Page:United States Statutes at Large Volume 44 Part 1.djvu/1238

 § 499 ~ TITLE. -§8.-—PENSION8, BOND that any right. accrues to any person under the provisioxis 0: this title such .pe1TS<>¤ is a minor, — or is of imsoimd mied oa physically unable to make a claim, _- the time `hereixg provider shell not. begin to rua until such disability. ceases, ‘ (June" 7 192;,cc. 320, 5 289,2.43 Stat. 623.) · — ._ · . ‘ ` l 499,_Paymeaf of { compensation for·#period‘prior to claim; retroactive eEect of increase of _ compensation.-—-No compensation shell be s yable for any period more than oee year prim to the dete of§c1eim" therefor, not shalllxxcreesegl compensatiox be awarded to fevert fback more than six moatbs. prior to_ thi clete of claim therefor. __E§cept in case of fraud participateé in by the beechciary, ho reduction in compensation shall be mode; retroactive; (June 7; 1924, c. 320, §·, 43 Stat. 623.) 598. Compeneatio;1 to members or Ar ¤ Navy N ursc Corps (female).——Con1peiisatiou_ because »_ dl bility or death of members of the Afmy Nurse Corps “ female)  p of the Nav; Nurse Corps (female! shall be in li of any co A  satiou fm suchdisability or death under secti  s·_751 to 79 ; inclusive, 01 Title 5. (June Z, 1924, c. 320, 5-211 43 Stat._.623`, g M Z . 591. Compensation to benehciar   auf =.  g injuries 01 mggreyatioe of . ixijuries due to tra in  hospitalization, ,01 medical or surgical treatment.-—Where any beneficiary rsuifers -01-. has suffered ee injury or an .aggr,avatiou of- an 1_-existing in§ury as the result of treining, ~hospital`1zation;] or medical o1 - surgical treatment, awarded to- him under   the Vocational Rehabilitation Act, Jtme 27, 1Q18_ (chapter 107, Fortieth `_Stat< utes, page 617), asemeuded,. the iWar Risk Insurance Act; September 2, 1914 (cl1apter”293, Thirty-eighth_ Statutes, page 711), as amended, or thischapter,. or as aresult of having sub . mitted to examination under authority of section 303 of the War Risk Insurance "Act, ‘Oct0ber 6, 1917 (chapter .105, Fo1ftieth.Statutes, pag•ee 406-407), or section 492,0f thisclgapter, .and not the result of his misconduct, and such. fxijhry or aggrevatioa of as existing injury results in additional disability to or the death of such beneficiary, the beueiits of this title shall be; awarded in the same manner as thoughjsuch disability, aggravation, or death was the _ result of military service during the. World War. The be1ie§ts‘.0f_ this section shall be in lieu ot the benefits under eections.751 to 791, inclusive, of Title 5. Application shall be made for " such. beneiite within two years after such injury or aggrayatiou was sutifered or such death occurred or after March 4, 1925, whicheever is the 1ate1·_date._ The provisions of section- 502 of this title Qshall be applicable to beneficiaries under this section. (June 7, 1924, c. 320, 5213, 43 Stat. 623; Mar.'4,.1925; @553, 5 11, 43 Stat. 1308.) A · _ d _. . 592. Assignment of right of action to the United Statesfor ieiury caueingdeath or disability.--(gl.) It and iojury or déeth for which compensation is payable under Part II of this chapter is caused under circumstances creating a legal liability upon some person other than the _`U11i_ted States or the enemy _.to pay damages therefor, theilirector, as·a‘ condition topay- meat of ”compehsatio11,by the United States, may require the beneficiary to assign to· the United States any right of action he may here to enforce such liability of such other person, or it it appears to be for the best iIlt€1’€StSj0f the behedciary the direc- . for Jmay require him to prosecute the said ection in his oem marzoe, subject to regulations. The director rosy require such sssigim1ent·or prosecution at ahy· time after the injury or dosth, and the failure on the part of the beuehclo-;j_y to so assign or to prosecutesaid cause of action in his own came within. a reasonable time, to_be died by the director, shall bar any right to compensation oo account of the some ihgory or death. The cause of action so assigeed°to·the United States may be prosecuted ee compromised by the directo:=,_a11d any mosey realized or collected tihereoo, less the reasonable expexises of "soch healizatiou or collection, Shall beplaced to the credit of the military

VSE8, AND VETERANE RELIEF} _ 1224 { end nnmi compensation appropriation. if- the amount pinned fg » n thegcredlt of such appropriation in such case is in excess or the i_ amount of the award of compensation, ii shi, such exceég slmnxf ’, he paid to the benencihryd after any eon££·nensation' award iron the eamehmjury o1·._d&th .iemade.` —_ · J ` -’ ered, asn result (lf-Er suit brought by him or on his behalf, or ¤· as e result of a settlement made by him or \on"his`behn1:,` any 1 money or other property in satisfaction of the liability of such a` other person, such money or other property m recovered she}: ` l be, credited __ upon anyincompensetion nageble, _ or which may a become payable, to such bene1§cinry, or conditional benetlciery >, by the United States on eécotmt ot the sexne lnjerylor death.
 * lg V n benenciory or conditional benencieey shell hnve iconv.
 * _ (2) If an injury or death for which compensation may he

n payable under Part II of this chapter is caused nnder eircom. 7 stenceslcreeting a legal linbtlity npon some·person,» other then r the United. States or the enemy; to PQY Qamegee therefor, then. Ec in order to preserve the right of._nction·, the director may; require · the conditional benefnciery at any time after thelnjtlry or death, r to osslg11‘such‘right of action to the United States,) or, if ir;. r__ appears to be for the best ixntemsts of euch conditional beneii- ` s_ ciary, to prosecute. the said cause ofnction in his own nemo, _, l his own name wjithin a reasonable time, ‘to bé Bred by the { director, shall ber any right to compensation? on account of ,° the sdme injury or death; The cause of action so ‘ eesigned  e may zobe prosecuted or compromised by the director; end any - money realized or collected thereon, less the reasonable ex. e penses of such realization or- collection, shall he paid to snch ,_ beneiiciaryy and be credited- upon any future compensation, which may bec0m2é` payable _ to such, benenciery by the United r States on ncconnt of the same injury ordeath. _ Y , A - ‘ (Zn) The Veteran.? Bureau is authorized to `pey_ theébenen iiclnry or other person or- persons in whose name en action mey r [ have been commenced or prosecuted, and- all wltn  in secu ~ action, feeejnnd mileage, the same es is paid and allowed l, to" witnesses in the United States courts in going to, remaining . at, and ret\1ming`from piece ot trial, end without any regard n to whether the action, it any, is brought or prosecuted in ;e_ - i court of the United Stetw orjeome other eonrt. " ‘ ’ · l` In all canes of `nqsignment of muses of action under thin { Section, whether ~»the eesignment be heretofore or hereafter - made, where it ehall_,nppenr“F‘t<it"the*`direetor to be ‘ to the interests ot there hciienclmiy so to do, the director, acting for and —in the `nameoi the United-¤,Stetes,jmoy nseign the cenee . _ of notion becktto the heneficierylor to his personal representey-  X3) The bureau Sh3u_lI1&k€ all “ne·ceesery.r@t_1latione fof carrying out the `purposes of, this . eeetiom For the purpoeee~ o£.con1pnta·tion only 'nnder this section the totel·an1onnt"oi compenéetion due any benencinry Shell he deemed to he eqnim? lent to e lmnp sum eqnel to the premnt relne ot gell future · peyments of compensation computed as of the date of me`, award of coxnpeneationl at 4   centnm, trixe discount, compounded nnmrolly, _The prohnhillty ot thee-henencierys death before the expiration of theperlod during which he is entitled to compensation shell be determined according to the American ’ »Experlence Table of _Mortellty.—, _ _ » ‘  conditional henedclery jenny person who mer become` entltloil to compensation under. Pnrt. II of this chefiter on or ngter the.,deeth,01'.the i¤}¤1‘€d D€i°¤€¥¤· ‘ · 4 ‘ · Nothing- in this section. shell he construed to innpoee any ednxinietreitive duties upéll the Wn: or, Nevy Iilepsirtments. (Sept, 2, 1914, c". 293, §-313; Oct, 6,1917, e.l105,_ § 2, 40 Stot. 408; June 25, 1918, c. 1041, § 18,—40_Stet. 613; Ang. 9, 1921, c. 57, § 21, 42 Stat. 154.)*
 * subject to regulations. The failure on the port ot the bene- ,
 * ‘ ilciary to so assign or to prosecute the said cnneefolf ection, in`