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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., Ist 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

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

sooner.

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.

OFFICE OF THE POSTMASTER GENERAL,

Washington, D. C., March 3, 1939. Hon. AMBROSE J. KENNEDY,

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.

AFFIDAVIT STATE OF COLORADO,

City and County of Denver, 88: Alfred L. Barnholtz, of lawful age, being first duly sworn upon his oath deposes and says: That he was employed by the Post Office Department as a carrier from 1907 to 1921; that his health broke down and caused him to leave the service; that he did not have any knowledge during the time of his service that the Compensation Act had been passed by Congress; that even though the officials of the Post Office Department knew Albert L. Barnholtz was leaving the service because of tuberculosis the officials nor any other person made known to your affiant that such a law was on the statute books and your affiant did not know until the latter part of 1936 that such a law existed; that he would have filed his claim for compensation sooner if he had known of such a law; that all of the delay in filing said claim was caused by ignorance on the part of your affiant as to his rights; that your affiant has always known that his condition was caused by his employment and not by anything he had done.

Witness my hand at Denver, State of Colorado, this 14th day of February A. D. 1939.

ALBERT L. BARNHOLTZ, Affiant. Subscribed and sworn to before me this 14th day of February A. D. 1939. (SEAL)

RICHARD E. BISHOP, Notary Public. My commission expires April 9, 1942.

DENVER Colo., November 1, 1937. To Whom It May Concern:

This is to certify that Albert L. Barnholtz has been under my care since January 1924. He has a very active pulmonary tuberculosis which is progressing to an unsatisfactory degree. At various periods he has been in the sanitarium; but at the present he is up and around but unable to work more than 2 or 3 hours a day.

ELI NELSON, M. D. Subscribed and sworn to before me this 1st day of November A. D. 1937. (SEAL)

RICHARD E. BISHOP, Notary Public. My commission expires April 10, 1938.

DENVER, Colo., February 7, 1938. Mr. A. L. BARNHOLTZ,

1034 East Colfax Avenue, Denver, Colo. MY DEAR MR. BARNHOLTZ: With further reference to your application for benefit of the Retirement Act due to sickness incurred in the Postal Service. I wish to add this additional information.

Following the Post Office Department's instructions to supply transportation to carrier routes over one-half mile from the office, you were allowed street-car tickets for that purpose. The greater part of your route was outside the half-mile limit. However, a small part of your route was inside this limit, and due to a shortage of funds, you were frequently forced to walk to your route and carry all of your first-class and insured mail, the rest being relayed by truck. Yours very truly,

EUGENE J. O'CONNELL, Assistant Superintendent of Mails, Retired.

STATE OF COLORADO,

City and county of Denver, ss: William A. Higgins, of lawful age, being first duly sworn upon his oath deposes and says: That he is a retired postman and that he became acquainted with Albert L. Barnholtz in 1907, when Mr. Barnholtz was appointed a carrier at the old post-office building in Denver, Colo., and that after the removal of the post office to its new building the cases of the undersigned and Mr. Barnholtz were side by side from 1916 to 1920. That it came to the attention of the undersigned that

S. Repts., 76-3, vol. 3

-21

Mr. Barnholtz complained to Mr. Kelly, carrier foreman, that he (Barnholtz) was not physically able to carry his load to the Hotel Savoy at Seventeenth and Broadway Štreets, Denver, Colo., and asked Mr. Kelly to have same delivered there by truck which Mr. Kelly did. This happened in 1918 and continued until Mr. Barnholtz took sick leave. Up to this time Mr. Barnholtz was an excellent carrier and had never so far as the undersigned knew asked for help. I have first-hand information as to Mr. Barnholtz's condition because of the close working conditions in the office. I know that Mr. Barnholtz began to fail in health in 1918 while he was a regular postman for the Government and has never recovered therefrom.

WILLIAM A. HIGGINS. Subscribed and sworn to before me this 2d day of December A. D. 1937. (SEAL)

RICHARD E. BISHOP, Notary Public. My commission expires April 10, 1938.

STATE OF COLORADO,

City and County of Denver, ss: Francis J. Carlin, of lawful age being first duly sworn upon his oath deposes and says: That during 1918, 1919, and 1920 he was the parcel-post carrier for the Post Office Department and his route covered deliveries to the Savoy Hotel, Seventeenth and Broadway Streets, Denver, Colo., and that Mr. Kelly, carrier superintendent, directed him to take the second- and third-class matter on Mr. Barnholtz' route and leave the same at the Savoy Hotel for Mr. Barnholtz. This practice continued through the years 1918, 1919, and 1920 until Mr. Barnholtz took sick leave. I was told by Mr. Kelly that Mr. Barnholtz was not physically able to carry this load to the Savoy Hotei, a distance of some five blocks from the post office. From my observation of Mr. Barnholtz at that time I can say that he was a sick man and am certain his condition was caused by the heavy work placed upon him while in the employ of the Government. Witness my hand at Denver, Colo., this 3d day of December A. D. 1937.

FRANCIS J. CARLIN. Subscribed and sworn to before me this 3d day of December A. D. 1937. (SEAL)

RICHARD E. BISHOP,

Notary Public. My commission expires April 10, 1938.

DENVER, Colo. Certificate of medical attendance, Albert L. Barnholtz In re the above-captioned case, Albert L. Barnholtz, was under my professional care, suffering from influenza, in June 1918 and a relapse in July and August 1918.

F. H. WEISS, M. D. Subscribed and sworn to before me this 27th day of November A. D. 1937. (SEAL)

RICHARD E. BISHOP, Notary Public. My commission expires April 10, 1938.

STATE OF COLORADO,

City and County of Denver, ss: John Leffler, of lawful age, being first duly sworn upon his oath, deposes and says: That he was the manager of Queen City Tire & Rubber Co., 215 Sixteenth Street, Denver, Colo., from the 13th day of June, A. D. 1918, to the 1st day of December, A. D. 1921, and during most of that time Mr. Albert L. Barnholtz was the postman on the postal route that took in 215 Sixteenth Street, Denver, Colo., and it came to my attention that Mr. Barnholtz had to stop in the store quite often and rest before he could continue on his route, and this was more noticeable during the months of November and December 1918 and in January 1919. It was very noticeable that Mr. Barnholtz was a sick man during the above period, and I remember on one occasion that Mr. Barnholtz had to have the attention of a doctor before he was able to finish his route.

Witness my hand this 1st day of December, A. D. 1937, at Denver, State of Colorado

JOHN LEFFLER. Subscribed and sworn to before me this 1st day of December, A. D. 1937. My commission expires April 10, 1938. (SEAL)

RICHARD E. SHOP, Notary Public.

DENVER, Colo., December 6, 1937. COUNTY OF DENVER,

State of Colorado: To Whom It May Concern:

This is to certify that I have examined Albert L. Barnholtz on two occasions; once January 10, 1920, and again on March 20, 1920.

Physical examination the first time revealed a general run-down condition, with signs suggesting pulmonary tuberculosis. My examination on March 20, 1920, showed his condition more pronounced than the first examination. The patient was advised complete rest and absence from work.

R. SCHACHET, M. D. Subscribed and sworn to before me this 6th day of December 1937. (SEAL)

MAUDE LA VELLE, Notary Public. My commission expires May 16, 1938.

DENVER, Colo., February 12, 1938. Hon. LAWRENCE LEWIS, M. C.,

Washington, D. C. DEAR SIR: As a supplement to my statement of December 6, 1937, I wish to add that, in my opinion, the exposure to which Mr. A. L. Barnholtz was subjected and the constant weight of bags compressing his chest prevented in a large measure his recovery of his already weakened condition.

R. SCHACHET, M. D.

CHAMBERS, DISTRICT COURT,

DENVER, COLO., November 26, 1937. To Whom It May Concern:

I have known Mr. Albert L. Barnholtz for the past 27 years. My first acquaintance with him was when he was a letter carrier in the district where I was engaged in business. I knew him also during the years that he left the Government service and was connected with the Nash Co. During my period of acquaintanceship with him I have always found him to be a man of truth, honor, ana honesty, and know of my own knowledge that he bears an excellent reputation in this community. During this period I do not know of him baving any vicious habits, and always found him a sober and industrious citizen. Very truly yours,

JOSEPH J. WALSH.

DENVER, Colo., November 24, 1937. To Whom It May Concern:

The undersigned, C. B. Watkins, was employed in the Denver, Colo., post office from April 9, 1899, to November 30, 1936, and between July 22, 1910, and September 1, 1930, had more or less direct supervision of the letter-carriers and as such personally knew Albert L. Barnholtz. He was known to me as an efficient carrier. His separation from the service was made necessary by reason of disability incurred during his period of service. The fact that a physical examination was required by the Civil Service Commission for entrance in the carrier service, would indicate that his health was good on entering. The exposure to the

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