IC-NRLF HD 4fl ISfl GIFT OF DOCUMENTS DEPT. C. A. 13 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION REGULATIONS CONCERNING DUTIES OF EMPLOYEES, OFFICIAL SUPERIORS, MEDICAL OFFICERS, AND OTHERS UNDER FEDERAL COMPENSATION ACT OF SEPTEMBER 7, 1916 COMMISSIONERS MRS. FRANCES C. AXTELL, CHAIRMAN JNO. J. KEEGAN R. M. LITTLE WASHINGTON GOVERNMENT PRINTING OFFICE 1918 C. A. 18 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION REGULATIONS CONCERNING DUTIES OF EMPLOYEES, OFFICIAL SUPERIORS, iMEDICAL OFFICERS, AND OTHERS UNDER FEDERAL COMPENSATION ACT OF SEPTEMBER 7, 1916 COMMISSIONERS MRS. FRANCES C. AXTELL, CHAIRMAN JNO. J. KEEGAN R. M. LITTLE WASHINGTON GOVERNMENT PRINTING OFFICE 1918 C/' CONTENTS. Page. Benefits Provided by the Compensation Act 7-9 Duties of Employees 11-18 1. First-aid treatment 11 2. Medical and hospital service without cost to employee by "designated" physicians and hospitals 11 3. Medical and hospital service not paid for, if employee refuses to accept what is provided 11 4. Medical and hospital service without cost where no physician or hos- pital has been designated 11, 12 5. Transportation to secure medical or hospital service 12 6. Notice of injury 12, 13 7. Claim for compensation on account of injury. 13 8. Waiver of affidavit when necessary 13, 14 9. Waiver of claim 14 10. Penalty for false statement in claim 14 11. Claim for payment for medical or hospital service 14 12. Semimonthly claims for continuance of compensation 14, 15 13. Medical certificates 15 14. Medical examinations 15 15. Refusal or obstruction of medical examination 15 16. Refusal to submit to hospital rules ." 15 17. Partial disability failure to return to work or to seek work when able will end compensation 15, 16 18. Partial disability certificate of inability to secure employment 16 19. Partial disability affidavits as to earnings in case of 16 20. Lump-sum compensation 16 21. Willful misconduct or intention to bring about injury, a bar to com- pensation 16 22. Intoxication, when the proximate cause of injury, a bar to compensa- tion 16, 17 23. Refusal of medical or surgical treatment 17 24. Claims for damages against third parties liable on account of personal injuries to employees 17, 18 25. Payments by mistake fc 18 Duties of Official Superiors 19-26 26. Definition of official superior 19 27. First aid treatment 19 28. Medical and hospital service to which injured employee is entitled 19 29. Medical and hospital service injured employee to be informed of his rights 19, 20 30. Medical and hospital services requests authorizing treatment of in- jured employees 20 31. Requests for medical or hospital sendee when official superior has doubt as to employee's right to treatment 20 32. Record of injury 20 33. Reports of injuries 20, 21 34. Partial disability injured employee should be given or secured work when able, if practicable ." 21, 22 380483 4 CONTENTS. Duties of Official Superiors Continued. p age . 35. Injured employee's ability to resume work examination in case of disagreements 22 36. Report of termination of disability 22 37. Permanent partial disability the injured employee to be informed of his rights 22 38. Report of death 22 39. Claim blanks to be furnished 22, 23 40. Waiver of claims 23 41. Certificates of official superiors 23 42. Claims officials should see that claim forms are completely and cor- rectly filled out 23, 24 43. Claims to be forwarded promptly 24 44. Claims on account of death 24, 25 45. Burial expenses. 25 46. Notice of action on claims 25 47. Notice to employees of their rights and duties 26 48. Insane injured employees to be transferred to hospital for insane 26 49. Preparation of reports and claims 26 50. Mailing of reports and claims 26 51. Requests for forms 26 Instructions Governing Medical, Surgical, and Hospital Services 27-38 52. Medical and hospital service to which injured employee is entitled. . . 27 53. Medical and hospital service available 27 54. First-aid treatment by United States medical officers 27 55. First-aid treatment in emergency 28 56. Bills for emergency first-aid treatment by private physicians 28 57. Ambulance service 28 58. First-aid dispensary treatment should be by medical officer or trained assistant 28 59. Records of injuries 28 60. Medical treatment without written request 28 61. Requests for medical treatment 28, 29 62. Car fare to secure medical and hospital service 29 63. Medical treatment will be given at dispensaries and hospitals wherever practicable 29 64. Dispensary service 29 65. Hospital service in emergency 29, 30 66. Hospital service approval of medical officer 30 67. Examinations and records preceding hospital treatment 30 68. Requests for medical or hospital service when official superior has doubt as to employee's right to treatment 30 69. Hospital treatment pending determination of injured employee's right to treatment 30, 31 70. Explanation of refusal of treatment to be made to employee 31 71. Medical or hospital treatment when medical officer has doubt of em- ployee's right to treatment 31 . 72. Orders for medical treatment in "designated " hospitals 31 73. Bills of "designated " hospitals 31, 32 74. Orders for medical treatment in hospitals to be submitted to Compensa- tion Commission with bills 32 75. Clinical records to be kept 32 76. Specialists to be employed when necessary 32 77. Bills for treatment by specialists 32, 33 CONTENTS. 5 Instructions Governing Medical, Surgical, and Hospital Services Con. page. 78. Treatment by osteopaths, chiropractors, etc 33 79. Burial expenses 33 80. Medical and hospital service not paid for if employee refuses to accept what is provided .33 81. Refusal of medical or surgical treatment 33, 34 82. Refusal to submit to hospital rules 34 ,83. Medical supervision of injured employees treated by private physicians. 84. Refusal or obstruction of medical examination 34 85. Statement of medical officer to be made in connection with claim. ... 34, 35 86. Medical referee to be employed in case of disagreement 35 87. Medical referee's examination official superior and injured employee may be represented by physicians 35 88. Medical referee's examination must be thoroughly impartial procedure . 35, 36 89. Disabilities not related to the injury, but prolonging treatment, to be immediately reported to Commission 36 90. Injured employee able to do light or modified work 36 91 . Hospital treatment in general ward to be furnished 36 92. Hospital treatment in private room conditions under which furnished . 36 PROCEDURE WHERE THERE ARE No UNITED STATES OR "DESIGNATED" PHYSICIANS OR HOSPITALS 36-38 93. Injured employee to select physician in case no United States or "designated" physician or hospital is available 36,37 94. Physicians' bills to be forwarded to Commission, and not paid by injured employee 37 95. Injured employee to select hospital, if necessary, where no United States or "designated " hospital is available 37 96. Hospital bills to be forwarded to the Commission, and not paid by employee 37 97. Transportation to be furnished upon authorization of Commission when necessary to secure adequate hospital treatment 37, 38 98. Medical examination of injured employee to determine whether disa- bility is due to injury 38 99. Insane injured employees to be transferred to hospital for insane 38 Duties of Beneficiaries of Deceased Employees 39-43 100. Claims for compensation 39 101. Penalty for false statement in claim 40 102. Lump-sum awards 40 103. Burial expenses 40 104. Embalming and transportation of bodies of deceased employees 40 105. Claims for continuance of compensation 41 106. Termination of right to compensation 41 107 . Penalty for accepting compensation after marriage '42 108. Change in the compensation payable to beneficiaries 42 109. Claims for damages against third parties liable on account of death ot employees 42, 43 110. Payments by mistake 43 Rulings of the Compensation Commission 45, 46 Definition of term ' ' while in the performance of his duty " 45 Hernia , 45, 46 Aggravation of preexisting physical defects 46 Sunstroke, heat prostration, frostbite, and lightning 46 Forms used in reporting inj uries and making claims 47-50 Text of the Compensation Act 51-61 Index to Regulations 62-64 BENEFITS PROVIDED BY THE COMPENSATION ACT. [For full provisions of Compensation Act see Text of Act, pages 51-61.] PERSONS PROTECTED BY THE COMPENSATION ACT. All civil employees of the United States and of the Panama Rail- ro'ad Co. INJURIES FOR WHICH COMPENSATION IS PAYABLE. Personal injuries sustained on or after September 7, 1916, while in the performance of duty, and causing disability for work (with loss of pay) for more than three days. But not when caused by : Willful misconduct of injured employee. Injured employee's intention to bring about injury or death to himself or another. Intoxication of injured employee (as proximate cause). MEDICAL SERVICE FURNISHED IN CASE OF INJURIES. For all injuries sustained on or after September 7, 1916, while in the performance of duty, whether resulting in disability or not. Reasonable medical, surgical, and hospital services and sup- plies, unless refused, and transportation to place of securing them if necessary. Services and supplies must be furnished by United States medical officers and hospitals if practicable ; if such services are not available, then by private physicians and hospitals designated by the Compensation Commission, a list of which will be found in the hands of the official superior or head of the establishment. Where there is no designated physician or hospital, or United States medical officer or hospital, any reputable physician licensed to practice medicine, or any hospital, may be employed. MONEY BENEFITS PAYABLE IN CASE OF DISABILITY. If disability is total, 66| per cent of the monthly pay (including value of subsistence and quarters, if furnished) during continu- 7 8 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. ance .of such disability, beginning on the fourth day of dis- ability, or on the fourth day after pay stops if leave with pay is taken, but not more than $66.67 nor less than $33.33, unless the monthly pay is less than $33.33, in which case the monthly compensation shall be the full amount of the monthly pay. If disability is partial, 66| per cent of the loss in wage-earning capacity due to the disability, subject to the same limitation as ' in the case of total disability. BURIAL EXPENSES PAYABLE IN CASE OF DEATH. Burial expenses not exceeding $100, and transportation of body of resident of United States dying away from home station, if relatives desire it. MONEY BENEFITS PAYABLE IN CASE OF DEATH. To dependents named below, monthly compensation equal to the specified percentage of deceased employee's monthly pay, which for computing this compensation shall be considered to be not more than $100 nor less than $50, but the monthly compensation can not exceed the monthly pay. To widow or wholly dependent widower, 35 percent of monthly pay of deceased employee until death or remarriage. And, in addition, for each child under 18, 10 per cent of monthly pay until death, marriage, or reaching the age of 18. " To one child under 18, if there is no widow or dependent widower, 25 per cent of monthly pay. To each additional child under 18, 10 per cent, To be divided .among the children equally. To be paid, until death, marriage, or reaching age of 18, to child's guardian. If there is no widow, or dependent widower, or child under 18 : To one parent, if wholly dependent, 25 per cent. To two parents, if wholly dependent, each 20 per cent. To parent or parents, if partly dependent, proportionate amounts, to be determined by the commission. To be paid for eight years, or until death, marriage, . or ending of dependency. If there is a widow, or dependent widower, or child under 18, dependent parents will be paid so much of above percent- ages as added to payments to w r idow or widower and chil- dren will not exceed 66J per cent of monthly pay. BENEFITS PROVIDED BY THE COMPENSATION ACT. 9 If there is no widow, widower, child, or dependent parent : To one person, 20 per cent of Brothers. Sisters. Grandparents. Grandchildren. If wholly dependent on deceased. If partly dependent on deceased. monthly pay. To more than one person, 30 per cent, share and share alike. To one or nnore persons, 10 per cent, share and share alike. To be paid, for eight years, or until death, marriage, or reaching age of 18. If there is a widow, widower, child, or dependent parent, dependent brothers, sisters, grandparents, or grandchil- dren shall be paid so much of above percentages as added to payments to widow, widower, child, and de- pendent parent, will not exceed 66f per cent of monthly pay- EMPLOYEE'S RIGHT TO MAKE CLAIM FOR COMPENSATION. The employee is entitled to have any claim for payment of com- pensation or medical or hospital service on account of an injury which he believes was sustained while in the performance of duty on or after September 7, 1916, passed upon by the Compensation Commission. 55930 18 2 DUTIES OF EMPLOYEES. 1. First-aid treatment, When a civil employee of the United States is injured in the performance of duty he should immediately go for treatment to the medical officer or dispensary of the establishment in which he is employed. If there is no medical officer or dispensary in the establishment, the injured employee should obtain from the official superior a request for treatment by the United States medical officer or hospital or by the " designated " physician or hospital. If there is no United States medical officer or hospital, nor " desig- nated " physician or hospital, then the employee may obtain needed treatment from any reputable private physician licensed to practice " medicine and surgery " under the laws of the State in which the employee resides or from any reputable well-equipped private hos- pital. 2. Medical and hospital service without cost to employee by " desig- nated " physicians and hospitals. Xecessary medical, surgical, and hos- pital services and supplies will be furnished to injured employees without cost to them, if given by the person in charge of the first-aid service of the establishment, by Government physicians, hospitals, or dispensaries, or by physicians, hospitals, or dispensaries "desig- nated " by the Compensation Commission, a list of which is in the hands of all medical officers and of the heads of all establishments. If the treatment is to be obtained outside the establishment, the official superior will furnish the necessary order for the same. 3. Medical and hospital service not paid for if employee refuses to accept what is provided. Any employee who refuses to accept the medical, surgical, or hospital services or supplies offered or pro- vided by the United States, will not be entitled to reimbursement for any such services or supplies he may himself select or secure. 4. Medical and hospital service without cost where no physician or hospital has been designated. In places where there are no physicians or hospitals designated by the Commission and no United States medical officers, hospitals, or dispensaries, the employee is author- ized to select for the treatment of his injury any reputable physician licensed to practice medicine and surgery. This rule does not author- ize the employment of doctors of osteopathy, chiropractors, mental 11 12 UNITED STATES EMPLOYEES 7 COMPENSATION COMMISSION. healers, etc., except as their services may be prescribed by persons licensed to practice medicine and surgery. In cases requiring hospital treatment, a reputable, well-equipped hospital should be selected, and treatment at general- ward rates is authorized. If the injury is such as to require a private room, the Commission will approve the necessary expenditure. An injured em- ployee may, however, in any case, select a private room, provided he pays the difference between the general-ward rate and that of the private room. An injured employee should not pay physicians' or hospital bills, but forward them without delay, through his official superior, to the Commission for settlement. Such bills should be itemized, showing the nature of the service rendered, and should be approved by the employee as correct. In selecting his physician, the injured em- ployee should inform him that the Employees' Compensation Com- mission will pay all reasonable charges, but that settlement will be based on the rates fixed or obtaining In the locality for persons re- ceiving the average income of United States civil employees. 5. Transportation to secure medical or hospital service. When author- ized by the Commission or by his official superior, an injured em- ployee may, whenever necessary to secure proper medical or hospital attention, travel at the expense of the Commission from his place of employment or his home, as the case may be, to the designated place where such treatment may be obtained, and return. Employees desiring to be reimbursed for transportation and other reasonable and necessary expenses incident to securing the necessary medical and surgical attention and supplies should send to the Com- mission for its action an itemized statement of such expenses, and, as regards transportation, a statement showing the dates of trips, the points between which each trip was made, and the cost of transpor- tation for each trip, so that the Commission may have sufficient data upon which to take action. Wherever practicable, injured employees will be furnished street car tickets by the medical or injury officer of the establishment, to be used in securing medical treatment. 6. Notice of injury. Whenever any injury is sustained by a civil employee of the United States while in the performance of his duties, he shall immediately report it to his official superior. If the injured employee is unable himself to give such notice, it should be given by some one in his behalf. Such notice should be given in the case of all injuries, even though they are so slight in character that the injured person has no intention of making a claim for compensation therefor. It often happens that an injury, which at first appears to be slight and causes no loss of time, results later in serious disability. // the injury is not reported at the time of occurrence, it may be impossible DUTIES OF EMPLOYEES. 13 later on to prove its occurrence and to establish a right to compere sation. This notice shall be given in writing on form C. A. 1, copies of which are furnished by the Commission to the various branches of the Federal service. It shall be delivered to the immediate superior either personally, or by depositing it, properly stamped and ad- dressed, in the mail. Unless notice of injury is given as above re- quired, within 48 hours, or the immediate superior has actual knowl- edge of the injury, or reasonable cause for failure of this notice ig shown, compensation may be refused. 7. Claim for compensation on account of injury. Compensation JOT disability will ~be granted for injuries sustained ~by employees while in the performance of their duties only when a formal claim is made therefor on form C. A. 4- The claim shall be made on the first page of that form by the person claiming compensation, or by some person acting in his be- half. It shall be in writing and shall be sworn to by the person claiming compensation, or by the person acting in his behalf. On the second page of the form shall appear the statements of witnesses, if any, and the statement of the establishment medical officer if the claimant has been given medical treatment by such an officer. On the third page shall be furnished the certificate of the physician who attended the claimant during the period of disability. When the first three pages of the claim have been completed, the claimant shall transmit it to his official superior so that the latter may fill out his certificate on the fourth page. If an injury seems likely to result in prolonged disability, a claim for compensation should be submitted at the expiration of 18 days after pay stops. If the disability is likely to last for less than 18 days, the claim for compensation should be submitted upon the termi- nation of such disability. In no case shall the submission of a claim for compensation be de- layed beyond 60 days after the injury, or compensation may be re- fused. The Commission is allowed at its discretion, however, to award compensation, if, for reasonable cause shown, a claim is filed within one year from the date of injury. 8. Waiver of affidavit when necessary. An injured employee desir- ing to claim compensation, who is confined to a hospital and is, therefore, unable to go to a notary public, justice of the peace, or other officer authorized to administer oaths generally, to make his affidavit on the claim form, is authorized to certify to the correct- ness of his statements in the claim before the superintendent or some other officer of the hospital in which he is confined. An injured employee who is in an isolated locality and unable to appear before a notary public, justice of the peace, or other officer 14 UNITED STATES EMPLOYEES ' COMPENSATION COMMISSION. authorized to administer oaths generally, may certify to the correct- ness of his statements in the claim for compensation before his official superior. 9. Waiver of claim. No person is authorized to require an injured employee to enter into any agreement either before or after an injury to waive his right to claim compensation, and any such waiver, if secured, will not affect the employee's right later to claim compensa- tion from the Commission. 10. Penalty for false statement in claim. Any false statement know- ingly made by a claimant in a claim for compensation on account of injury or medical, surgical, or hospital services, or supplies, consti- tutes perjury and renders the claimant guilty thereof liable to a fine of not more than $2,000, or imprisonment for not more than one year, or to both such fine and imprisonment. 11. Claim for payment for medical or hospital service. In all cases where medical or hospital services or supplies are to be paid for by the Commission the bills should be forwarded, unpaid, by the claim- ant, through his official superior, or by the physician or hospital furnishing the services or supplies. Nothing further is required in those cases where a claim for compensation has already been submitted. When, however, an injured employee does not claim compensation on account of time lost, but when a bill for medical or hospital service and supplies against the Compensation Commission has been in- curred, payment therefor will be made direct to the physician or hospital furnishing the same. In order that the Commission may have evidence that the service was rendered and that the bill is a proper one, formal claim should be made by the employee for these expenses on form C. A. 6. 12. Semimonthly claims for continuance of compensation. An em- ployee whose injury results in disability continuing beyond the time covered by the first payment of compensation shall, on the 1st and 16th of each month, or as soon after each of these dates as prac- ticable, fill out his portion of form C. A. 8, secure the certificate of the official medical officer at his place of employment (if there is one and he has been treated by such officer), together with the certificate of the attending physician, in cases where he has been treated by a physician other than the official medical officer, and then transmit the form to the official superior, who will fill out his certificate and forward the same to the Commission. These forms, requesting a continuance of compensation on account of disability, serve as the basis for the compensation payments for the periods which they cover and should be submitted promptly on the dates named in order to avoid delay in payment. Failure to furnish such semimonthly DUTIES OF EMPLOYEES. 15 certificates will be regarded by the Commission as evidence of the employee's recovery and will result in a stoppage of compensation payments unless evidence of disability satisfactory to the Com- mission is later furnished. 13. Medical certificates. Injured employees claiming compensation on account of disability shall furnish such medical certificates as their official superiors or the Commission may require from time to time. 14. Medical examinations. Every employee claiming compensation for disability shall submit to medical examination whenever re- quired by the Commission or by his official superior or by the medical officer in charge of his case. The employee may, if he desires, have a duly qualified physician, selected and paid by him, present to par- ticipate in such examination. For all medical examinations after the first the employee may, in the discretion of the Commission, be paid his reasonable traveling and other expenses and loss of wages incurred in order to submit to such examination. Employees desir- ing to be reimbursed for their traveling expenses or loss of wages for such examinations after the first, should submit itemized statements to the Commission showing: First, the dates of trips; second, the points between which each trip was made ; third, the transportation charges for each trip ; and, fourth, the amount of wages lost by rea- son of each trip, in each case stating the dates, as well as the number of days or fractional parts of days, and the actual wage loss for such days or fractional parts thereof. 15. Refusal or obstruction of medical examination. If an employee refuses to submit himself for, or in any way obstructs, any medical examination, his right to claim compensation shall be suspended until such refusal or obstruction ceases. No compensation will be paid while such refusal or obstruction continues, and the period of such refusal or obstruction will be deducted from the period for which compensation is payable to him. 16. Refusal to submit to hospital rules. An injured employee sent to a hospital for treatment should understand that compliance with all reasonable hospital rules and requirements is necessary, and that a refusal on his part to submit to such rules and requirements, which results*in discharge from a hospital, may be construed by the Com- mission as a refusal to accept the treatment furnished under the terms of section 9 of the Compensation Act, in which ease further medical or hospital treatment will not be furnished by the Com- mission. 17. Partial disability Failure to return to work or to seek work when able will end compensation. When total disability to perform work ceases and the employee is able to perform a part of his usual duties, 16 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. or to perform work of a different nature, he must seek such suitable work as he is able to perform, unless it has already been provided for him, and shall accept such work or offer of work secured for him. Failure to do so will result in the forfeiture of the right to receive any compensation. During the continuance of partial disability an employee is en- titled to two-thirds of the difference between the wages earned in his occupation at the time of the injury and the wages earned in the position he is able to fill during the partial disability. 18. Partial disability Certificate of inability to secure employment. Employees partially disabled and receiving full compensation, due to their inability to secure suitable employment, shall furnish with Form C. A. 8 requesting a continuance of compensation payments on the 1st and 16th of each month, a statement that they have sought but have neither been offered nor been able to secure work which they are capable of performing. This statement may be made in the form of a letter addressed to the United States Employees' Compensation Commission. Failure to furnish this certificate will result in the stoppage of compensation payments until the same is furnished. 19. Partial disability Affidavits as to earnings in case of. Em- ployees receiving compensation for partial disability shall, whenever required by the Commission, make affidavit stating the exact wages which they are receiving, including as a separate item the value of housing, board, lodging, and other advantages received by them from their employers as a part of their remuneration. Failure to make such an affidavit when required will result in forfeiture of com- pensation during the period of such failure. Any false statement knowingly made in such affidavit by an employee constitutes perjury, and renders the claimant guilty thereof liable to punishment by a fine of not more than $2,000 or by imprisonment of not more than one year, or by both such fine and imprisonment. 20. Lump-sum compensation. The Commission is permitted under the law to make lump-sum awards in cases of death or of permanent total or permanent partial disability, but it is not the policy of the Commission to make such lump-sum payments unless it can be con- clusively shown that such action is for the best interests of the beneficiary. 21. Willful misconduct or intention to bring about injury, a bar to compensation. No compensation can be paid to an injured employee or his beneficiaries on account of an injury or death resulting from the willful misconduct of such employee, or from his intention to bring about the injury or death of himself or other persons. 22. Intoxication, when the proximate cause of injury, a bar to com- pensation, No compensation will be paid to an injured employee DUTIES OF EMPLOYEES. 17 or his beneficiaries if intoxication of the employee constitutes the proximate cause of his injury or death. 23. Refusal of medical or surgical treat ment.No compensation will be paid on account of the death or disability of an employee if his death is caused, or if and in so far as disability is caused, continued, or aggravated by an unreasonable refusal to submit to medical treat- ment or to any surgical treatment, the risk of which is inconsider- able, in the opinion of the Commission, based upon expert medical or surgical advice. 24. Claims for damages against third parties liable on account of per- sonal injuries to employees. Whenever an employee sustains a per- sonal injury while in the performance of his duties for the United States so as to create a liability on some one other than the United States to pay damages on account of such injury, the injured em- ployee shall, if required by the Commission, assign to the United States, on a form which will be provided by the Commission in each case, any right of action on account of such liability that he may have against the person responsible. If the Commission determines that the injured employee shall not assign his right of action to the Com- mission, he may be required by the Commission to prosecute or com- promise such action in his own name. Refusal to make such an assignment or to prosecute or compromise an action in his own name, when required by the Commission to do so, will deprive him of all right to compensation. Even though the employee prefers to prosecute or compromise his claim in his own name, he should not fail to report his injury and to consult with the Compensation Commission. A settlement for an amount apparently satisfactory might prove wholly inadequate in case of unexpected delayed disability or of a recurrence of disability after settlement. Compensation in the latter case, which is provided by the Compensation Act, should not be forfeited by the employee without serious consideration and without a full understanding of the consequences of the course of action decided upon. If the net amount received in settlement (the total sum less attor- ney's fee and costs of suit) is less than the amount of compensation and other benefits payable to the employee under the Compensation Act, he will be entitled to receive the difference from the funds of the Compensation Commission, and, in cuse of a recurrence of dis- ability after the settlement, he will be er titled to the full benefits pro- vided by the act. In case the net amount received in settlement is in excess of the benefits payable to the employee under the Compensa- tion Act, he shall be entitled to retain all of such amount, unless he has already received benefits from the funds of the Compensation Commission, in which case such benefits shall be returned to the 55930 IS 3 18 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. Commission; in case of a recurrence of disability, the employer shall not be entitled to receive further benefits from the funds of the Compensation Commission until the total amount of benefits payable by the Commission on account of his injury exceeds the net amount which he has recovered from the person against whom suit was brought or with whom settlement was made. Any employee receiving any money or other property in settlement of a claim for damages for personal injury, as above described, either as a result of a suit brought by him, or as a result of a settle- ment out of court, shall report to the Commission, as soon as such money or other property has been received, the amount of money or the value of the property so received, together with a statement show- ing the costs of the suit, if any, and the amount of the attorney's fee. The Commission, after determining what is a reasonable attor- ney's fee in each case, will then inform the employee of the amount, if any, he is to refund to the United States on account of any com- pensation which may already have been paid him by the United States. If the amount so recovered exceeds the amount already paid the employee by the Commission, the difference between these two amounts constitutes a surplus which will be considered by the Com- mission as a credit against which future payments of compensation payable on account of the same injury will be charged. 25. Payments by mistake. Employees paid compensation by the Commission under a mistake of law or of fact shall, as soon as the mistake is discovered or their attention is called to the same, refund to the Commission any amount so paid. Failure to make such refund will result in prosecution by the Commission. DUTIES OF OFFICIAL SUPERIORS. 26. Definition of official superior. The term " offi-cial superior " in- cludes all officers and employees having direction or control of civil employees in the service of the Federal Government. 27. First-aid treatment. As soon as knowledge of an injury to an employee under his jurisdiction comes to the attention of an official superior, he should direct the employee to apply immediately to the dispensary or medical officer, if there be one, for examination and first-aid treatment. Arrangements should be made with the United States hospital, or with a hospital designated by the Compensation Commission, to respond with the ambulance to all emergency calls received from proper Government officials, and to admit injured employees in such cases to the hospital without delay. In all cases form C. A. 16 or a letter of request should accompany the injured employee to the hospital or be sent within 48 hours from the time of the call. A duplicate of this form or request should immediately be forwarded to the Commission. In all places where there is a considerable number of employees on duty, the officer in charge of the work should make such provision for first-aid treatment as his resources will permit. 28. Medical and hospital service to which injured employee is en- titled. When civil employees of the United States are injured while in the performance of their duties, they are, by the terms of the Fed- eral Compensation Act of September 7, 1916, entitled to " reasonable medical, surgical, and hospital services and supplies " for the injury, whether or not disability has arisen. Where practicable, such services and supplies must be furnished by the person in charge of the first-aid service of the establishment, by Government physicians, hospitals, or dispensaries, or by physi- cians, hospitals, or dispensaries designated or approved by the Com- pensation Commission, a list of which can be obtained from the Com- mission, and should be kept on hand by the medical officers and the heads of establishments. 29. Medical and hospital service Injured employee to be informed of his rights. The superior officer should inform injured employees of their rights to medical and hospital service, as explained fully in sections 2, 3, 4, and 5 of the regulations concerning " Duties of em- ployees," and of the names and addresses of United States medical 19 20 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. officers and hospitals, and " designated " physicians and hospitals available in the locality. 30. Medical and hospital services Bequests authorizing treatment of injured employees. In cases of injury where it is practicable to utilize the services of any Government physician, hospital, or dispensary, or of a physician, hospital, or dispensary " designated " by the Compen- sation Commission, the official superior should give the injured em- ployee a request, form C. A. 16, or a letter of request in duplicate to the medical officer, hospital, or dispensary, asking that necessary treatment be given. This request should recite the facts that the bearer giving the name is an employee of the United States, em- ployed at -giving the name of the office or establishment that he was injured in the performance of duty on giving the date and that treatment is requested under the Compensation Act. 31. Requests for medical or hospital service when official superior has doubt as to employee's right to treatment. If, for any reason, the offi- cial superior is in doubt as to whether or not an injured employee is entitled to medical relief under the Compensation Act, he should immediately communicate the circumstances, outlining his doubt, to the Commission, and furnish said injured employee a request, form C. A. 16, or letter, which should state the reasons for his doubts, and request the medical officer or " designated " hospital officials to fur- nish relief until a decision can be reached as to whether or not the case is a proper one for treatment under the Compensation Act. The employee should be kept in hospital under observation and treatment until the official superior of the employee or medical officer or " desig- nated " hospital official is convinced that the employee is not entitled to the benefits of the Compensation Act. In such cases the Compen- sation Commission will be responsible for the payment for treatment up to and including the date on which it is decided the employee is not entitled to medical relief under the Compensation Act. 32. Kecord of injury. Whenever an injury to an employee comes to the knowledge of the person in charge of such employee, he should immediately secure a record of the cause, nature, and extent of the injury, however slight. He should see that each employee under his direction who is injured submits within 48 hours a notice of injury on form C. A. 1. The names and testimony of witnesses should also be secured, and such testimony should cover fully all the circum- stances which have a bearing upon the injury. 33. Eeports of injuries. Every injury resulting in any medical charge against the Compensation Commission 1 or in any loss of time beyond the day, shift, or turn in which it occurs, should be reported by the official superior on form C. A. 2, " Eeport of Injury," and should be submitted to the United States Employees' Compensation Commis- 1 In forwarding any medical or hospital bill, care should be taken that it is accom- panied by forms C. A. 1 and 2. if not previously submitted. DUTIES OF OFFICIAL SUPERIORS. 21 sion, Washington, I}. C., as soon as practicable after the injury. Form C. A. 1, " Notice of Injury," should be forwarded to the Com- mission with the " Report of Injury." If the disability seems likely to last not more than 3 days, both C. A. 1 and C. A. 2 may be held until the employee has returned to work, and then forwarded to the Commission at the same time. Each question on the report of injury should be answered by the official superior as clearly and in as complete detail as possible. In answering question 19 in the " Report of Injury," the rate of pay for a regular or legal day should be given. If the employee is entitled to increased pay, on account of night work or for any other reason, the amount or per cent of the same should likewise be given separately. For instance, if 8 hours constitute a regular legal day's work, the rate for 8 hours should be given. Particular care should be exercised to furnish a detailed statement in connection with question 43 on form C. A. 2, if the injury was caused under circumstances creating a lia- bility upon some person other than the United States to pay damages on account of such injury. Whenever an employee fails to report his injury within 48 hours, he should be required to furnish a written explanation of his failure to do so, which should be forwarded to the Commission with his claim. Xo letter of transmitted is necessary to accompany any report or claim submitted to the Commission, unless it is necessary to convey information not furnished in the formal report or claim itself. Xo forms should be used by official superiors in reporting injuries or deaths, or by claimants in making claims for compensation, except those issued by the Commission. Forms used in the admin- istration of previous compensation laws by the Department of Com- merce and Labor, Department of Labor, or Post Office Department, should not, under any circumstances, be used. Attention is called to the four rules of the Commission, printed on pages 45 and 46 of these regulations. When an injury occurs to which any one of these rules is applicable, care should be taken that all the information is given on form C. A. 2 necessary to enable the Com- mission to determine whether, under the circumstances in the par- ticular case, compensation is payable under the rule in question. 34. Partial disability Injured employee should be given or secured work when able, if practicable. When, total disability to perform work ceases and the employee is able to perform a part of his usual duties or to perform work of a different nature, he should be assigned such work, if practicable. If such work is not available, the injured employee should be instructed to seek suitable work until such time as he may be able to resume his former duties. He should be in- 22 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. formed of Jiis rights and duties in case of ^partial disability, as explained in full in sections 17, 18, and 19 of the regulations con- cerning " Duties of Employees." 35. Injured employee's ability to resume work Examination in case of disagreements. If there is disagreement between the injured em- ployee and his official superior or the official medical officer, or if there is doubt as to the employee's ability to resume the work of his occupation or some other work of which he is capable, a medical examination should at once be ordered by the official superior, as provided in section 35 of the medical regulations. 36. Report of termination of disability. Whenever an injured em- ployee is able to return to work after his period of total or partial disability has ended, his official superior snould immediately report the termination of such disability to the Commission on form C. A. 3. In cases where an employee resumes work on Monday and is paid for the preceding Sunday, a statement to that effect should be made under " Remarks." If payment during disability has been made for any other reason, the dates on which such payments were made and the reasons for making them should likewise be shown. 37. Permanent partial disability The injured employee to be informed of his rights. When any employee has sustained a permanent partial disability, but has resumed work at the same rate of pay as before injury, the superior officer should inform him that, under the pro- visions of the Compensation Act, the right to claim compensation still belongs to him whenever the disability shall result in any loss of earnings. If the existing employment should be terminated and the injured employee should be employed at a lower rate of pay elsewhere, he would be entitled to claim compensation amounting to two-thirds of the difference in wages. 38. Eeport of death. If an injury results in death before the report of injury on form C. A. 2 has been submitted to the Commission, the report of death on form C. A. 3 should accompany the report of injury on form C. A. 2. If death results after the "Report of Injury " has been forwarded to the Commission, a report of death on form C. A. 3 should at once be made and forwarded to the Com- mission. If the death does not immediately follow the injury, the report of termination of disability on the upper half of form C. A. 3 should be filled out, so far as applicable to the case, in addition to the lower half of the form which constitutes the report of death, with special reference as to the date on which the employee's pay stopped and the period for which his disability compensation may be payable. 39. Claim blanks to be furnished. Whenever a disability has lasted for more than 3 days, and the injured employee will not use annual or sick leave to cover any portion of the disability for which he may DUTIES OF OFFICIAL SUPEBIORS. 23 be entitled to claim compensation, the official superior should furnish such employee with a blank form on which to make a claim for compensation, and call his attention to the provisions of the Com- pensation Act, suggesting to him, however, that the claim should not be made until 18 days after his pay has stopped, or. if the dis- ability is of shorter duration, until the disability has terminated. If an injured employee should become insane or otherwise men- tally incapacitated, either temporarily or permanently, before he has submitted a claim for compensation, the official superior should ad- vise the employee's nearest available relative or friend to have some one appointed as the guardian or other legal representative of such employee, in order that a claim for compensation and, in case of continuing disability, request for continuance of compensation pay- ments may be made by the legal representative acting in behalf of the employee. If the mental incapacity is of such a degree of severity as to re- quire hospital treatment, the official superior should promptly com- municate with the Commission, so that arrangements may be made to have the employee admitted for treatment to a designated hospital for the insane. 40. Waiver of claim, Xo official superior is authorized to require an injured employee to enter into any agreement either before or after an injury to waive his right to claim compensation, and any such waiver, if secured, will not affect the employee's right later to claim compensation from the Commission. Employees should not be encour- aged, either directly or indirectly, to waive such right, but rather should be afforded every proper facility in submitting their claims for any injury sustained while in the performance of duty resulting in a loss of time for which they are entitled to claim compensation, in order that such claims may be passed upon 'by the Commission ac- cording to their merits. 41. Certificates of official superiors. Before forwarding reports of injuries, reports of death, reports of termination of disability, claims for compensation, requests for continuance of compensation pay- ments, or any other forms requiring the certificate of an official superior, care- should be exercised to make certain that all of the questions asked in the certificates are fully answered, and that the certificates are signed. 42. Claims Officials should see that claim forms are completely and correctly filled out. Official superiors should make certain that state- ments of witnesses, if any, are furnished on the second page of the claim for compensation on account of injury, or if there is not suffi- cient space for the purpose on that page, such statements should be made on separate sheets and attached to the claim. 24 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. Before forwarding a claim for compensation, the official superior, before signing his certificate, should examine the claim to see that all of the information called for that can possibly be furnished has been inserted and that it is in agreement with the forms previously submitted, or that any discrepancies, such as, for example, in the date of injury, rate of pay, etc., are explained before the claim is forwarded to the Commission. When this is overlooked, much un- necessary correspondence and delay in the payment of claims is the inevitable result. 43. Claims to be forwarded promptly. All claims for compensation, when filled out and presented by injured employees to their official superiors, should be forwarded promptly to the Commission. Em- ployees should be encouraged to submit their claims through their official superiors in accordance with section 7 of the regulations con- cerning the " Duties of Employees." 44. Claims on account of death. If the death of an employee results from an injury within 6 years, the law provides for the payment of compensation to the beneficiaries enumerated in section 10 of the law. The claim should be signed by the person making the claim or his duly authorized representative. There should be given on the first page of the claim the names and addresses of all persons who may be entitled to compensation on account of death, together with the ad- dress of the person making the statement, which should be sworn to by such person. Oaths of claimants residing in foreign countries should be made be- fore a United States consular officer or secretary of legation; or, if before a local official, a certificate of such United States consular officer or secretary of legation, showing the authority of the local official to administer oaths, should be annexed. A certified copy of the death certificate should accompany the claim for compensation, but if, for any reason, it can not be secured, a full explanation should be given at the bottom of the first page of the claim form C. A. 5. If the relationship to the decedent of any person entitled to claim compensation is that of adoption, a certified copy of the order of adoption should accompany the claim. Certified copies of the marriage certificate, either civil or church, in the case of a widow or widower, and of the civil birth records of children by or on behalf of whom compensation is claimed should accompany each claim. The furnishing of these various records at the time the claim is forwarded to the Commission will eliminate unnecessary correspond- ence and delay, and will expedite the prompt disposition of the claim by the Commission. DUTIES OF OFFICIAL SUPERIORS. 25 Copies of civil records of birth should be furnished wherever pos- sible. If, however, there are no civil records, properly authenticated copies of church records of birth should be submitted with the state- ment that it is impossible to obtain copies of any civil records. Each claim for compensation on account of death should be sub- mitted to the Commission through official channels within 60 days after death occurs. If not so submitted, an explanation of the delay must accompany the claim. A claim on account of death must, in accordance with the abso- lute requirement of the law, be filed within one year after death, in order to permit the payment of compensation by the Commission. 45. Burial expenses. Personal representatives of deceased em- ployees will be reimbursed for the burial expenses of such employees in an amount not to exceed $100, in the discretion of the Commission. If an executor of the estate of a deceased emploj^ee has been desig- nated, or if an administrator of the estate has been appointed, the name, address, and designation, and a certified copy of the creden- tials of such person should be furnished the Commission by the beneficiary claiming compensation. If there is neither an executor nor an administrator of the decedent's estate, that fact should be stated by the beneficiary claiming compensation, in order that the Commission may take the necessary steps to ascertain who is the per- sonal representative. In the event that there is no executor, administrator, or other per- son who might be entitled to be named as the personal representa- tive of the decedent, payment of the burial expenses may be made by the Commission to the undertaker, provided the latter makes affi- davit to the effect that the services stated in the bill rendered have been performed, that the prices charged therefor are reasonable, and that he has not received and will not receive payment of any part of the burial expenses from any source other than the Compensation Commission. Itemized bills covering burial expenses should be submitted to the Commission with each claim for compensation on account of death, or if that is not possible, then as soon after the claim has been sub- mitted as practicable. 46. Notice of action on claims. Each injured employee will be noti- fied by the Commission of the action taken upon his claim for com- pensation, and if an award is made, such notice will accompany the check covering the first payment made to him. A copy of this notice will also be forwarded to his official superior. Whenever a claim for compensation is disapproved, the Commis- sion will notify the claimant of the fact, together with a brief state- ment of the reasons therefor, and a copy of this notice also will be forwarded to the official superior. 55930 18 4 26 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. 47. Notice to employees of their rights and duties. The Commission has distributed throughout the Federal service copies of placards for posting on bulletin boards and other convenient places, outlining briefly the rights and duties of employees under the Compensation Act. These placards should be kept posted in conspicuous places for the information and guidance of employees. Additional placards may be secured from the Commission upon request. 48. Insane injured employees to be transferred to hospital for insane. When practicable, insane injured employees entitled to the benefits of the Compensation Act will be transferred either to a designated hospital for the insane or to the Government Hospital for the Insane at Washington, D. C. Bequests for such transfer should in each case be made to the Commission. 49. Preparation of reports and claims. It is suggested that, in order to secure uniformity in the method of preparing forms, such work be delegated to one person in each establishment wherever practi- cable. This method will insure uniform handling of the forms used in connection with the reporting of injuries and in making claims for compensation, and will enable the person so delegated to thor- oughly familiarize himself with the rules and regulations governing the operation of the Compensation Act, and result in the avoidance of errors due to a misunderstanding of the details of some of the forms. 50. Mailing of reports and claims. Each establishment sending reports of injuries, claims, or other forms to the Commission should, wherever practicable, mail them, without folding, in large envelopes, and they should be sent immediately after the information called for has been inserted in the proper places. 51. Bequests for forms. Supplies of forms to be used in reporting injuries and deaths, and in making claims for compensation therefor, may be obtained direct from the Commission upon request. Post offices other than those of the first class may obtain these supplies direct from the nearest first-class post office, as stated in the notice appearing in the November 5, 1917, issue of the Daily Bulletin of Orders Affecting the Postal Service. INSTRUCTIONS GOVERNING MEDICAL, SURGICAL, AND HOSPITAL SERVICES. 52. Medical and hospital service to which, injured employee is en- titled. When civil employees of the United States are injured while in the performance of their duties, they are (by the terms of sec. 9 of the Federal Compensation Act of Sept. 7, 191G) entitled to "reason- able medical, surgical, and hospital services and supplies" for the injury, whether or not disability has arisen. 53. Medical and hospital service available. A list of all available United States dispensaries and hospitals will be furnished by the Commission to medical officers and the heads of establishments upon request. A list of available United- States medical officers, dispensaries, and hospitals, and private physicians, dispensaries, and hospitals desig- nated and approved by the Commission will be published and dis- tributed from time to time. Civilians employed by the United States in the vicinity of a per- manent or fixed Army hospital, who sustain personal injuries while in the performance of duty, will be admitted thereto, when beds are available, upon the written request of the officers under whom they are employed. Such request will be addressed to- the officer in charge of the hospital and will recite the facts of employment and of per- sonal injury while in the performance of duty. Injured civilian em- ployees thus admitted to hospital will be furnished medical and surgical care therein for a reasonable time: Provided, That this au- thority is. not applicable to cases to which other United States hos- pitals are more convenient of access. 54. First-add treatment by United States medical officers. The medical officers stationed at navy yards, arsenals, industrial establishments, and other places of employment in the Federal service should cooper- ate in every way practicable with heads of departments to educate the employees as to the need for proper first aid and encourage them to report at the dispensary or first-aid station for examination and treatment of all injuries, even though they may appear to be trivial or slight. It is essential that adequate first aid should be provided to injured employees immediately after the injury has occurred. 27 28 UNITED STATES EMPLOYEES ' COMPENSATION COMMISSION. 55. First-aid treatment in emergency. In all cases of injury where the emergency is such as to require it, any physician licensed to practice medicine and surgery under State laws may be called for first-aid treatment, but further treatment, if required, must be ob- tained from the United States medical officer or hospital or from the " designated " physician or hospital, if available. 56. Bills for emergency first-aid treatment by private physicians. In rendering a bill for first-aid treatment obtained under emergency, the injured person or his representative should obtain an itemized statement from the physician rendering such aid. The bill should show the nature of the service rendered. 57. Ambulance service. In cases where the injury is so serious as to require such action, an ambulance (one owned by the United States hospital or the " designated " hospital, if available) should be called and the employee sent to the United States hospital or the " desig- nated " hospital at once. When the United States hospital ambu- lance or the " designated " hospital ambulance is not available, the Commission will allow a reasonable charge for other ambulance service, but in all such cases the employee should be sent to the United States hospital or " designated " hospital, as the case may be. 58. First-aid dispensary treatment should be by medical officer or trained assistant. Medical officers in charge of first-aid stations or dispen- saries should treat all cases in person or see that they are properly treated by trained assistants (junior medical officers, nurses, or trained attendants). Prompt and courteous treatment of all em- ployees will encourage them to cooperate in promoting the dispensary service. 59. Records of injuries. Adequate written records should be kept of all persons applying for treatment who claim an injury, even though the medical officer feels confident that the employee is not entitled to benefits under the Compensation Act. If the case is in doubt and it is not impracticable, the injured employee should be required to return the next working-day for a second examination. 60. Medical treatment without written request. Medical officers sta- tioned in places of employment should not require that employees present written requests for treatment, and such treatment should be furnished to injured employees who are able to come to the dispen- sary throughout the period of disability so far as practicable. 61. Requests for medical treatment. An employee applying for treatment to a United States medical officer, dispensary, or hospital outside of the establishment in which the employee works, or to a " designated " physician, dispensary, or hospital, should present a request for treatment on form C. A. 16, or a letter from his official superior. This request should recite the facts that the bearer giving MEDICAL, SURGICAL, AND HOSPITAL SERVICES. 29 the name is an employee of the United States, employed at giving Ihe name of the office or establishment that he was injured in the performance of duty on giving) the date and that treatment is re- quested for the results of said injury under section 9 of the Compen- sation Act. In case it has been impracticable for the employee to obtain a request for treatment, the medical officer, hospital, or " desig- nated " physician may furnish temporary treatment upon the state- ment of the injured employee giving the facts, together with the name of the Government establishment in which he is employed. In such instances a proper request for treatment should, however, be obtained within 48 hours thereafter from the employee's official superior. 62. Car fare to secure medical and hospital service. In order that injured employees may be furnished as complete medical and surgi- cal service as possible, the Commission will pay the necessary car fare of those who are able to return to the dispensary for treatment. The medical officers at dispensaries are requested to inform injured em- ployees in all cases suitable for dispensary treatment what treatment they are prepared to furnish at the dispensary. Where it is practi- cable, it is requested that car tickets be furnished as required to in- jured employees for the purpose of securing such treatment, and monthly accounts rendered to the Commission by the officers in charge of dispensaries for reimbursement for the car tickets fur- nished. 63. Medical treatment will be given at dispensaries and hospitals wherever practicable. In places where there are United States dis- pensaries and hospitals available for treatment of injured civil em- ployees and where arrangements have been made with hospitals " designated " by the Commission to furnish out-patient and hos- pital services, all injured employees will be treated either as out- patients or hospital patients, and no injured employee will be fur- nished treatment in his home, unless such arrangement is approved by the Commission. The Commission has ruled that where adequate dispensary and hospital service is provided, such provision consti- tutes "reasonable medical, surgical, and hospital services," in ac- cordance with the terms of the Compensation Act, and payment for treatment in the homes will not be allowed, except as above provided. 64. Dispensary service, Injured employees entitled to the benefits of the Compensation Act, whose injuries are of such a nature that they can be properly treated in a dispensary, will be furnished proper treatment upon application at the United States dispensary or " designated " dispensary. 65. Hospital service in emergency. Arrangements should be made by the official superior with the United States hospital or '"desig- nated " hospital, or if there is neither, then with the private hospital, 30 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. to respond to calls with the ambulance in cases of emergency, and to admit injured emplo}^ees to hospital without delay, provided the call is received from proper Government officials. In all cases a request on form C. A. 16 or a letter of request (see sec. 61) should accompany the injured employee to hospital or be obtained from the official superior within 48 hours from the time of admission. The medical officer should be at once notified of any case trans- ferred to hospital, so that he may furnish such treatment as may be required of him under the circumstances. 66. Hospital service Approval of medical officer. In places where there is a United States medical officer or " designated " physician and whenever emergency does not require immediate action, the ap- proval of the medical officer or " designated " physician should be obtained before the patient is transferred to hospital. 67. Examinations and records preceding hospital treatment. In all cases where an employee reports in person or by proxy at the dis- pensary or hospital, requesting treatment on account of disability alleged to be due to injury, and it is found that his disability re- quires hospital treatment, a record should be made and kept showing the date, name, color, age, sex, and occupation of the employee, the place of employment, the nature of disability, the date of the injury, and, where a request for treatment is presented, the name of the person signing the request. 68. Requests for medical or hospital service when official superior has doubt as to employee's right to treatment. If, for any reason, the offi- cial superior is in doubt as to whether or not an injured employee- is entitled to medical relief under the Compensation Act, he should immediately communicate the circumstances, outlining his doubt, to the Commission, and furnish said injured employee a request, form C. A. 16, or letter, which should state the reason's for his doubts and request the medical officer or " designated " hospital officials to furnish relief until a decision can be reached as to whether or not the case is a proper one for treatment under the Compensation Act. The employee should be kept in hospital under observation and treatment until the official superior of the employee or medical offi- cer or " designated " hospital official is convinced that the employee is not entiled to the benefits of the Compensation Act. In these cases, the Compensation Commission will be responsible for the pay- ment for treatment up to and including the date on which it is de- cided the employee is not entitled to medical relief under the Com- pensation Act, but in such cases no surgical operation should be per- formed, except in case of emergency, in advance of a decision by the Commission. 69. Hospital treatment pending determination of injured employee's right to treatment. If there is reason to doubt that an employee is MEDICAL, SURGICAL, AXD HOSPITAL SERVICES. 31 entitled to the benefits of the Compensation Act, he should be ad- mitted to hospital and given proper treatment until the physician in charge of the case definitely determines that he is not entitled to treatment, or that his disability could not have been due to such an injury as alleged. When such conclusion is reached a careful record should be made of the reasons therefor, and an abstract of the record should at once be forwarded to the Compensation Commis- sion, showing the name, age, sex, color, occupation, place of employ- ment, nature of disability, date of alleged injury, dates of examina- tions, and reasons for opinion that the disability was not due to the alleged injury. The employee should then be discharged from hos- pital, unless satisfactory arrangements can be made to retain him in the hospital without further charge against the Commission. 70. Explanation of refusal of treatment to be made to employee. In all cases which are refused treatment or discharged from further treatment under the provisions of the Compensation Act, the medical officer should make a full and friendly explanation to the employee of his reasons for the action taken. 71. Medical or hospital treatment when medical officer has doubt of employee's right to treatment. Whenever an employee applies for treatment with an order form C. A. 16, or a letter of request therefor from his official superior, the employee should be furnished such treatment as may be required; but if there is reason to believe that he is not entitled to treatment or that his disability was not due to the alleged injury, the medical officer or Ci designated " hospital offi- cial should take up the matter with the official superior. If agree- ment is reached by both that the employee is not entitled to relief, he should be discharged from hospital, unless satisfactory arrange- ments can be made to retain him in hospital without further charge against the Commission. Written records should be kept and reports made of all such cases. If agreement is not reached, the record should be made, and a complete report of all the findings should be immediately forwarded to the Commission for decision. 72. Orders for medical treatment in " designated " hospitals. Hos- pitals which have been " designated " by the Commission to furnish medical, surgical, and hospital services and supplies to injured civil employees should obtain an order on form C. A. 16, or a letter signed by the proper United States official (head of office or work in which applicant is employed), as authority for admission of each patient. This authority should be presented by the employee at the time of admission or obtained within 48 hours thereafter. 73. Bills of " designated " hospitals. " Designated " hospitals should render their bills on proper voucher forms at the time of discharge of each patient, or at the end of each month, as they may prefer. 32 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. A separate voucher (form D-20) should be made out for each em- ployee treated. When the voucher is properly and completely filled out and signed by the hospital authorities, it should have attached to it the original request for treatment of the employee covered by the voucher (see sec. 74), unless said request has been furnished with a previous voucher. The voucher should then be forwarded to the Commission for settlement. A supply of these vouchers (form D-20) will be furnished by the Commission. 74. Orders for medical treatment in hospitals to be submitted to Com- pensation Commission with bills. For cases of injury treated in hos- pital, the original order, form C. A. 16, or the original letter of re- quest, should be attached to the first voucher rendered in each case by the hospital to the Commission. 75. Clinical records to be kept. In hospital cases and in prolonged or serious dispensary cases a case history should be kept and for- warded to the Commission after the termination of the case. This history should contain: (a) An exact statement of the nature and ex- tent of the disability for which treatment is sought and of any con- current or complicating diseases, disabilities, or morbid conditions; (b) the nature of the injury causing the disability ; ( per centum for one child and ten per centum additional for each ad- ditional child, not to exceed a total of sixty-six and two- thirds per centum, divided among such children share and share alike. The compensation of each child shall be paid until he dies, marries, or reaches the age of eighteen, or, if over eighteen and incapable of self- support, becomes capable of self-support. The compensation of a child under legal age shall be paid to its guardian. (E) To the parents, if one is wholly dependent for support upon Parents, the deceased employee at the time of his death and the other is not dependent to any extent, twenty-five per centum; if both are wholly dependent, twenty per centum to each; if one is or both are partly dependent, a proportionate amount in the discretion of the com- mission. The above percentages shall be paid if there is no widow, widower, or child. If there is a widow, widower, or child, there shall be paid so much of the above percentages as, when added to the total per- centages payable to the widow, widower, and children, will not ex- ceed a total of sixty-six and two- thirds per centum. (F) To the brothers, sisters, grandparents, and grandchildren, if Other depen- one is wholly dependent upon the deceased employee for support at the time of his death, twenty per centum to such dependent; if more than one are wholly dependent, thirty per centum, divided among such dependents share and share alike; if there is no one of them wholly dependent, but one or more partly dependent, ten per centum divided among such dependents share and share alike. The above percentages shall be paid if there is no widow, widower, child, or dependent parent. If there is a widow, widower, child, or dependent parent, there shall be paid so much of the above per- centages as, when added to the total percentage payable to the widow, widower, children, and dependent parents, will not exceed a total of sixty-six and two- thirds per centum. (G) The compensation of each beneficiary under clauses (E) and Term of pay (F) shall be paid for a period of eight years from the time of the m< death, unless before that time he, if a parent or grandparent, dies, marries, or ceases to be dependent, or, if a brother, sister, or grand- child, dies, marries, or reaches the age of eighteen, or, if over eighteen and incapable of self-support, becomes capable of self-support. The compensation of a brother, sister, or grandchild under legal age shall be paid to his or her guardian. (H) As used in this section, the term "child " includes stepchildren, Definitions, adopted children, and posthumous children, but does not include married children. The terms "brother" and "sister" include step- brothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters. All of the above terms and the term "grandchild" include only persons who at the time of the death of the deceased employee are under eighteen years of age or over that age and incapable of self- support. The term "parent" includes step-parents and parents by adoption. The term "widow" includes only the decedent's wife living with or dependent for support upon him at the time of his death. The term "widower" includes only the decedent's husband dependent 54 UNITED STATES EMPLOYEES 7 COMPENSATION COMMISSION. for support upon her at the time of her death. The terms " adopted" and "adoption" as used in this clause include only legal adoption prior to the time of the injury. Keadjustinents. (I) Upon the cessation of compensation under this section to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compensation is payable shall be that which such persona would have received if they had been the only persons entitled to compensation at the time of the decedent's death. Apportion- (j) i n case there are two or more classes of persons entitled to com- pensation under this section and the apportionment of such compen- sation, above provided, would result in injustice, the commission may, in its discretion, modify the apportionment to meet the requirements of the case. Wage basis. (K) In computing compensation under this section, the monthly pay shall be considered not to be more than $100 nor less than $50, but the total monthly compensation shall not exceed the monthly pay computed as provided in section twelve. Accepting pay- (L) If any person entitled to compensation under this section; raents after mar- , ' J , riage. whose compensation by the terms of this section ceases upon his mar- riage, accepts any payments of compensation after his marriage he shall be punished by a fine of not more than $2,000 or by imprison- % ment for not more than one year, or by both such fine and imprisonment. pense? 1 ' 6tC '' ex ~ SEC> n> That if death results from the injury within six years the United States shall pay to the personal representative of the deceased employee burial expenses not to exceed $100, in the dis- cretion of the commission. In the case of an employee whose home is within the United States, if his death occurs away from his home office or outside of the United States, and if so desired by his rela- tives, the body shall, in the discretion of the commission, be em- balmed and transported in a hermetically sealed casket to the home of the employee. Such burial expenses shall not be paid and such transportation shall not be furnished where the death takes place more than one year after the cessation of disability resulting from such injury, or, if there has been no disability preceding death, more than one year after the injury. of pay PUtation ^ EC- ^' ^ nat i n computing the monthly pay the usual practice of the service in which the employee was employed shall be followed. Subsistence and the value of quarters furnished an employee shall be included as part of the pay, but overtime pay shall not be taken into account. board etc * n g ' SE ' 13 ' Tliat in ^ e determination of the employee's monthly wage-earning capacity after the beginning of partial disability, the value of housing, board, lodging, and other advantages which are received from his employer as a part of his remuneration and which can be estimated in money shall be taken into account. tlements SUm set " SEC> 14< Tnat in casea of deatil or of permanent total or permanent partial disability, if the monthly payment to the beneficiary is less than $5 a month, or if the beneficiary is or is about to become a non- resident of the United States, or if the commission determines that it is for the best interests of the beneficiary, the liability of the United States for compensation to such beneficiary may be discharged by the payment of a lump sum equal to the present value of all future payments of compensation computed at four per centum true dis- UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. 55 of in- count compounded annually. The probability of the beneficiary's death before the expiration of the period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality; but in case of compensation to the widow or widower of the deceased employee, such lump sum shall not exceed sixty months' compensation. The probability of the happening of any other contingency affecting the amount or dura- tion of the compensation shall be disregarded. SEC. 15. That every employee injured in the performance of his. Notice duty, or some one on his behalf, shall, within forty-eight hours after the injury, give written notice thereof to the immediate superior of the employee. Such notice shall be given by delivering it personally or by depositing it properly stamped and addressed in the mail. SEC. 16. That the notice shall state the name and address of the employee, the year, month, day, and hour when and the particular locality where the injury occurred, and the cause and nature of the injury, and shall be signed by and contain the address of the person giving the notice. SEC. 17. That unless notice is given within the time specified or unless the immediate superior lias actual knowledge of the injury, no compensation shall be allowed, but for any reasonable cause shown, the commission may allow compensation if the notice is filed within one year after the injury. SEC. 18. That no compensation under this Act shall be allowed to Claims. any person, except as provided in section thirty-eight, unless he or some one on his behalf shall, within the time specified in section twenty, make a written claim therefor. Such claim shall be made by delivering it at the office of the commission or to any commissioner or to any person whom the commission may by regulation designate, or by depositing it in the mp.il properly stamped and addressed to the commission or to any person whom the commission may by regu- lation designate. SEC. 19. That eveiy claim shall be made on forms to be furnished Forms. by the commission and shall contain all the information required by the commission. Each claim shall be sworn to by the person entitled to compensation or by the person acting on his behalf, and, except in case of death, shall be accompanied by a certificate of the employee's physician stating the nature of the injury and the nature and probable extent of the disability. For any reasonable cause shown the com- mission may waive the provisions of this section. SEC. 20. That all original claims for compensation for disability Time for shall be made within sixty days after the injury. All original claims claims * for compensation for death shall be made within one year after the death. For any reasonable cause shown the commission may allow original claims for compensation for disability to be made at any time within one year. SEC. 21. That after the injury the employee shall, as frequently and at such times and places as may be reasonably required, submit himself to examination by a medical officer of the United States or by a duly qualified physician designated or approved by the commis- sion. The employee may have a duly qualified physician designated and paid by him present to participate in such examination. For all examinations after the first the employee shall, in the discretion of the commission, be paid his reasonable traveling and other expenses and 56 UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. loss of wages incurred in order to submit to such examination. If the employee refuses to submit himself for or in any way obstructs any ex- amination, his right to claim compensation under this Act 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. Medical referee. SEC. 22. That in case of any disagreement between the physician " making an examination on the part of the United States and the employee's physician the commission shall appoint a third physician, duly qualified, who shall make an examination. ^ees. I SEC. 23. That fees for examinations made on the part of the United States under sections twenty-one and twenty-two by physicians who are not already in the service of the United States shall be fixed by the commission. Such fees, and any sum payable to the employee under section twenty-one, shall be paid out of the appropriation for the work of the com mission. iuri ep0rtS f k*" ^ EC ' 2 ^' ^at immediately after an injury to an employee resulting in his death or in his probable disability, his immediate superior shall make & report to the commission containing such information as the commission may require, and shall thereafter make such supplemen- tary reports as the commission may require. ' ^ EC " 2 ^' That anv assignment o f a claim for compensation under this Act shall be void and all compensation and claims therefor shall be exempt from all claims of creditors. SE " 26> If an in J ur y or deatn for which compensation is payable against third par- under this Act 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 assign to the United States any right of action he may have to enforce such lia- bility of such other person or any right which he may have to share in any money or other property received in satisfaction of such lia- bility of such other person, or the commission may require said bene- ficiary to prosecute said action in his own name. If the beneficiary shall refuse to make such assignment or to prose- cute said action in his own name when required by the commission, he shall not be entitled to any compensation under this Act. The cause of action when assigned to the United States may be prosecuted or compromised by the commission, and if the commission realizes upon such cause of action, it shall apply the money or other property so received in the following manner: After deducting the amount of any compensation already paid to the beneficiary and the expenses of such realization or collection, which sum shall be placed to the credit of the employees' compensation fund, the surplus, if any, shall be paid to the beneficiary and credited upon any future pay- ments of compensation payable to him on account of the same injury. with* tMr? en i S ^ EC ' ^ ' ^ nat ^ an i n J ur y or death for which compensation is pay- ties. able under this Act is caused under circumstances creating a legal liability in some person other than the United States to pay damages therefor, and a beneficiary entitled to compensation from the United States for such injury or death receives, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such beneficiary shall, after deducting UNITED STATES EMPLOYEES* COMPENSATION COMMISSION. 57 the costs of suit and a reasonable attorney's fee, apply the money or other property so received in the following manner: (A) If his compensation has been paid in whole or in part, he shall refund to the United States the amount of compensation which has been paid by the United States and credit any surplus upon future payments of compensation payable to him on account of the same injury. Any amount so refunded to the United States shall be placed to the credit of the employees' compensation fund. (B) If no compensation has been paid to him by the United States, he shall credit the money or other property so received upon any compensation payable to him by the United States on account of the same injury. SEC. 28. That a commission is hereby created, to be known as t United States Employees' Compensation Commission, and to be composed of three commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman. No commissioner shall hold any other office or position under the United States. No more than two of said commissioners shall be members of the same political party. One of said commissioners shall be appointed for a term of two years, one for a term of four years, and one for a term of six years, and at the expiration of each of said terms, the commissioner then appointed shall be appointed for a period of six years. Each commissioner shall receive a salary of $4,000 a year. The principal office of said com mission shall be in Washington, District of Columbia, but the said commission is authorized to perform its work at any place deemed necessary by said commission, subject to the restric- tions and limitations of this Act. SEC. 28a. Upon the organization of said commission and n t cation to the heads of all executive departments that the commission pioyees. is ready to take up the work devolved upon it by this Act, all com- missions and independent bureaus, by or in which payments for compensation are now provided, together with the adjustment and settlement of such claims, shall cease and determine, and such execu- tive departments, com missions, and independent bureaus shall transfer all pending claims to said commission to be administered by it. The said commission may obtain, in all cases, in addition to the reports provided in section twenty-four, such information and such reports from employees of the departments as may be agreed upon by the commission and the heads of the respective departments. All clerks and employees now exclusively engaged in carrying on said work in the various executive departments, commissions, and inde- pendent bureaus, shall be transferred to, and become employees of, the commission at their present grades and salaries. SEC. 29. That the commission, or any commissioner by authority Powers as to of the commission, shall have power to issue subpoenas for and compel witnesses - the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evi- dence, to "administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the commission. SEC. 30. That the commission shall have such assistants, clerks, Employees of and other employees as may be from time to time provided by Con- co ' gress. They shall be appointed from lists of eligibles to be supplied by the Civil Service Commission, and in accordance with the civil- service law. 58 UNITED STATES EMPLOYEES* COMPENSATION COMMISSION. Estimates. SEC. 31. That the commission shall submit annually to the Secre- tary of the Treasury estimates of the appropriations necessary for the work of the commission. Rules, regula- SEC. 32. That the commission is authorized to make necessary rules tions, etc. an{ j regulations for the enforcement of this Act, and shall decide all questions arising under this Act. Annual reports. $EC. 33 ^ That the commission shall make to Congress at the begin- ning of each regular session a report of its work for the preceding fiscal year, including a detailed statement of appropriations and expendi- tures, a detailed statement showing receipts of and expenditures from the employees' compensation fund, and its recommendations for legislation. Expenses. g EC 34 f^ f or t j ie g ca i vear en ding June thirtieth, nineteen hundred and seventeen, there is hereby authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $50,000 for the work of the commission, including salaries of the com- missioners and of such assistants, clerks, and other employees as the commission may deem necessary, and for traveling expenses, expenses of medical examinations under sections twenty-one and twenty-two, reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, rent and equipment of offices, purchase of books, stationery, and other supplies, printing and binding to be done at the Government Printing Office, and other necessary expenses. Compensation SEC. 35. That there is hereby authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $500,000, to be set aside as a separate fund in the Treasury, to be known as the employees' compensation fund. To this fund there shall be added such sums as Congress may from time to time appropriate for the purpose. Such fund, including all additions that may be made to it, is hereby authorized to be permanently appropriated for the pay- ment of the compensation provided by this Act, including the medical, surgical, and hospital services and supplies provided by section nine, and the transportation and burial expenses provided by sections nine and eleven. The commission shall submit annually to the Secretary of the Treasury estimates of the appropriations necessary for the main- tenance of the fund. Findings and SEC. 36. The commission, upon consideration of the claim presented by tho beneficiary, and the report furnished by the immediate superior and the completion of such investigation as it may deem necessary, shall determine and make a finding of facts thereon and make an award for or against payment of the compensation provided for in this Act. Compensation when awarded shall be paid from the employees' com- pensation fund. SEC. 37. That if the original claim for compensation has been made within the time specified in section twenty, the commission may, at any time, on its own motion or on application, review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation. Mistakes ^ EC< ^' / ^^ a * ^ an y compensation is paid under a mistake of law or of fact, the commission shall immediately cancel any award under which such compensation has been paid and shall recover, as far as practicable, any amount which has been eo paid. Any amount BO UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. 59 recovered shall be placed to the credit of the employees' compensation fund. SBC. 39. That whoever makes, in any affidavit required under sec- Btate " tion four or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. SEC. 40. That wherever used in this Act The singular includes the plural and the masculine includes the Definitions, feminine. The term "employee" includes all civil employees of the United States and of the Panama Railroad Company. The term "commission" shall be taken to refer to the United States Employees' Compensation Commission provided for in section twenty- eight. The term "physician" includes surgeons. The term "monthly pay" shall be taken to refer to the monthly pay at the time of the injury. SEC. 41. That all Acts or parts of Acts inconsistent with this. Act Repeal, are hereby repealed: Provided, however, That for injuries occurring prior to the passage of this Act compensation shall be paid under the law in force at the time of the passage of this Act: And provided further, That if an injury or death for which compensation is payable under this Act is caused under circumstances creating a legal liability in Liability of the Panama Railroad Company to pay damages therefor under the Panama Railroad laws of any State, Territory, or possession of the United States or of the District of Columbia or of any foreign country, no compensation shall be payable until the person entitled to compensation releases to the Panama Railroad Company any right of action which he may have to enforce such liability of the Panama Railroad Company, or until he assigns to the United States any right which he may have to share in any money or other property received in satisfaction of such liability of the Panama Railroad Company. SEC. 42. That the President may, from time to time, transfer the Administration administration of this Act so far as employees of the Panama Canal Jjf d and of the Panama Railroad Company are concerned to the governor ways, of the Panama Canal, and so far as employees of the Alaskan Engi- neering Commission are concerned to the chairman of that commission, in which cases the words "commission" and "its" wherever they appear in this Act shall, so far as necessary to give effect to such trans- fer, be read "governor of the Panama Canal" or "chairman of the Alaskan Engineering Commission," as the case may be, and "his"; and the expenses of medical examinations under sections twenty-one and twenty-two, and the reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, shall be paid out of appropriations for the Panama Canal or for the Alaskan Engineering Commission or out of funds of the Panama Railroad, as the case may be, instead of out of appropriation for the work of the commission. In the case of compensation to employees of the Panama Canal or of the Panama Railroad Company for temporary disability, either total or partial, the President may authorize the governor of the Panama Canal to waive, at his discretion, the making of the claim required by section eighteen. In the case of alien employees of the 60 UNITED STATES EMPLOYEES* COMPENSATION COMMISSION. Panama Canal or of the Panama Railroad Company, or of any class or classes of them, the President may remove or modify the minimum limit established by section six on the monthly compensation for disability and the minimum limit established by clause (K) of sec- tion ten on the monthly pay on which death compensation is to be computed. The President may authorize the governor of the Panama Canal and the Chairman of the Alaskan Engineering Commission to pay the compensation provided by this Act, including the medical, surgical, and hospital services and supplies provided by section nine and the transportation and burial expenses provided by sections nine and elven, out of the appropriations for the Panama Canal and for the Alaskan Engineering Commission, such appropriations to be reimbursed for such payments by the transfer of funds from the em- ployees' compensation fund. Approved, September 7, 1916. Under the authorization given in section 42 of the Compensation Act, President Wilson in September, 1916, issued the following Executive orders: EXECUTIVE ORDERS. No. 2455. Employees of the Panama Canal and Pan- ama Railroad Co. By virtue of the authority vested in me by section 42 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, it is hereby ordered: owe?s nSfer f l - That the administration of tne 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, so far as employees of the Panama Canal and of the Panama Railroad Co. are concerned, is hereby transferred to the governor of the Panama Canal. Power to waive 2. That in the case of compensation to employees of the Panama Canal, or of the Panama Railroad Co., for temporary disability, either total or partial, the governor of the Panama Canal is hereby authorized to waive, at his discretion, the making of the claim required by section eighteen of said act. Alien em- 3, That in the case of alien employees of the Panama Canal, or of the Panama Railroad Co., the minimum limit established by section six on the monthly compensation for disability, and the minimum limit established by clause (K) of section ten on the monthly pay on which death compensation is to be computed, is hereby removed. Benefits. 4. That the governor of the Panama Canal is hereby authorized to pay the compensation provided by said act, including the medical, surgical, and hospital services and supplies provided by section nine and the transportation and burial expenses provided by sections nine and eleven, out of the appropriations for the Panama Canal, such appropriations to be reimbursed for such payments by transfer of funds from the employees' compensation fund. SEPTEMBER 15, 1916. UNITED STATES EMPLOYEES ' COMPENSATION COMMISSION. 61 No. 2463. Employees of the Alaskan Engineering Commission. Upon the recommendations of the Secretary of the Inferior and the chairman of the Alaskan Engineering Commission, and by virtue of authority contained in section forty- two of "An act to provide com- pensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes " (Public, No. 267, 64th Cong., 39 Stat., p. 742), approved September 7, 1916, I hereby direct the chairman of the Alaskan Engineering Commission to Transfer of administer the provisions of this act in so far as employees of the Alaskan Engineering Commission are concerned; and the expenses of medical examinations under sections twenty-one and twenty-two, and the reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, shall be paid out of appropriations for "Construction and operation of railroads in Alaska." I further direct the chairman of the Alaskan Engineering Commission to pay the compensation provided by the aforementioned act, including the medical, surgical, and hospital services and supplies provided by section nine and the transportation and burial expenses provided by sections nine and eleven out of appropriations for the "Construction and operation of railroads in Alaska," such appropriations to be reim- bursed for such payments by transfer of funds from the employees' compensation fund. SEPTEMBER 29, 1916, powers. Expenses. Benefits. INDEX TO REGULATIONS. [For full provisions of Compensation Act, see text of act, pp. 51-61.] Pag*. Accident. (See Injury.) Ambulance service 28 Benefits provided by the Compensation Act 7-9 Burial expenses, when payable 25, 33, 40 Car fare to secure medical or hospital service 12, 29 Chiropractors, treatment by 11, 12, 33 Claims and reports, mailing of , 20 Claims and reports, preparation of 26 Claim blanks to be furnished 22, 23 Claims for compensation on account of death, how made 24, 25, 39 Claims for compensation on account of injury, how made 13 Claims for continuance of compensation . 14, 15, 41 Claims for damages against third parties liable on account of personal injuries to employees, procedure 17, 18, 42, 43 Claims for payment for medical and hospital service, how made 14 Claims : Notice to employees and officials of action on 25 Officials should see that forms are completely and correctly filled 23, 24 Penalty for false statement in 14, 40 Statement of medical officer to be made in connection with 34, 35 Claims to be forwarded promptly 24 Claim, waiver of, does not affect right to claim compensation 14 Claim, waiver of, official superior may not require 23 Compensation Act, text of 51-61 Compensation : Injuries for which payable Intoxication, when cause of injury, a bar to 16, 17 Lump sum 16 Compensation not payable when death or disability is due to refusal of medical or surgical treatment 17 Compensation on account of death : Change in amount payable to beneficiaries Claims for 39 Claims for continuance of 41 Penalty for accepting, after marriage 42 Termination of right to 41 Compensation on account of disability : Claim for Claims for continuance of 14, 15 Ended by failure to return to work or to seek work when able 15, 16 Suspended if medical examination is refused Suspended if medical or surgical treatment is refused Waiver of affidavit when necessary 13, 14 Wilful misconduct or intention to bring about injury, a bar to 16 Death : Benefits payable in case of Burial expenses payable in case of Claims on account of, how made 24, 25 Embalming and transportation of bodies 40 Money benefits payable in case of Report of, how made 22 Disabilities not related to injury but prolonging treatment to be immediately . reported to Commission Disability, partial : Affidavits as to earnings in case of 16 Benefits payable Certificate of inability to secure employment Failure to return to work or to seek work when able will end compensation 15, 16 Injured employee should be given or secured work when able 21, 22 Injured employee able to do light or modified work Permanent, injured employee to be informed of his rights 22 Disability, total, benefits payable - 7, 8 Disability. (See also Injury.) Duties of beneficiaries of deceased employees 39-43 62 INDEX TO REGULATi.O^^/, ; ':'.';' \ :';'.. . 63 Page. Duties of employees , 11-18 Duties of official superiors 19-26 Embalming and transportation of bodies of deceased employees 40 Emrrgeury first-aid treatment 27 Emergency first-aid treatment by private physicians, bills for 28 Employees, dutie.s of 11-18 Employees protected by the Compensation Act 7 First -aid treatment at dispensary should be by medical officer or trained assistant- 28 First aid treatment by United States medical officers 27 First-aid treatment (duties of employees) 11 First-aid treatment (duties of official superiors) 19 First-aid treatment in emergency 28 First-aid treatment in emergency by private physicians, bills for 28 Forms used in reporting injuries and making claims 47-50 Frostbite, ruling of Commission as to award 40 Heat prostration, ruling of Commission as to award 40 Hernia, ruling of Commission as to award 45, 40 Hospitals and dispensaries, medical treatment to be given at, wherever practicable- 29 Hospital bills to be forwarded to Commission and not paid by employee 37 Hospital rules, refusal to submit to 15. 34 Hospital treatment : Approval of medical officer 30 Bills of designated hospitals 31 Car fare to secure 12, 29 Claim for payment for 14 Examination and records preceding 30 Explanation of refusal of, to be made to employees 31 In emergency 29, 30 In general ward, to be furnished 36 Injured employee to "be informed of his rights 19, 20 Injured employee to select hospital, if necessary, where no United States or designated hospital is available 37 In private room, conditions under -which furnished . 36 Not paid for if employee refuses to accept what is provided 11, 33 Orders for, in designated hospitals 31 Orders for, to be submitted to Compensation Commission with bills 32 Pending determination of injured employee's right to treatment 30, 3T. Procedure where there are no United States or designated hospitals 3638 Requests authorizing treatment of injured employees 20 Requests for, when official superior has doubt as to employees' right to treat- ment 20, 30 To which injured employee is entitled 19, 27 Transportation to secure 12,29,37,38 Treatment available 27 When medical officer has doubt of employee's right to treatment Without cost to employee by designated physicians and hospitals II Without cost when no physician or hospital has been designated 11, 12 Injury, claim for compensation on account of, how made "13 Injury, notice of, to be submitted by employee in all cases 12, 13 Injuries for which compensation is payable 7 Injury. (See also Disability.) Insane injured employee, claim how submitted 23 Insane injured employees to be transferred to hospital for insane 26, 38 Instructions covering medical, surgical, and hospital services 27-38 Law. text of 51-61 Lightning, ruling of Commission as to award 46 Lump-sum payments, policy of Commission 16, 40 Medical and hospital service : Available service 27 Car fare to secure 12, 29 Claim for payment for 14 Injured employee to be informed of his rights 19, 20 Service not paid for if the employee refuses to accept what is provided 11, 33 Request authorizing treatment of injured employee 20 Requests for, when official superior has doubt as to employee's right to treat- ment 20, 30 Service to which injured employee is entitled 19, 27 Transportation to secure 12,29,37,38 Service without cost to employee, by designated physicians and hospitals 11 Service without cost to employee, where no nhysician or hospital has been designated . 11, 12 Medical bills to be forwarded to Commission and not paid by employee 12, 37 Medical certificates 15 Medical examinations and records preceding hospital treatment 30 Medical examination : In case of disagreement as to injured employee's ability to resume work 22 Refusal or obstruction of 15, 34 To determine whether disability is due to injury 38 What may be required 15 Medical or surgical treatment, refusal of 17, 33. 34 Medical referee's examination must be thoroughly impartial procedure 35, 36 Medical referee's examination, official superior and injured employee may be rep- resented T)y physicians * 35 Medical referee to be employed in case of disagreement 35 Medical supervision of injured employees treated bv private phvsicians__. 34 Medical treatment : Dispensary service _ 28,29 In designated hospitals, orders for 31 64 I1TDEX TO REGULATIONS. Medical treatment Continued. Page. In hospitals, orders for to be submitted to Compensation Commission with bills. - ^ 32 Request for , 28, 29 Specialists, bills for 32,33 Specialists to be employed when necessary 32 To be given at dispensaries and hospitals wherever practicable 29 Treatment by osteopaths, chiropractors, etc 33 When furnished 7 Misconduct, willful, a bar to compensation Notice of action on claims 25 Notice to employees of their rights and duties 26 Notice of injury 12,13 Official superior, definition of Osteopaths, chiropractors, etc., treatment by 11,12,33 Payments by mistake 18,43 Physicians : Bills to be forwarded to Commission and not paid for by employee 37 First aid treatment in emergency 28 Only charges which Commission considers reasonable will be paid 12,36,37 Treatment not paid for if employee refuses to accept what is provided 11 Treatment without cost to employee 11 When injured employee may select 11, 12, 36, 37 Preexisting physical defect, aggravation of, ruling of Commission as to award 46 Records, clinical, to be kept 32 Record of injury 20, 28 Reports of deaths 22 Reports of injuries 20, 21 Report of termination of disability 22 Rulings of the Compensation Commission 45, 46 Definition of term " While in performance of his duty " 45 Hernia 45, 46 Aggravation of preexisting physical defect, sunstroke, heat prostration, frost- bite, and lightning 47 Specialists, bills for treatment by 32, 33 Specialists to be employed when necessary 32 Sunstroke, ruling of Commission as to award 46 Surgical treatment. (See Medical and surgical treatment.) Third party liability, procedure in case of disability 17, 18 Third party liability, procedure in case of death 42, 43 Termination of disability, report of Termination of right to compensation in case of death Transportation of bodies of deceased employees Transportation to secure medical or hospital service 12,29,37,38 While in the performance of his duty, definition of term 45 O Gay lord Bros. Makers Syracuse, N. Y. ' PAT. JAN. 21J908 380483 UNIVERSITY OF CALIFORNIA LIBRARY