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United States shall be fixed by the commission. Such fees, and any sum payable to the employee under section 21 [5 U. S. C., sec. 771], when authorized or approved by the commission, shall be paid from the employees' compensation fund. (Sept. 7, 1916, sec. 23, 39 Stat. 747; June 26, 1926, sec. 3, 44 Stat. 772; 5 U. S. C., sec. 773.)
274. Report to Commission of injury. That immediately after an injury to an employee resulting in his death or in his probable disability, his immediate superior shall make a report to the commission containing such information as the commission may require, and shall thereafter make such supplementary reports as the commission may require. (Sept. 7, 1916, sec. 24, 39 Stat. 747; 5 U. S. C., sec. 774.) 275. Assignment of claim for compensation.-That any assignment of a claim for compensation under this Act [5 U. S. C. ch. 15] shall be void and all compensation and claims therefor shall be exempt from all claims of creditors. (Sept. 7, 1916, sec. 25, 39 Stat. 747; 5 U. S. C., sec. 775.)
276. Subrogation of United States to employee's right of action; assignment by employee; disposition of moneys collected from person liable.-If an injury or death for which compensation is payable under this Act [5 U. S. C., ch. 15] 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 liability of such other person or any right which he may have to share in any money or other property received in satisfaction of such liability of such other person, or the commission may require said beneficiary to prosecute said action in his own name.
If the beneficiary shall refuse to make such assignment or to prosecute said action in his own name when required by the commission, he shall not be entitled to any compensation under this Act [5 U. S. C., ch 15].
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 payments of compensation payable to him on account of the same injury. (Sept. 7, 1916, sec. 26, 39 Stat. 747; 5 U. S. C., sec. 776.)
277. Adjustment in case of receipt by employee of money or property in satisfaction of liability of third person.-That if an injury or death for which compensation is payable under this Act [5 U. S. C., ch. 15] 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 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. (Sept. 7, 1916, sec. 27, 39 Stat. 747; 5 U. S. C., sec. 777.)
278. United States Employees' Compensation Commission. That a commission is hereby created, to be known as the 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 commission 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 restrictions and limitations of this Act. (Sept. 7, 1916, sec. 28, 39 Stat. 748; 5 U. S. C., sec. 778.)
279. Same; other official bodies discontinued; reports from other departments to; transfer of clerks.-Upon the organization of said commission and notification to the heads of all executive departments that the commission is ready to take up the work devolved upon it by this Act [5. U. S. C., ch. 15], all commissions and independent bureaus, by or in which payment for compensation are now provided, together with the adjustment and settlement of such claims, shall cease and determine, and such executive departments, commissions, 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 [5 U. S. C., sec. 774], 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 independent bureaus, shall be transferred to, and become employees of, the commission at their present grades and salaries. (Sept. 7, 1916, sec. 28a, 39 Stat. 748; 5 U. S. C., sec. 779.)
280. Same; subpoenas for witnesses.-That the commission, or any commissioner by authority of the commission, shall have power to issue subpoenas for and compel the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to
examine witnesses, upon any matter within the jurisdiction of the commission. (Sept. 7, 1916, sec. 29, 39 Stat. 748; 5 U. S. C., sec. 780.)
281. Same; rules and regulations.-The commission is authorized to make necessary rules and regulations for the enforcement of this Act, and to decide all questions arising under this Act. [5 U. S. C., ch. 15]. (Sept. 7, 1916, sec. 32, 39 Stat. 749; 5 U. S. C., sec. 783.)
282. Employees' compensation fund. 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 payment of the compensation provided by this Act, including the medical, surgical, and hospital services and supplies provided by section nine [5 U. S. C., sec. 759], and the transportation and burial expenses provided by sections nine and eleven [5 U. S. C., secs. 759, 761]. The commission shall submit annually to the Bureau of the Budget estimates of the appropriations necessary for the maintenance of the fund. (Sept. 7, 1916, sec. 35, 39 Stat. 749; 5 U. S. C., sec. 785.)
283. Findings and award by Commission; payment of compensation.The commission, upon consideration of the claim presented by the 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. [5 U. S. C., ch. 15]. Compensation when awarded shall be paid from the employees' compensation fund. (Sept. 7, 1916, sec. 36, 39 Stat. 749; 5 U. S. C., sec. 786.)
284. Same; review. That if the original claim for compensation has been made within the time specified in section 20 [5 U. S. C., sec. 770], 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. In the absence of fraud or mistake in mathematical calculation, the finding of facts in, and the decision of the commission upon, the merits of any claim presented under or authorized by this Act if supported by competent evidence shall not be subject to review by any other administrative or accounting officer, employee, or agent of the United States. Any award heretofore made by the Compensation Commission, under the Act of September 7, 1916, for disability or death resulting from a personal injury sustained prior to the passage of this Act, shall be valid, if such award would be valid if made in respect to an injury sustained after the passage of this Act. (Sept. 7, 1916, sec. 37, 39 Stat. 749; June 5, 1924; 43 Stat. 389; 5 U. S. C., sec. 787.)
285. Same; cancellation; recovery of compensation paid. That if any compensation is paid under a mistake of law or 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 so paid. Any amount so recovered shall be placed
to the credit of the employees' compensation fund. (Sept. 7, 1916, sec. 38, 39 Stat. 749; 5 U. S. C., sec. 788.)
286. Penalty for perjury.-That whoever makes, in any affidavit required under section four [5 U. S. C., sec. 754] 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. (Sept. 7, 1916, sec. 39, 39 Stat. 749; 5 U. S. C., sec. 789.)
287. Compensation for disability or death of Government employees; definitions. That wherever used in this Act [5 U. S. C., ch. 15]The singular includes the plural and the masculine includes the 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 28 [5 Ü. Š. C., ch. 778.]
The term "physician" includes surgeons.
The term "monthly pay" shall be taken to refer to the monthly pay at the time of the injury.
The term "injury" includes, in addition to injury by accident, any disease proximately caused by the employment.
The term "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for out of the compensation fund: Provided, however, That this shall not in any way reduce the amount of the monthly compensation payable in case of disability or death. (Sept. 7, 1916, sec. 40, 39 Stat. 750; June 5, 1924, sec. 2, 43 Stat. 389; 5 U. S. C., sec. 790.)
288. Repeal of inconsistent acts; compensation for injuries occurring prior to passage of act.-That all Acts or parts of Acts inconsistent with this Act 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. (Sept. 7, 1916, sec. 41, 39 Stat. 750.)
SUBSISTENCE EXPENSE ACT OF 1926
289. Citation. That this Act may be cited as the "Subsistence Expense Act of 1926." (June 3, 1926, sec. 1, 44 Stat. 688; 5 U. S. C., sec. 821.)
290. Definitions.-When used in this Act
The term "departments and establishments" means any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including the municipal government of the District of Columbia.
The term "subsistence" means lodging, meals, and other necessary expenses incidental to the personal sustenance or comfort of the traveler.
The term "actual expenses" means the actual amounts necessarily expended by the traveler for subsistence and itemized in accounts for reimbursement.
The term "per diem allowance means a daily flat rate of payment in lieu of actual expenses. (June 3, 1926, sec. 2, 44 Stat. 689; 5 U. S. C., sec. 822.
291. Officers and employees away on official business; allowance of actual necessary expenses.-Civilian officers and employees of the departments and establishments, while traveling on official business and away from their designated posts of duty, shall be allowed, in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards, a per diem allowance to be prescribed by the head of the department or establishment concerned, not to exceed the rate of $5 within the limits of continental United States, and not to exceed an average of $6 beyond the limits of continental United States. (June 3, 1926, sec. 3, 44 Stat. 689; June 30, 1932, sec. 207, 47 Stat. 405; 5 U. S. C., sec. 823.)
292. Transportation of effects; automobiles.-Hereafter, no law or regulation authorizing or permitting the transportation at Government expense of the effects of officers, employees, or other persons, shall be construed or applied as including or authorizing the transportation of an automobile. (June 30, 1932, sec. 209, 41 Stat. 405; 5 U. S. C., sec. 823a.)
293. Regulations governing expenses or per diem; standardization.-The fixing and payment, under section 3 [5 U. S. C., sec. 823], of per diem allowance, or portions thereof, shall be in accordance with regulations which shall be promulgated by the heads of departments and establishments and which shall be standardized as far as practicable and shall not be effective until approved by the President of the United States. (June 3, 1926, sec. 7, 44 Stat. 689; June 30, 1932, sec. 208, 47 Stat. 405; 5 U. S. C., sec. 827.)
294. Advancements and deduction thereof.-The heads of departments and establishments, under regulations which shall be prescribed by the Secretary of the Treasury for the protection of the United States, may advance through the proper disbursing officers from applicable appropriations to any person entitled to actual expenses or per diem allowance under this Act such sums as may be deemed advisable considering the character and probable duration of the travel to be performed. Any sums so advanced shall be recovered from the person to whom advanced, or his estate, by deduction from any amount due from the United States or by such other legal method of recovery as may be necessary. (June 3, 1926, sec. 8, 44 Stat. 689; 5 U. S. Č., sec. 828.)
295. Repeal of inconsistent laws; exception.-All laws or parts of laws which are inconsistent with or in conflict with the provisions of this Act except such laws or parts of law as especially fix or now permit rates higher than the maximum rates established in this Act are hereby repealed or modified only to the extent of such inconsistency or conflict. (June 3, 1926, sec 9, 44 Stat. 689; 5 U. S. C., sec. 829.)
296. Travel allowance of President not affected; certain acts not affected. This Act shall not be construed to modify or repeal the Act providing for the traveling expenses of the President of the United States [3 U. S. C., sec. 43] or any Acts (including appropriations for the fiscal year 1927) specifically fixing or permitting mileage rates for travel and/or subsistence expenses. (June 3, 1926, sec. 10, 44 Stat. 689; 5 U. S. C., sec. 830.)