Page:United States Statutes at Large Volume 39 Part 1.djvu/764

 SIXTY-FOURTH CONGRESS. Sess. I. Ch. 458. 1916. 743 of an employee resulting from a personal injury sustained while in 1n the performance of his duty, but no com ensation shall be paid E"°°*’°“"" 1f the injury or death is caused by the willful misconduct of the employee or by the employee’s intention to bring about the injury or death of himself or of another, or if intoxication of the injured emgloyee rs the proximate cause of the inj or death. nc. 2. That uring the first three days Lblfydisability the employee D°y°°mm°d' shall not be entitled to conépensation except as rovided in section · nme. No compensation sh at any time be aid) for such period. __ Sec. 3_. That 1f the drsability is total the lliiited States shall pay 'dgi¤°j»riiiiii»Li‘$'p¤y. to the disabled employee during such disability a monthly compensatron equal to sixty-six and two-thirds per centum of his monthly pav, except as hereinafter provided. Parmdimbmt Sec. 4. That 1f the disabrlity is partial the United States shall pay ¤<>¤=¤¤¢¤¤<>¤ vfyésy- to the disabled employee during such disability a monthly compensation equal_to sixty-six and two-thirds per centum of the difference between his monthly pa and his monthly wage-earning capacity _ after the beginning of such partial disability. The commission may, "`m"i"°q“"°°‘ from tune_to time, reqrure a partially disabled employee to make an affidavit as to thewages which he is then receiving. In such affidavit the employee shall include a statement of the value of housinti, board, edging, and other advantages which are received from e employer as a part of his remuneration and which can be N , estimated rn money. If the employee, when required, fails to make mu°Z,p°y °°"‘h"° °° such ailidavrt, he shallnot be entitled to any compensation while such failure continues, and the period of such failure shall be deducted from the period during which compensation is payable to him. N ° Sec. 5. That if apartially disable employee re uses to seek suitable wei. my H '°"“l“‘ work or refuses or neglects to work after suitable work is offered to, ' procured by, or secured for him, he shall not be entitled to any compensatron. ow Sec. 6. That the monthly compensation for total disabilit shall a1s“i»ntmr°}li°° M mm not be more than $66.67 nor less than $33.33, unless the employees monthly pay is less than $33.33, in which case his monthly compen- Farm sation shall be the full amount of his monthly pay. The monthly com ensation for partial disability shall not e more than $66.67. T mm I In the case of persons who at the time of the injury were minors or m.° °"’°°° °°'°` emploved in a leamer’s capacity and who were not physically or mentally defective, the commission shall, on any YBVIGW after the time when the monthly wage·earning capacity of such persons would probably, but for the injury, have increased, award compplnsation D ( om 1ased on such probable monthly wage-eaming capacity. e com- °°'°”° °' "°" mission may, on anp review after the time when the monthly wageearning capacity o the disabled employee would probably, 1rrespective of the mjiuy, have decreased on account of old age, award compensation based on such probable monthly wage-earning capacity. Om W Sec. 7. That as long as the employee is in receipt of compensation mm}? ’°"’ ° " “` under this Act, or, if he has been paid a lumfp sum 1Il commutation of installment payments, until the expiration o the period dunng which such installment payments would have continued, he shall not recenve from the United States any salary, pay, or remuneration whatsoever P _ ua M except in return for services actually plerformed, and except pensions °""°“ P ‘ for service in the Army or Navy o the United States. Tommvwm Sec. 8. That if at the time the disability begins the employee has em. my annual or sick leave to his credit he may, su ject to the approval of the head of the department, use such cave until it rs exhausted, in which case his compensation shall begin on the fourth day of disability after the annual or sick leave ham ceased. Immdim mgm, Sec. 9. That immediately after an injury sustained by an em- gw., assistance at be plo ee while in the performance of his duty, whether or not dis- "“°“°"°‘ ability has arisen, and for a reasonable time thereafter, the United