Page:United States Statutes at Large Volume 44 Part 1.djvu/93

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-1; TITLE 5.·—~—E.XEUL"T1lE Db`l'AR1’ME,

,· ···· t·_ es the nmntbly pzxymermt to thedseneheiary is less them g ` R ,.,,,§§;;;, ez- it the h~e~m;·i§ciznr·y is er is about te beemne 41 zmm- ’ ,_ UN; {tf me United States, or if the commission determines é , gt ,1.,- mb bwt imert·>,ts of the beneficiary, the liability of

Mimi
··`it2‘1t<·S— for eenmeusaxuetx te such beneficiary may be

,,,,,·;;·g; 1;; the pa;vm<—m of :1 lump sum equal to the present

  • . ,» of ai; future gwagqzmeuts of c<>:;¤;»ea§ati011 eemputeil at -4 per
 um true elistmtnzt compounded annually. The probability

, _ ·%»·· hem·ii<·i;u·y`s death bef•»re` the expiration of the period ~ , __.-N; xxe%zit·lx lu- entitled to c0mp<·x1sat{0n shall` he ;de-

,¤én··fi werermling to the Amerk-sm Experiencix Table of Mgr-
t· zeém in case of mnxpensatien to the’wi<l0w or witlewer

Yew ¤h·c·e:1¢ed employee, such lump sum shall not exceed ,-»,·_—,· mt»utl1s` c0n1pt·HSati0!l.` The prubability of the happening

 muy eelaer c0nti1meney·atTtwting the amount ,OI` duration ei
 <*ulllpz*§}S${lClI1.Sllt1u’bf? disregzartled. (Sept. 7, 1916, c. 458,·

sl. ::s• stat. 7-16;) the t · e — ` M5. Netigre of inj¤ry.——·Every employee injured in the per-

·.~·m;:m·e of his tlutygcr some one on his behalf, shall, within
·»,·¤y-··i:lzt hears after the injury, give written notice thereof to

E izumediate superior of the employee. Such notice shall be

it··n by delivering it personally or by»,dep0`siting it properly

"~;;m;»=:l-axzel addressed ia ~tl1e mail] (S<>f>t_. 7, 1916, c. 458,`

.§T»,1~}{# Stat. 746.) ‘ · ° - . _ _

Tniti; Sante; requisites.--·—The notice shall state the name and

w§e1r<·a<s of the employee, the yeargznentln, day. and hour when

em the particular locality where the injury 0ccm·red, and the t··»u<¢· fllltl"ll&t§1I‘€_0t theinjury, and shall be-signed by and ¢···¤miiu the address of the person giving the notice. ·(Sept.— T. 1%•1•:.· <·. 458, 5 16, 39`Stat. 746.) " . . 767. Same; faikire te give.-;-U·nless notice is given within the { imv sgwiiied or unless the immediate superior has aétnal kn0w1· mso of the injury, no compensation shall be allowed, but for may reasonable cause shown, the commission may allow corn-- lgsvjsggitilln iftlge-,netice`is filed within one year aftertlre injury. tales. 7, 1916, C.451g;§iimim·§9>>lv§iKl£;—7“§3N r W e . 768. Written clai·m.——N0 compensation under this chapter mall be allowed to any person, egcept as provided in section TN of this‘title, unless __ he or_s0·me one on his behalf shall, within the time apecined in section 770 of this title, make a m‘§t¥<~gi claim therefor. Such claim shall be made by deliverlaw: it at the 0Hlee_et the_commission cr te any commissioner or zeqmy person W$h0H1_,ul€• commission maypy regulationldesigmate, or by cleposlting it in the mail properly stamped and zadtizmscd to the commission or to any person wnem the com- · xxaiwciexa may by regulation designate. (Sept. 7, 1916, C. 458, §_ 19, im Stat. -746,); ’ ‘ , __ A 769. Same; form and "reqaisites; waiver.-Every `claim shall l·e made im forms to be furnished by, the c0mmlesion·and_shall mmaézx all the information required ny the commission. Each, Heézzz 2—:h:tll`he s:w.x·m·n tcrhy the person entitled to compensation pr by the Déffétill ac·ting_on his behalf, 'tmd, except in case of‘· tigmla. shall be acecnnpanied by a ccrtlhcate obthe empl0yee's_

·h;¤·si¤·lan stating the nature of the,lnjary,_and ae nature and
¤··_.&.atl,le extent at the dieabilityh, Fur' any reasonable cause

emma the commisaion may waive the provisions of this seciien. (Sept. 7, 1918; c. 458,5 19,39 Stat.'746;) ‘ an ‘ “J _ ‘ 770; Time fer making claims.-—-All original qlaims fdr com-.

~··n~<atl¢»n fur. digabllity shall be made within sixty days after

me injury. All eriglnal claims for camp~en?tion for deaththall he matlejwithln one yearafter the edeath.; For any renauml;} muse shoévn the eommissien may allow eriglnal elalma for. ··~mpen>=atinn te: dlmblllty to be made atany time within One ‘ >‘¤~u‘r. (Sept, 7, 1916, c. 458, "§ 20, 39tStat. 747; June 13, 1922,.0. 1il€l,_42 Stat, 850,) , _ . t ‘· · . ’ 77l. Phyeéeal examiaatiann: refusal te · submit ta.?-—-After llw i;1jurjy.tlie,_•gmpl0yee shall, as‘freq.uentl$* and ,at,_S¤€h»`tY§Yw§ and places as may be reasonably required,. subm·lfhi%lf to

NTS, tail §¢is‘1;1£.&;, s_.s“,[2 1§M1’L€2ifi£E}3’S }"’?(} examination by a medical ciliccr of the Vnitetl States or by :1 duly qualified physician tlesignated or approyctl by the commission, ,Thc employee may hasce s duly zisstttiewl ;»l1ysiai.sn designated and paid by him present to partici;»al».· in assi; examination.* For all cxarninations after the first the canploycc shall, in the discretion of the coinxnission, hc paid his reasonable traveling and other expenses and loss oflxvanxcs incurred in order to submit to such examination, It the elxipiojtcc refuses to submit himself for or in any way obstructs any examination, his right to claim compensation under this rhaxptcr shall be suspended until such refusal or obstruction ceases. No compensation shall he payable while such refnml or obstruction continues, and the periotl of such refusal or obstruction shall be deducted from the period for which compmisalion is psy- ahlcfto him. (Sept. 7, 1916, c. 458, § 21, 39 Stat. 747.) 772. Same; disagreement. between physicians.--In cass- of any disagreement between the physician making 3ll‘0XHI}llI}&· tion on 'thepart of the United States and the employees physi-, clan the commission shall appoint a third physician, dsiy qualified, who shall make an examination. (Sept. 7, 1916, c._ 458, § 22, 39 Stat. {T4?.) - · ·‘ ` 173. Same; physicians’ fees.-—Fecs for examinations mode 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 tixed, by the commission. Such fees, and anyusum payable to the employee under section 771, shall he paldiout of the appropriation for the work of the commission. (Sept. 7, 191ti, c. 458, § 23,.39.‘Stat. 747.) ‘ , _ , ` 774.—_ Report to commission as to injury.—Immediately after an injury to an employee resulting in his death et. in his prohable disability, his immediate superior shall mahe a report to the commission containing such information as the cominission jmay» require, and shall thereafter `make such supplementary reports as the commission may require. (Sept. 7, 1916, c. 458, S24, 39 Stat. 747.) l t , _ T775; Assignment of claim for commnsatiom-—Any assignment of a claixn for compensation under this chapter shall lie void and all compensation and claims therefor shall he eicmpt from all claims of creditors. (Sept, 7, 1316, c. 458, § 25, 39 Stat. —74L7.) ` · _ .776. Subrogation of United States to employee? right of action; `aygnment by employee; disposition of moneys collected from lperaon liable.-—If anjnjnry or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability upon some person otherthan the United States » to pay damages therefor, the cogmission may require thebeneticiary to assign to the United States any right of action he may have to enfome ’such` liability of such other person or any right w`hich°·he may have to share in any money or other property received in satisfaction of suchdiability of such other person, or the commission may require said l.»enetlclary` to prosecute said action in his own name. ` If the beneficiary shall refuse to Illlll{(¥°‘S\l('ll assignment or to prosecute said action in his own name when rcquired_by_ the eommlssionfhe shallynot be entitled to any compensation un¢*·:r this chapter. ‘ .` _ ‘ The cause of action when assigned to the §nlted States may__ he prosecuted or compromised by the commission, and if the commission realizes upon such cause of action, it shall apply the moheyor other proporty"so received in the following inanner: After deducting the amount of any compensation already paid to the beneficiary and the expense of such 'realisation or collection, which sum shall he placed to the credit of U.l€—t}lll*· ployees’ compensation fund, the surplus, if apy, shall be paid to the benetlciaryvand credited upon any future payments of conipensation payable to" him on account cot the same injury. (Sept. 7, 1916, c. 45S,`}` 26, 39 Stat. 747.) i