MAY 24 (legislative day, May 19), 1939.-Ordered to be printed Mr. CAPPER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2345] The Committee on Claims, to whom was referred the bill (H. R. 2345) for the relief of R. H. Gray, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in House Report No. 417, Seventysixth Congress, first session, which is appended hereto and made a part of this report. [H. Rept. No. 417, 76th Cong., 1st sess.] The Committee on Claims, to whom was referred the bill (H. R. 2345) for the relief of R. H. Gray, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, line 9, after the word "who" insert "is alleged to have". At the end of the bill add: "Provided, That no benefits shall accrue prior to the approval of this Act." The purpose of the proposed legislation is to merely waive in favor of Dr. R. H. Gray, San Antonio, Tex., the bar of the time limitations in sections 17 and 20 of the Compensation Act of September 7, 1916, and to leave the Commission free to determine the merits of his claim, if filed not later than 60 days after the date of enactment of the measure, and to afford him such measure of relief as the facts, when established, may show him to be entitled to under the Compensation Act, and the bill further provides that no benefits shall accrue prior to the enactment of such legislation. STATEMENT OF FACTS The claimant, Dr. Gray, was employed as quarantine officer, United States Public Health Service, at Thayer (Mercedes), Tex. On May 5, 1933, Dr. Gray contends that while driving, in line of duty, to Mercedes for the office mail, he was passed on the road by a drunken driver who had previously made trouble in attempting to evade the customs officers. Upon passing him the third time, the drunken driver crowded Dr. Gray off the road into a 4-foot ditch, and drove on, as a result of which his right knee was injured. Dr. Gray further states that he was assisted in getting out of the ditch, and went on to Mercedes and consulted Dr. J. G. Webb. It seems that at the time neither he nor Dr. Webb though that the injury was at all serious and an X-ray was not taken. In due course of time, however, it became evident that the injury was not healing satisfactorily, and, as a consequence, he then explained the conditions to the Surgeon General and requested annual leave for the purpose of going to San Antonio, Tex., for treatment. This was granted, and he consulted Maj. W. C. Hirzel, M. C. Res. (now deceased), who diagnosed his trouble as “subluxation of the capular ligament of the right knee." As a consequence of the delay in reporting his injury, Dr. Gray was denied the right of having his claim determined by the Employees' Compensation Commission, and the purpose of this bill is to merely give him this right. Dr. Gray states that his reason for not filing a claim was that he hoped daily that he would regain his health and not have to claim compensation for his injury. The reports of the Employees' Compensation and the Treasury Department are appended hereto, together with other pertinent evidence. UNITED STATES EMPLOYEES' COMPENSATION_COMMISSION, CHAIRMAN, COMMITTEE ON CLAIMS, House of Representatives, Washington, D. C. DEAR MR. CHAIRMAN: Reference is made to your request for the Commission's report upon the bill (H. R. 2345) for the relief of R. H. Gray. The bill provides— "That sections 17 and 20 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, as amended (U. S. C., 1934 edition, title 5, secs. 767 and 770), are hereby waived in favor of R. H. Gray, San Antonio, Texas, who sustained an injury on May 5, 1933, while employed as a quarantine officer in the United States Public Health Service, which resulted in permanent physical disability, and his case is authorized to be considered and acted upon under the remaining provisions of such Act, as amended, if he files a claim for compensation with the United States Employees' Compensation Commission not later than sixty days after the date of enactment of this Act." Under date of March 30, 1935, Hon. Maury Maverick, M. C., transmitted to the Commission a letter to him dated March 26, 1935, from Dr. R. H. Gray, 310 Carson Street, San Antonio, Tex., in which Dr. Gray stated, among other things, that on September 1, 1928, he received appointment as quarantine officer at Thayer (Mercedes), Tex., United States Public Health Service, under the supervision of Surgeon J. P. King of Laredo; that he continued in that capacity until June 30, 1933; that on May 5, 1933, while driving, in line of duty, to Mercedes for the office mail he was passed on the road by a drunken driver who had previously made trouble in attempting to evade the customs officers; that on passing him the third time the drunken driver crowded him "off the road into a 4-foot ditch" and drove on; that as a result thereof his right knee was injured; that he was assisted in getting out of the ditch and went on to Mercedes and consulted Dr. J. G. Webb; that at that time he nor Dr. Webb thought that the injury was at all serious and an X-ray was not taken; that in due course of time it became evident that the injury was not healing satisfactorily and as a consequence he "explained the conditions" to the Surgeon General and requested annual leave for the purpose of going to San Antonio, Tex., for treatment; that his request for leave was granted; that he "consulted Maj. W. C. Hirzel, M. C. Res. (now de ceased), who diagnosed his trouble as subluxation of the capular ligament of the right knee"; that on or about June 10, 1933, he received notice from the Surgeon General that his services would be terminated on June 30, 1933, because of age and poor health; that at his request this order was extended to July 31. 1933, until which time he continued to receive full pay; that on July 31, 1933, he went to McAllen, Tex., and about August 6, 1933, "without cause other than the original traumatic injury to" his knee, he sustained a severe attack of arthritis of the injured part which confined him to his bed for 6 weeks; that thereafter he was able to get about only with the aid of crutches until about November 1933 Dr. Gray further stated in his letter that— "Up to the present date I have been unable to engage in any active duty. Any overexertion aggravates the condition of the injured part and confines me to my bed for a day or two. To walk 10 or 12 blocks with the support of my cane is about my limit for any one day, and sometimes I am not able to get about at all. At the present time my general health other than the injury and complications resulting therefrom is all that can be desired. "Dr. Potthast noted in his statement that "There is no expectation of further improvement.' Thus far time has proven this to be correct. Since my return home November 1933, I have been alone and have been dependent on others for care. I am now paying Mr. and Mrs. F. E. Funda $35 per month in cash and rentals for board and care of my apartment house. Being unable to practice my profession, my only dependence is that which I have tied up in the apartment house." There were submitted in connection with Dr. Gray's case a statement, dated December 17, 1934, by Dr. W. E. Whigham; a report of X-ray examination by Dr. O. J. Potthast; statement by Dr. O. J. Potthast; X-ray report by Dr. W. S. Hamilton; and statement, dated December 12, 1934, by Dr. J. G. Webb. Copies of these papers are enclosed herewith for further information of the committee. It appearing that Dr. Gray's injury was alleged to have been sustained on May 5, 1933, and notice of injury and claim for compensation not having been filed by him within 1 year from the date of injury, as required by the mandatory provisions of sections 17 and 20 of the Compensation Act of September 7, 1916, the Commission would have no alternative but to deny him the benefits of the Compensation Act. Since, for the reason indicated above, the Commission was without authority of law to award compensation to Dr. Gray, the merits of his case were not determined, and the Commission can therefore express no opinion thereon. Moreover, the Commission has made no investigation with respect to the status of Dr. Gray; that is, whether or not he was a civil employee of the United States at the time of his alleged injury. The proposed measure is apparently designed merely to waive in favor of Dr. Gray the bar of the time limitations in sections 17 and 20 of the Compensation Act of September 7, 1916, referred to above, and to leave the Commission free to determine the merits of his claim, if filed not later than 60 days after the date of enactment of the measure, and to afford him such measure of relief as the facts, when established, may show him to be entitled to under the Compensation Act. In thus viewing the bill, the Commission interprets the expression "who sustained an injury on May 5, 1933, ** * which resulted in permanent physical disability" in lines 9, 11, and 12 of the bill, as descriptive only and serving merely to identify the alleged injury. As, however, it has sometimes been contended that similar language constitutes a legislative determination of the fact of injury and the extent of disability resulting therefrom, and required an award of compensation by the Commission without the necessity or authority upon its own part to determine the facts relative thereto, it is suggested that after the word "who" in line 9, the words "is alleged to have" be inserted. It is noted that there is no provision in the bill indicating when the benefits of the Compensation Act, if allowed, shall begin to accrue. If it be intended that the bill shall not have a retroactive effect, this intention should be signified therein, as otherwise it might be held to require such benefits to begin to accrue from the date of the injury. In view of the foregoing, the Commission makes no recommendation as to the advisability of the enactment of the bill H. R. 2345. Very truly yours, JOHN M. MORIN, TREASURY DEPARTMENT, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives. DEAR MR. CHAIRMAN: In accordance with your request of February 7, 1939, for a report on a bill, H. R. 2345, for the relief of Dr. R. H. Gray, of San Antonio, Tex., the following information is furnished: Since the bill merely provides for waiving the time limitation in which a claim may be filed, and permits the claim to be considered on its merits by the United States Employees' Compensation Commission, this Department would not be opposed to its enactment. Very truly yours, STEPHEN B. GIBBONS, Acting Secretary of the Treasury. Hon. MAURY MAVERICK, SAN ANTONIO, TEX., July 17, 1937. House of Representatives, Washington, D. C. DEAR MR. MAVERICK: I have just read your reply to the letter of A. S. West, attorney, of this city, in regard to the bill introduced on my behalf in which you state that the House Claims Committee has discontinued hearings for the rest of this session. You also state that your are contacting Mr. Kennedy, chairman of the committee, and urging that some action be taken in the matter. Now, Mr. Maverick, I would not think of writing you personally in this matter were it not for the fact that if I am unable to get help through you, thereby obtaining approval of my claim within a very short while, it will mean that I will be moved out into the street with no home and no place to go at my age (75 years). My health is very poor and constantly under treatment of a physician and I feel that should I have to wait the time indicated in your letter until the meeting of the next session of Congress it will very probably be too late as far as I am concerned, more especially since I shall in a very short time have to see all of my life's earnings taken away from me, and myself left at the mercy of others. You know personally that the reason why I am not receiving the compensation is that I hesitated and waited so long hoping to get well and that I would not have to call on the Government for aid until the time for filing my claim had lapsed. Mr. Maverick, please do all in your power at once before it is too late. I Dr. R. H. GRAY. am, Sincerely yours, SAN ANTONIO, TEX., December 3, 1934. X-RAY REPORT Patient: Dr. R. H. Gray, 310 Carson. Findings: Right knee joint: There is some lateral displacement of the patella as compared with left, which is normal. There is evidence of an old compression fracture of the lateral condyle of the femur with some deformity persisting. There is lipping of the tibia spines and lateral, articular border of tibia due to osteoarthritis. This arthritis may be due to trauma. W. S. HAMILTON, M. D. SAN ANTONIO, TEX., October 5, 1936. X-RAY REPORT Patient: Dr. R. H. Gray, City. Right knee: There is evidence of an old compression fracture of the lateral condyle of the femur with some deformity persisting. Union of fragments is complete. The patella is displaced laterally and there is lipping of the superior and inferior margins. There is lipping of the tibial spines and the articular borders of the tibia due to an old osteoarthritis which may be traumatic. Right knee: Reexamination shows that there is an increase in the amount lipping along both tibial spines, the articular margins of the tibia, and the upper and lower margins of the patella. These findings would indicate a progressing osteoarthritis. О W. S. HAMILTON, M. D. MAY 24 (legislative day, MAY 19), 1939.-Ordered to be printed Mr. CAPPER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3074] The Committee on Claims, to whom was referred the bill (H. R. 3074) for the relief of Edgar Green, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in House Report No. 475, Seventy-sixth Congress, first session, which is appended hereto and made a part of this report. [H. Rept. No. 475, 76th Cong., 1st sess.] The Committee on Claims, to whom was referred the bill (H. R. 3074), for the relief of Edgar Green, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: At the end of the bill, strike out the period, insert a colon, and the following language: "And provided further, That no benefits shall accrue prior to the approval of this Act." The bill is designed to merely waive in favor of Edgar Green, of Chillicothe, Ohio, the bar of the time limitationsin sections, 15 to 20, both inclusive, of the act of September 7, 1916, and to leave the Commission free to determine the merits of Mr. Green's claim, and to afford him such measure of relief as the facts, when established, may show him to be entitled to under the provisions of the Employees' Compensation Act of September 7, 1916, as limited by the act of June 22, 1936 (49 Stat. 1608), and amendments thereto. STATEMENT OF FACTS Mr. Green alleges that while on duty and during the course of his employment by the Works Progress Administration on September 8, 1936, on Works Progress Administration project No. 7585, in Ross County, Ohio, he was struck over the back of his head by another worker with a club. As a result of the injury sustained by this blow, Mr. Green alleges that he has now lost the sight of his left eye and that his right-eye vision is very blurry. He further alleges that he was laid off from his employment because he could not see well enough to do his work. Mr. Green did not report his injury direct to the Employees' Compensation Commission until February 4, 1938, which was more than a year after his injury, and his claim was therefore not eligible for consideration by the Commission. |