Imágenes de páginas
PDF
EPUB

It was indeed a pleasure to see you here in Washington during the parole conference and I am sorry that we could not have had a leisurely visit together. It was very fine of you to show sufficient interest to come all the distance from the west coast to attend the conference. Cordially yours,

RICHARD A. CHAPPELL, Supervisor, Probation System, United States Courts.

DEPARTMENT OF JUSTICE,

BUREAU OF PRISONS,

Washington, April 26, 1939. Mr. CHARLES H. UPTON, Chief United States Probation Officer,

Post Office Building, San Francisco, Calif. DEAR MR. UPTON: I have submitted your file relative to reimbursement for automobile travel to our Division of Accounts and the only suggestion that they can make is that you have introduced in Congress a bill in relief. This, of course, is a personal matter for you and would not come through the Department.

I am very sorry indeed that this peculiar rule has worked such a hardship on you and it is my opinion that you should be granted the relief. Cordially yours,

RICHARD A. CHAPPELL, Supervisor, Probation System, United States Courts.

[ocr errors]
[blocks in formation]

JUNE 5 (legislative day, May 28), 1940.-Ordered to be printed

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

REPORT

[To accompany H. R. 6967]

The Committee on Claims, to whom was referred the bill (H. R. 6967) for the relief of Thomas Boyd, 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. 2239, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report.

(H. Rept. No. 2239, 76th Cong. 3d sess.) The Committee on Claims, to whom was referred the bill (H. R. 6967) for the relief of Thomas Boyd, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is merely to waive the bar of the time statute of limitations of the Employees' Compensation Act and to authorize and direct the Employees' Compensation Commission to receive and consider, when filed, the claim of Thomas Boyd, of Philadelphia, Pa., for disability alleged to have been incurred by him during January of 1934 when engaged in authorized activities while an employee of the Norfolk Navy Yard, and to leave the Commission free to determine the claim upon its merits under the remaining provisions of the act and afford him such measure of relief as the facts, when established, may show him to be entitled to.

STATEMENT OF FACTS Mr. Thomas Boyd, of Philadelphia, Pa., was formerly employed as a laborer and shipfitter's helper stationed at the Norfolk Navy Yard, Norfolk, Va., employment No. 124293. In January of 1934 he was employed as a shipfitter's helper, and on the day he was injured was engaged in assisting in unloading a barge. There was a large iron hanging door on this barge, which opened by sliding from side to side on a track. Several other employees emerged from inside of the barge on the deck, and attempted to open this door. The gate or iron door was partly open, but as these men attempted to open it further, the door became unfastened from its upper track and started to fall to the deck. When Mr. Boyd saw this about to happen, he ran forward and with all his strength got the full weight of the gate upon his upper chest and kept it from falling to the deck for several moments, during which interval the other employees succeeded in jumping to safety. Had Mr. Boyd not held this door, the men who were under same at the time would undoubtedly have been seriously hurt and probably killed.

Mr. Boyd has been left with a weakened heart which he attributes to this action on his part, and he has been pronounced unable to work by physicians of the Philadelphia Navy Yard because of the condition of his heart.. Mr. Boyd's condition has become progressively worse and his disability has been confirmed by his own personal physician.

The Employees' Compensation Commission makes no recommendation regarding the bill and the Navy Department recommends adversely, since they have no record of the accident. Ho er, this bill is merely to waive the bar of the time statute of limitations of the Employees' Compensation Act and will leave the Commission free to determine Mr. Boyd's claim on its merits. It is the opinion of your committee that Mr. Boyd should have an opportunity to place his case before the Employees' Compensation Commission, and recommend, therefore, that the bill do pass.

Appended hereto are the reports of the Employees' Compensation Commission, and the Navy Department, and also a statement from Mr. Boyd.

NAVY DEPARTMENT,
OFFICE OF THE SECRETARY,

Washington, August 2, 1939. The CHAIRMAN, COMMITTEE ON CLAIMS,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 6967) for the relief of Thomas Boyd was referred to the Navy Department by your committee on June 29, 1939, with request for the opinion of the Navy Department as to its merits.

The purpose of the proposed legislation is to authorize the United States Employees' Compensation Commission, notwithstanding the provisions and limitations of sections 15 to 20, both inclusive, of the Employees' Compensation Act, approved September 7, 1916 (39 Stat. 746; 5 U. S. C., secs. 765 to 770, inclusive), "to receive and consider, when filed, the claim of Thomas Boyd for disability alleged to have been incurred by him during January of 1934, when engaged in authorized activities while an employee of the Norfolk Navy Yard at Norfolk, Va., and to determine said claim upon its merits under the provisions of said It appears

from the records of the Navy Department that one Thomas Boyd, born September 7, 1908, was employed at the Norfolk Navy Yard, Portsmouth, Va., and at the Naval Ammunition Depot, St. Juliens Creek, Portsmouth, Va., during intermittent periods from March 10, 1931.

He was employed at the United States naval ammunition depot from October 4, 1933, as common laborer, to February 19, 1934, during the period when the disability referred to in the bill was alleged to have been incurred. On the date last mentioned he was discharged at his own request. Neither the files of the naval ammunition depot nor of the Norfolk Navy Yard contain any record of an injury to the claimant during his period of employment. The cost of the proposed legislation is indeterminate.

In view of the foregoing, the Navy Department recommends against the enactment of the bill H. R. 6967. Sincerely yours,

CHARLES EDISON, Acting.

act.",

UNITED STATES EMPLOYEES' COMPENSATION COMMISSION,

Washington, July 29, 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. 6967, for the relief of Thomas Boyd. The bill provides:

"That notwithstanding the provisions and limitations of sections 15 to 20, both inclusive, 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, the United States Employees' Compensation Commission is hereby authorized and directed to receive and consider, when filed, the claim of Thomas Boyd for disability alleged to have been incurred by him during January of 1934, when engaged in authorized activities while an employee of the Norfolk Navy Yard at Norfolk, Virginia, and to determine said claim upon its merits under the provisions of said Act: Provided, That said claim shall be filed with the United States Employees' Compensation Commission not later than 60 days after the approval of this Act: And provided further, That no benefits shall accrue prior to the approval of this Act.'

The Commission has no record of having received any claim for compensation from Mr. Boyd, nor do the files of the Commission contain any information relative to any injury or disability suffered by Mr. Boyd as described in the bill, or otherwise.

It is noted that the bill contains no reference to the nature 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 if the measure is to be favorably considered.

The proposed measure is apparently designed merely to waive in favor of Thomas Boyd the bar of the time limitations in sections 15 to 20, both inclusive, of the Federal Employees' Compensation Act of September 7, 1916, requiring notice of injury and claim for compensation to be filed at least within 1 year from the date of injury, 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 said act.

Having no information on this case, the Commission is unable to make any recommendation as to the advisability of the enactment of the bill H. R. 6967. Very truly yours,

John M. MORIN,

Acting Chairman.

STATE OF PENNSYLVANIA,

County of Philadelphia, 88: Thomas Boyd, being duly sworn according to law, deposes and says that he is a citizen of the United States, and he is an adult, male, colored person, and resides at 2053 Bainbridge Street, in the city of Philadelphia.

That he was formerly, in 1934, employed by the United States Government as a laborer and as shipfitter's helper, stationed at the Norfolk Navy Yard, Norfolk, Va. Your deponent avers that when engaged as a shipfitter's helper, his daily wage was $4 and when engaged as a laborer, his daily wage was $3.28. Your deponent avers that his employment number with the Labor Board, Norfolk Navy Yard, was 124293, that he was born September 7, 1908, at New Bern, N. C. A copy of the record of employment is annexed hereto, made a part hereof and marked "Exhibit A.” Your deponent makes the within affidavit for the purpose of inducing the Congress of the United States to pass a special bill permitting your deponent to file a claim for compensation and that the United States Congress waive the time limit contained in the pertinent acts of Congress.

Your deponent avers that he sustained an accident while employed as a shipfitter's helper, engaged in assisting and unloading a barge. Situate on this barge there was a large iron hanging door, which opened by sliding from side to side on a track. While your deponent was thus engaged, several other coemployees emerged from the inside of the barge on the deck and attempted to open this iron hanging door. The gate or iron door was opened part way, but in the attempt to open it the iron gate or door became unfastened from its upper track and started to fall to the deck. When your deponent saw this happening, he ran forward and with all his strength got the full weight of the gate upon his upper chest and kept it from falling to the deck, for several moments, during which interval, the coemployees who had come up from the inside of the barge, succeeded in jumping to safety, after your deponent was obliged to take up the weight of this iron door. Your deponent avers that had he not held up this iron gate or door, the men who were thereunder at the time, would have been hurt, seriously injured, and probably killed. Your deponent believes that for this act of heroism, he was cited to the Navy Department for bravery and he verily believes that there is a record of this citation in the Navy Department at Washington.

Your deponent avers that because of the severe strain suffered on the day of the accident referred to, he has been left with a weakened heart. Your deponent has recently been pronounced by the physicians and surgeons of the Philadelphia Navy Yard, unable to work because of the condition of his heart.

Your deponent avers that although seriously shaken and injured by the accident referred to, he, nevertheless, continued to work for 5 or 6 months after the accident, at the Norfolk Navy Yard, and thereafter for about 1 year at the Philadephia Navy Yard. Your deponent avers that his condition has become progressively worse and that his disability has been confirmed by his own personal physician.

Wherefore your deponent prays that Congress pass this special bill, permitting him to file a claim for compensation nunc pro tunc.

THOMAS BOYD. Sworn to and subscribed before me this 19th day of May A. D. 1939. (SEAL)

Milton S. WERNER,

Notary Public. My commission expires January 6, 1941.

Yard record, Labor Board, Norfolk Navy Yard, Va.
(Date, Oct. 10, 1938; name, Tom Boyd; application No. 124293)

[blocks in formation]

Placed on indefinite leave without pay from 4:45 p. m. April 5, 1934, due to lack of work.

Recalled from indefinite leave and rerated noncompetitively at own request to laborer, common, $3.28 per diem, effective April 11, 1934; date discharged July 5, 1934; pay $3.28; own request without prejudice; mark, 71.06.

July 6, 1934: Helper-shipfitter; pay, $4.' Placed on indefinite leave without pay from September 19, 1934, due to lack of work. Recalled from indefinite leave and reported 8 a. m. November 12, 1935. Placed on indefinite leave without pay from 4:45 p. m., February 6, 1935, due to lack of work. Discharged, April 9, 1935; pay $4; cause, lack of work; mark, 71.35.

F. M. BREWER,

Recorder, Labor Board. O

« AnteriorContinuar »