JUNE 12 (legislative day, MAY 28), 1940.—Ordered to be printed Mr. TOWNSEND, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2628] The Committee on Claims, to whom was referred the bill (H. R. 2628) for the relief of John Engblom, 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. 2224, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2224, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 2628) for the relief of John Engblom, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is designed merely to waive in favor of John Engblom, the bar of the time limitations in sections 15 to 20, both inclusive, of the Employees' Compensation Act of September 7, 1916, leaving the Commission free to determine the merits of Mr. Engblom's claim, when filed, and to afford him such measure of relief as the facts, when established, may show he is entitled to receive. STATEMENT OF FACTS According to the records, Mr. Engblom, on October 22, 1936, while employed as a foreman in the United States Forest Service, was sloping the upper of a road; that he started to slide or fall from the top of a 20-foot embankment. He grabbed hold of a limb of a tree with his right hand to break his fall, but landed with the full weight of his body on his shoulder, causing a severe strain to the shoulder muscles. Mr. Engblom did not file his claim within the time statute, because, first, he did not think the injury was serious, and second, he was informed it was a relief job and not subject to the provisions of the Employees' Compensation Act. Your committee believe Mr. Engblom should be given the privilege of presenting his claim to the Commission, and recommends passage of the bill. The reports of the Employees' Compensation Commission and the Department of Agriculture 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' report upon the bill, H. R. 2628, for the relief of John Engblom. The bill provides: "That 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, are hereby waived in favor of John Engblom, of Hawthorne, Nevada, a former foreman with the United States Forest Service at Hawthorne, Nevada; and the United States Employees' Compensation Commission is authorized to receive and consider his claim, under the remaining provisions of said Act, for injury and disability alleged to have been sustained in October 1936 as a result of his employment in such capacity: Provided, That claim hereunder shall be filed within ninety days from the approval of this Act: Provided further, That no benefits shall accrue prior to the approval of this Act." The first notice to the Commission of any disability to Mr. Engblom as stated in the bill was contained in a claim form (Form C. A. 4) received on January 24, 1938, which was executed by John Engblom, and in which he made claim for compensation on account of an injury alleged to have been sustained on October 22, 1936, while he was employed as a foreman in the United States Forest Service. The cause of injury is described in said claim as follows: "While sloping the upper side of the road I started to slide or fall from the top of a 20-foot embankment. I caught hold of a limb of a tree with my right hand to break my fall, and the full weight of my body came on my shoulder and caused a severe strain to the muscles of the shoulder." Since it appeared that no claim for compensation or written notice of injury had been filed by Mr. Engblom within 1 year from the date of the alleged injury as is required by the mandatory provisions of sections 15 to 20 of the Federal Employees' Compensation Act of September 7, 1916, the Commission had no authority of law to consider the merits of Mr. Engblom's claim, and he was advised to that effect by letter dated February 19, 1938. Since, for the reason stated above, the Commission was without authority of law to consider the compensability of Mr. Engblom's claim, no inquiry was made into the merits of the case, and the Commission can therefore express no opinion thereon. The proposed measure is apparently designed merely to waive in favor of Mr. Engblom the bar of the time limitations in sections 15 to 20, both inclusive, of the Compensation Act, referred to above, and to leave the Commission free to determine the merits of his claim and to afford him such measure of relief as the facts when established, may show him to be entitled to, under the Federal Employees' Compensation Act. In view of the foregoing, the Commission makes no recommendation as to the advisability of the enactment of the bill H. R. 2628. Very truly yours, JOHN M. MORIN, Acting Chairman. DEPARTMENT OF AGRICULTURE, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives. DEAR MR KENNEDY: I have your letter of January 23 requesting report on H. R. 2628 for the relief of John Engblom. The bill would waive as to Mr. Engblom's claim for compensation on account of injury sections 15 to 20, both inclusive, of the United States Employees' Compensation Act, approved September 7, 1916, which sections fix time limits within which notices of injury and claims arising therefrom must be submitted to the Compensation Commission, and in section 19 prescribe requirements as to form of claim. The bill would authorize the United States Employees' Compensation Commission to receive and consider the claim despite the fact that it was not presented within the statutory limits and may not fully meet the usual requirements as to form, determination under the remaining provisions of the act being left to the Compensation Commission which has jurisdiction over such matters. This Department sees no objection to waiving sections 15 to 20 in favor of Mr. Engblom. Sincerely, M. L. WILSON, Acting Secretary. AFFIDAVIT STATE OF NEVADA, In support of my claim for compensation for injuries sustained by me while in the employ of the United States Forest Service at Hawthorne, Mineral County, State of Nevada, October 22, 1936, I, John Engblom, of Hawthorne, Mineral County, State of Nevada, being first duly sworn, depose and say: That the reason I did not submit a claim against the Government for injuries received while working for the Forest Service of the United States Government at Hawthorne, Mineral County, Nev., October 22, 1936, prior to the expiration of 1 year after said injury, is because that at first I did not think the injury was serious enough and that it would be only a matter of a short time before I would be all right; I was further told by one supposed to know, in the employ of the United States Forest Service, that there was no compensation for injuries received, as the job was a relief job upon which I was working. As the time went by and the injury did not get any better, I sought medical aid from several doctors and was under their care for nearly a year, treating with one and another, and was finally advised or informed by them that it was doubtful, in their opinion, whether or not my shoulder would ever be all right again, and under oath I affirm, that the shoulder is not much better now than it was right after the accident. Further, affiant sayeth not. JOHN ENGBLOM. Dated at Hawthorne, Mineral County, Nev., this 20th day of May 1939. STATE OF NEVADA, County of Mineral, ss: On this 20th day of May A. D. one thousand nine hundred and thirty-nine, before me D. M. Buckingham, county clerk and exofficio clerk of the fifth judicial district court, in and for said Mineral County, personally appeared John Engblom of Hawthorne, Mineral County, State of Nevada, personally known to me to be the individual described in and who executed the annexed instrument who duly acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned. Witness my hand and seal of said court, at Hawthorne, in said county, the day and year in this certificate first above written. [SEAL] D. M. BUCKINGHAM, Clerk. O 76TH CONGRESS 3d Session SENATE { REPORT No. 1832 NAOMA KINDER, A MINOR JUNE 12 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. TOWNSEND, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2946] The Committee on Claims, to whom was referred the bill (H. R. 2946) for the relief of Naoma Kinder, a minor, 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. 2225, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2225, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 2946) for the relief of Naoma Kinder, a minor, 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 5, after the word "to" insert "the legal guardian of”. Page 1, line 6, strike out the sign and figures "$5,000" and insert in lieu thereof "$750". Page 1, line 7, strike out the word "her" and insert in lieu thereof "the said Naoma Kinder". The purpose of the proposed legislation is to pay the sum of $750 to the legal guardian of Naoma Kinder, a minor, in full settlement of all claims against the United States for injuries sustained by the said Naoma Kinder on August 23, 1938, when the material hoist operated by employees of the Geological Survey broke, allowing the boom to slide along the concrete handrail, striking Naoma Kinder, and causing her to be permanently disfigured. STATEMENT OF FACTS During 1938 a Public Works Administration project was in operation in Ashford, W. Va., and was under the supervision of the Geological Survey. This project involved the construction of a concrete water-stage record well, downstream from the left pier of the steel bridge at Ashford, W. Va. A material hoist was in operation at this project at the time of the accident. It consisted of a mast and a boom of 2-inch galvanized steel pipe, each member being about 16 feet long. The top of the mast was securely braced with four guy wires and the boom was |