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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. However, 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.
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 act.
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.
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,
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.
'Temporary job employment, NAD.
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
REPORT No. 1759
MARY D. BRIGGS AND SIMEON G. RIGOR
JUNE 5 (legislative day, May 28), 1940.-Ordered to be printed
Mr. Wiley, from the Committee on Claims, submitted the following
[To accompany H. R. 7858]
The Committee on Claims, to whom was referred the bill (H. R. 7858) for the relief of Mary D. Briggs and Simeon G. Rigor, 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. 2244, Seventysixth Congress, third session, which is appended hereto and made a part of this report.
(H. Rept. No. 2244, 76th Cong., 3d sess.) The Committee on Claims, to whom was referred the bill (H. R. 7858) for the relief of Mary D. Briggs and Simeon G. Rigor, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.
The amendments are as follows:
Line 6, after the word "Act” strike out the period and add the following: “: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000."
The purpose of the proposed legislation is to authorize and direct the Comptroller General to credit the account of Mary D. Briggs, postmaster at Los Angeles, Calif., in the amount of $114.91, representing $61.03 which was paid and $53.88 to be paid, to Simeon G. Rigor, while employed as a temporary substitute clerk, disallowance of the amount having been based upon a legal prohibition resulting from lack of proof of citizenship. Section 2 directs the postmaster at Los Angeles, Calif., to pay Simeon G. Rigor the sum of $53.88, the disallowance due him.
STATEMENT OF FACTS Simeon G. Rigor, a Filipino, was permitted to perform services as a temporary substitute clerk from June 1 to June 27, 1939, inclusive, and the sum of $61.03 was paid to him covering the services rendered from June 1 to June 15. Having been advised of the illegality of such payment prior to the next pay period, the postmaster withheld the sum of $53.88, for services rendered from June 16 to June 27, inclusive. This case except as to the persons, post offices, and amounts involved, is identical with H. R. 6191, subsequently enacted as Públic, No. 212, approved August 7, 1939.
Your committee, after carefully considering the facts, recommend that the legislation do pass. Appended hereto is the report of the Post Office Department:
Post OFFICE DEPARTMENT,
Washington, D. C., October 4, 1939. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims,
House of Representatives. MY DEAR MR. KENNEDY: There is transmitted herewith for the consideration of your committee, draft of a bill for the relief of Mary D. Briggs and Simeon G. Rigor.
As you are aware, section 5 of the act of March 28, 1938 (Public, No. 453), making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1939, and for other purposes, prohibited the payment from appropriations contained in the act of compensation to aliens. Due to an erroneous impression upon the part of this Department, as well as upon the part of the postmaster at Los Angeles, Calif., respecting the status of Filipinos as regards the application of the law cited, Simeon G. Rigor was permitted to perform services as a temporary substitute clerk from June 1 to June 27, 1939, inclusive, and the sum of $61.03 was paid to him covering the services rendered from June 1 to June 15. Having been advised of the illegality of such payment prior to the next pay period, the postmaster withheld the sum of $53.88, representing the amount due Simeon G. Rigor for services rendered from June 16 to June 27, inclusive.
This case, except as to the persons, post offices, and amounts involved, is identical with that of the employment of Simeon F. Felarca at the Detroit, Mich., post office, in which case, at our request, you introduced H. R. 6491, subsequently enacted as Public, No. 212, approved August 7, 1939. The bill herewith submitted is equally meritorious, and inasmuch as service was rendered for the amount involved, it is recommended that it be enacted. Very truly yours,
W. W. Howes,
Acting Postmaster General. o