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claims of this character. The only redress, so far as this Department is aware, would be through an act of Congress.

In this connection you are informed that the Department does not take the initiative in obtaining legislation for the payment of such claims.

A copy of this letter has been forwarded to the custodian of said Federal building for his files.

Respectfully,

MCKENZIE Moss, Assistant Secretary.

Mr. MILTON W. LOWRY,

UNITED STATES POST OFFICE,
Scranton, Pa., April 11, 1925.

Custodian, Post Office Building, Scranton, Pa.

MY DEAR MR. LOWRY: I recall during the Christmas period, 1924, an accident in the post-office lobby at Scranton in which Miss Nell V. Mullen claims to have fallen and injured her kneecap. I was advised by somebody in the building that a woman had been injured and went to the lobby to offer any assistance that I might be able to give. Miss Mullen was then sitting on a chair inside the main entrance.

At that time the lobby was very much congested; it was, as I recall, the heaviest day of the Christmas rush, and there was scarcely elbowroom for the large crowd of patrons. It was snowing, and the floor of the lobby was wet where the snow had been tracked in from the streets. This condition was unavoidable because of the crowd in the lobby at the time. The lady informed me that she had slipped just after entering the door, and had injured her knee, and requested that her brother be called; the postmaster and myself wished to send her to the hospital, but she would not consent to it. Her brother came within a very few minutes and procured a taxicab to remove her to her home. The lady then claimed she was unable to walk, and Assistant Superintendent of Mails Nealon and another man carried her to the cab.

It is my recollection, and I believe that the injured lady gave the information herself, that she had once before suffered a dislocation of the same knee. I honestly believe that the wet floor in the lobby caused her to slip and fall, but I do not believe the condition could have been corrected under all the circumstances. Very respectfully, J. A. BRENNAN, Post Office Inspector.

MOSES TAYLOR HOSPITAL,
Scranton, Pa., April 15, 1925.

Mr. MILTON W. LOWRY,

Postmaster, Scranton, Pa.

Yours of April 9.

DEAR SIR: Miss Nell V. Mullen. This patient was admitted to this hospital December 27, 1924, with a history of having slipped on the floor and injuring her right knee.

Examination showed an ordinary fracture of the right kneecap. The ligaments holding the kneecap were sewed according to the usual manner of operation, on December 29, 1924.

Patient left the hospital on February 2, 1925, still walking on crutches. Condition of the knee, however, was good and a complete functional recovery was expected. This patient was later treated in physical therapy department for massage, etc., for 37 treatments up to present time and is still coming regularly. Yours very truly,

J. M. WAINWRIGHT.

TREASURY DEPARTMENT, CUSTODIAL SERVICE,
Scranton Pa., April 16, 1925.

The ASSISTANT SECRETARY OF THE TREASURY,

Washington, D. C.

MY DEAR SIR: Replying to your letter of the 3d instant, "X-File: Claims etc., SA-M," in connection with a communication received from Miss Nell V. Mullen reporting an injury to her knee sustained December 22 last, when she slipped and fell in the corridor of the post-office building at Scranton, fracturing

her right kneecap, I have obtained as requested written statements from Post Office Inspector J. A. Brennan and Asst. Supt. of Mails Wm. F. Nealon, both of whom assisted Miss Mullen after the injury. I have also obtained a statement from the Moses Taylor Hospital signed by Dr. J. M. Wainwright, which describes in detail the extent of the injury.

The circumstances as they are known to us, are as set forth in Mr. Brennan's statement. He and I talked with Miss Mullen as he has stated. No communication was received from Miss Mullen, or from any person in her behalf, until her letter of the 14th ultimo which I am enclosing herewith together with copy of my reply thereto. The copy of circular letter No. 171 dated February 16, 1925, has been carefully read and filed, and in the future any accident on the Federal property here, that may come to our notice, will be promptly and fully reported to your Bureau, as directed.

It is my opinion that the floor of the lobby was kept in as good condition as possible, in the circumstances, on the date of this accident. A wet snow was falling, and on that Monday morning, the third day before Christmas, in fact all during the day, the lobby was filled with people coming and going constantly. Particularly in the morning, it would have been impossible to mop the floor, on account of the crowds of people, and the small lobby space in this building for even normal business. The floor was wet, as might be expected, but was not in the condition that might be imagined from the complainant's statement that the floor was "covered with slush and water."

I will be glad to furnish any further information that may be required for the information of your Bureau, in connection with this claim.

Very respectfully,

MILTON W. LOEDLEY, Custodian.

UNITED STATES POST OFFICE,
Scranton, Pa., April 8, 1925.

Mr. MILTON W. LOWRY,

Custodian, Scranton, Pa.:

On December 22, 1924, I was called to the corridor of the post-office building by someone at the general-delivery window. Post Office Inspector Brennan and myself went to the corridor and found a lady sitting on a chair near the door; she was moaning and claimed that her leg was broken. This lady was Miss Nellie Mullen, and she stated that she was waiting to be served at the parcel-post window at the time the accident occurred. Miss Mullen requested me to call her brother and also a taxicab. I helped carry her to the taxicab after her brother arrived.

Respectfully,

WM. F. NEALOW, Assistant Superintendent of Mails, Post Office.

The COMMONWEALTH OF PENNSYLVANIA,

County of Lackawanna, ss:

Personally appeared before me, the subscriber, one of the aldermen of the aforesaid county, Minnie Petrokas, who, being duly sworn according to law, doth depose and say that she lives at 194 Wilbur Street, Scranton, Pa., and Í was in the post office at Scranton, Pa., December 22, 1924, and saw Nell V. Mullen slip on a slushy floor while mailing a parcel-post package and saw her carried out and brought home, and further deponent saith not.

MINNIE PETROKAS.

Sworn and subscribed before me this 2d day of December, A. D. 1925. [SEAL] JAMES J. NOONE, Alderman.

My commission expires first Monday in January 1928.

о

76TH CONGRESS 3d Session

SENATE

{ No. 1736

REPORT

ALBERT L. BARNHOLTZ

JUNE 3 (legislative day, MAY 28), 1940.-Ordered to be printed

Mr. TOBEY, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 3774]

The Committee on Claims, to whom was referred the bill (H. R. 3774) for the relief of Albert L. Barnholtz, 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. 1278, Seventysixth Congress, first session, which is appended hereto and made a part of this report.

(H. Rept. No. 1278, 76th Cong., 1st sess.

The Committee on Claims, to whom was referred the bill (H. R. 3774) for the relief of Albert L. Barnholtz, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Line 5, after the word "disability" insert "due to tuberculosis".

Line 6, strike out the word "incurred", and insert in lieu thereof "contracted". Line 7, after the words "post office" insert "during the period 1907-21". The purpose of the proposed legislation is to merely waive the time limitations of the Employees' Compensation Act in favor of Albert L. Barnholtz for disability due to tuberculosis alleged to have been contracted by him while employed in the Denver, Colo., post office, during the period 1907-21.

Your committee realizes that considerable time has elapsed since Mr. Barnholtz' period of employment with the Post Office Department, but in view of the fact he has not had his claim considered by the Employees' Compensation Commission, your committee is of the opinion that he should be allowed this privilege because of the seriousness of his disability.

Mr. Barnholtz states that he was not familiar with the Employees' Compensation Act until the latter part of 1936, and for that reason did not file his claim

sooner.

Appended hereto is the report of the Employees' Compensation Commission, and the Post Office Department, together with other pertinent evidence.

UNITED STATES EMPLOYEES' COMPENSATION COMMISSION,
Washington, March 7, 1939.

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. 3774, for the relief of Albert L. Barnholtz.

The bill provides: "That the United States Employees' Compensation Commission is hereby authorized to consider and determine the claim of Albert L. Barnholtz, of Denver, Colo., for disability alleged to have been incurred by him while employed in the Denver, Colo., post office, in the same manner and to the same extent as if the said Albert L. Barnholtz had made application for benefits under 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, within the period required by sections 17 and 20 thereof. No benefit shall accrue by reason of the enactment of this Act prior to the date of such enactment: Provided, That claim hereunder shall be made within ninety days from the enactment of this Act. The first written notice to the Commission of any injury or disability to Mr. Barnholtz is contained in a letter received by the Commission on February 26, 1938, signed by the Honorable Lawrence Lewis, Member of Congress, transmitting various affidavits from which it appeared that Albert Barnholtz was employed as a mail carrier by the United States Post Office Department for a number of years until June 15, 1920, when he applied for sick leave; that about that time his condition was diagnosed as pulmonary tuberculosis; that he was thereafter refused reinstatement in the Postal Service.

Since it did not appear that an original claim for compensation or written notice of injury had been filed in this case within 1 year from the date of the alleged injury, as is required by the mandatory provisions of sections 17 to 20 of the Federal Employees' Compensation Act of September 7, 1916, the Commission was without authority to consider any claim that might be filed in this case, and Congressman Lewis was so advised by letter dated December 15, 1937.

Since, for the reason stated above, the Commission had no authority of law to consider the merits of this case, no inquiry was made relative thereto, and the Commission can therefore express no opinion thereon.

The bill, H. R. 3774, is apparently designed to waive in favor of Albert L. Barnholtz the bar of the time limitations in sections 17 and 20 of the Federal Employees' Compensation Act of September 7, 1916, and to leave the Commission free to determine the merits of his claim, when filed, 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 Compensation Act.

There is no reference in the bill to the nature or date of the injury on account of which it is proposed to extend relief. Such a reference is customary and it is suggested that it be added for the sake of the record and for identification of the

case.

In view of the foregoing, the Commission makes no recommendation with respect to the advisability of the enactment of the bill, H. R. 3774.

Very truly yours,

(Mrs.) JEWELL W. Swofford, Chairman.

Hon. AMBROSE J. KENNEDY,

OFFICE OF THE POSTMASTER GENERAL,

Washington, D. C., March 3, 1939.

Chairman, Committee on Claims, House of Representatives.

MY DEAR MR. KENNEDY: The receipt is acknowledged of your letter of February 23, 1939, requesting a report upon H. R. 3774, a bill for relief of Albert L. Barnholtz.

Albert L. Barnholtz was appointed as substitute carrier in the Denver, Colo., post office on July 24, 1907. He was promoted to the position of regular carrier on January 17, 1910, at $600 per annum, and was promoted from time to time, his final promotion being made on July 1, 1920, to $1,800 per annum. On June 15, 1921, he resigned without prejudice.

Reports of injuries sustained in line of duty are submitted by postmasters directly to the United States Employees' Compensation Commission and there is no correspondence on file in this Department in regard to any injury suffered by Mr. Barnholtz.

Very truly yours,

W. W. HOWES, Acting Postmaster General.

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