no dental work should be authorized without obtaining in advance the approval of the Commission and after the submission of at least three estimates from reputable dentists as to the cost of the dental work to be done. (For cases requiring emergency treatment, see $ 22.2. For cases requiring artificial denture, see $ 22.9.)**

22.7 Medical examination. (a) An injured employee shall be required to submit to medical examinations as frequently and at such times and places as in the opinion of the Commission may be reasonably necessary. The injured employee may have a duly qualified physician, paid by the employee, present at the time of such examination. For any examination required by the Commission an injured employee shall be paid his expenses incident to such examination which, in the opinion of the Commission, are necessary and reasonable, including transportation expense and actual loss of wages incurred in order to submit to the examination authorized by the Commission.

(b) If the employee refuses to submit himself for or in any way obstructs any examination, his right to claim compensation under the law 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.*+

22.8 Medical referee examination. If there should be a disagreement between the physician making an examination on the part of the United States and the injured employee's physician, application may be made to the Commission for the appointment of a third physician, duly qualified, who shall make an examination.*i

22.9 Furnishing of orthopedic and prosthetic appliances, and dental work. When an orthopedic or prosthetic appliance, such as an artificial eye or limb, is deemed to be necessary by the attending physician by reason of an injury which has been found by the Commission to have occurred while in the performance of duty, application therefor may be made to the Commission, stating the necessity therefor, the approximate cost of such appliance, and a brief description thereof. Applications for repairs to such an appliance, furnished by the Commission will be made in the same manner. Where artificial denture is found necessary in such cases, application therefor may similarly be made.**

22.10 Recording and submission of medical reports. All physicians and hospitals shall keep adequate records of all injury cases

coming within the purview of any of the Acts cited in $ 21.1 that may be treated by them, sufficient to furnish the Commission with a history of the employee's accident, the exact description, nature, location, and extent of the injury found, the x-ray findings, where x-ray examination was made, the nature of the treatment rendered, and the degree of disability arising from the injury. A full report with respect to each injury case examined or treated by such physician or hospital shall be submitted on the reverse side of special Form C. A. 16 or special Form C. A. 17, used in authorizing treatment. Supplementary reports concerning the treatment rendered and the condition of the injured employee shall be submitted if required by the official superior or by the Commission.

A detailed supplementary report in the form of a letter should be made by the physician or hospital in every case of serious injury, especially injuries of the head and back, including cases requiring hospital treatment or prolonged care. The supplementary report should show the date when the case was first examined or treated, the patient's complaint, the condition found on examination, the diagnosis, a statement of medical opinion as to any relationship between the disability and the injury alleged, a report as to any other disabilities found not due to injury, a statement of the treatment given or recommended for the industrial injury, the degree of disability for usual or other employment as a result of the injury, the actual degree of loss of active or passive motion of an injured member, the amount of atrophy or deformity in a member, the decrease, if any, in muscular strength, the disturbance of sensation, the prognosis for recovery, and all other material facts. If the services of a specialist were required in the examination or treatment of an employee, a report of his findings upon examination, his diagnosis, his opinion as to the relationship of disability to injury, the treatment recommended by him, a statement of the degree of disability for work as a result of injury and the prognosis should be forwarded to the Commission for consideration in conjunction with other reports. In hernia cases Form C. A. 32 should be used. In eye injury cases a report on Form U. S. 205 is required, whenever loss of vision is claimed as the result of an injury. The requirements of this section or of any section in this part with respect to the form of medical, dental, hospital or other reports may be waived by the Commission.**

22.11 Submission of bills for medical and hospital services, for appliances and supplies. All charges for medical, hospital, surgical or other treatment or care of an injured employee shall be completely itemized and submitted for the Commission's consideration on Form S-69 which is provided by the Commission. Separate vouchers shall be submitted by each payee for services to each injured employee. Vouchers should be submitted when the employee is discharged from treatment, except when treatment extends for more than 30 days, in which event Form S-69 should be submitted at the end of each 30 day period. Vouchers shall be verified by the signature of the injured employee, and if such signature cannot be obtained, a concise explanation of the reason for the failure to secure such verification must be stated.

In cases handled by the Works Progress Administration, all vouchers must bear the certification of the official superior that the services covered by the voucher were rendered as claimed. In cases handled by other Federal establishments, only vouchers claiming amounts in excess of $25.00 need be so certified.**

22.12 Reimbursement for medical or hospital expense, transportation costs, loss of wages, and incidental expenses. If bills for medical, surgical, nursing, dental, or hospital services or supplies, or appliances, have been paid by an injured employee on account of an injury incurred while in the performance of duty, an itemized bill, receipted and signed by the person who has received payment, may be submitted to the Commission for consideration. If payment has been made to a hospital, corporation or firm, the receipted bill should, where practicable, bear the full signature and title of the person acting for the payee. Where the means of transportation is not furnished by the government, a claim for reimbursement of the cost of necessary transportation and of necessary incidental expenses incurred by an injured employee who has been authorized to travel for the purpose of securing medical or hospital treatment, appliances or supplies or for medical examination, may be submitted promptly to the Commission for consideration. Standard Form 1012 properly executed should be used for this purpose. Where transportation by automobile is furnished by an employee of the United States or by a relative of the injured employee, reimbursement may be made only for

gas and oil actually used in such transportation.** PART 23-CASES INVOLVING THE LIABILITY OF A

THIRD PARTY

Sec.

Sec. 23.1 Prosecution of third party action 23.4 Distribution of damages recovered by beneficiary.

by beneficiary. 23.2 Assignment of third party action. 23.5 Distribution of damages where 23.3 Refusal to assign or prosecute cause of action is assigned.

claim when required; effect. Section 23.1 Prosecution of third party action by beneficiary. If an injury or death for which compensation is payable under said Act (39 Stat. 742; 5 U.S.C. 751–793) 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 prosecute an action for damages against such third person. When required by the Commission, such cause of action shall be prosecuted in the name of the injured employee or of his personal representative by attorneys designated or approved by the Commission.*+

23.2 Assignment of third party action. If an injury or death for which compensation is payable under said Act is caused under circumstances creating a legal liability upon some person other than the United States to pay damages therefor, the beneficiary shall, if required by the Commission, assign any right of action he may have to the United States. All such assignments shall be in writing and no such cause of action shall vest in the United States unless and until the assignment is accepted by the Commission.**

23.3 Refusal to assign or prosecute claim when required; effect. Refusal on the part of a beneficiary to assign his right of action to the United States or to prosecute said action in his own name when required by the Commission shall deprive the employee of all rights to compensation.*i

23.4 Distribution of damages recovered by beneficiary. If an injury or death for which compensation is payable under said Act is caused under circumstances creating a legal liability upon some person other than the United States to pay damages therefor, and, as a result of suit brought by the beneficiary or by someone on his behalf, or as a result of settlement made by him or on his behalf, in satisfaction of the liability of such other person, the beneficiary shall recover damages or receive any money or other property in satisfaction of the liability of such other person on account of such injury or death, the proceeds of such recovery shall be applied, as follows:

(a) If an attorney is employed, a reasonable attorney's fee and cost of collection, if any, shall first be deducted from the gross amount of the settlement;

(b) There shall then be remitted to the Commission the full amount of compensation which has been paid on account of the injury, which shall include payments made on account of medical or hospital treatment, funeral expense, and any other payments that have been made by the Commission on account of the injury or death;

(c) Any surplus then remaining may be retained by the injured employee or his dependents, and the net amount of damages received by the beneficiary shall be credited against future payments of compensation to which the beneficiary may be entitled under the said Act on account of the same injury.**

23.5 Distribution of damages where cause of action is assigned. If the Commission realizes upon a cause of action assigned to the United States pursuant to section 26 of said Act (39 Stat. 747; 5 U.S.C. 776), it shall apply the money or other property so received in the following manner; namely:

After deducting the amount of any compensation paid in respect of the injury or death on account of which the cause of action arose, and the expense of such realization or collection, which sum shall be placed to the credit of the proper fund of the Commission, the surplus, if any, of such amount received shall be paid to the beneficiary and credited to that extent upon any future payments of compensation payable to him on account of the same injury.**

PART 24--COMPENSATION FOR DISABILITY AND DEATH

Sec.

Sec. 24.1 Compensation for disability. 24.3 Limitation of amount of compen24.2 Compensation for death.

sation for injury or death. Section 24.1 Compensation for disability. Compensation for disability under the special schedule of compensation established by the Commission, with the approval of the President, shall be paid in lieu of all other compensation to the employee as follows:

(a) In case of permanent and total disability, 6623 percent of the monthly wage received at the time of injury, to be paid during the continuance of such disability.

(b) In case of temporary total disability, 6643 percent of the monthly wage received at the time of injury, to be paid during the continuance of such disability.

(c) In case of permanent partial disability, 6623 percent of the monthly wage received at the time of injury, to be paid for the following periods: (1) Arm lost, 280 weeks' compensation. (2) Leg lost, 248 weeks' compensation. 3) Hand lost, 212 weeks' compensation. (4) Foot lost, 173 weeks' compensation. (5) Eye lost, 140 weeks' compensation. (6) Thumb lost, 51 weeks' compensation. 7) First finger lost, 28 weeks' compensation. 8) Great toe lost, 26 weeks' compensation. (9) Second finger lpst, 18 weeks' compensation. (10) Third finger lost, 17 weeks' compensation. (11) Toe other than great toe lost, 8 weeks' compensation. (12) Fourth finger lost, 7 weeks' compensation.

(13) Loss of hearing: Compensation for loss of hearing of one ear, 52 weeks. Compensation for loss of hearing of both ears, 200 weeks.

(14) Phalanges: Compensation for loss of more than one phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the first phalange shall be one-half of the compensation for loss of the entire digit.

(15) Amputated arm or leg: Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for a loss of the arm or leg; but, if amputated between the elbow and the wrist or the knee and the ankle, shall be the same as for loss of a hand or foot.

(16) Binocular vision or percent of vision: Compensation for loss of binocular vision or for 80 percent or more of the vision of an eye shall be the same as for loss of the eye.

(17) Two or more digits: Compensation for loss of two or more digits, or one or more phalanges of two or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the compensation for loss of a hand or foot.

(18) Total loss of use: Compensation for permanent total loss of use of a member shall be the same as for loss of the member.

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