Page:United States Statutes at Large Volume 44 Part 1.djvu/94

 § 777 211111.1;: 5.-1;.1‘1;¤;z;r11 i; hi;.·1·. l1:;;·:.z1; 777. Adjustment in case of receipt by employee of money or property in satisfaction of liability of third person.——If an injury or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability. in some person other than the United States to pay dama;;es therefor, and a beneficiary entitled to compensationfrom the United States for Such injury or death receives, as a` result of a i suit brought by him 0·r`0u his behalf, or as a result of -a settlement made by him or fiu his behalf, any mO¤’éyim· other properly in satisfaction of the liability of such other person, [such l>em—iieiary'shall, after deeluetiug the costs of suit and a reasonable att0r·ney’s,fee, apply the money or other property so received -iu the following manner: * (A) If his compensation has been paid in whole or in part, he shall refund to the United States the amount of compensation which has been paid by the United States and credit any surplus upon future payments of compensation payable to him on account of the same injury. Any amount so refunded to the United Status shall be placed to the credit of the empl0yees’ - compensation fund. . a ·` (B) If no compensation has been paid to him by the United States, he shall credit the 1l10ll.(?}' or other property so received upon any compensation payable to him by the Ynited States on account of the same injury. (Sept. 7, 1916, c. 458, § 27, 39 Stat. 7-17.) 3 _ _ 778, United States Employees? compensation Comniission.-#—— The United States Employees? Compensation Commission shall he eompdsed of three commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the I’resident·a,s cliairman. N0 ~ieom> missioner shall hold any other office or_ position under the _ United States. No moregjhau two»0f said co1u1i1is.~sioners· Shall _ M be members `of the gguireapolitieal party. One of said commissioners shall lieappoihted for :1 te‘rm° of two years, one for a- terui of four wears and one for ° ‘· expiration of each of said terms, the eonxnnissionér then appointed shall be appointed for a period of six years. The principal oltieeof said eonuuissioii shall be in WaéhingtonaDistrict of Columbia, but the said. commission is authorized to perform ·· its work at any place deepned xiecessary by said C0llllIliSSi0ll,, subjwb to the ·1't3Stl'iCfi0llS `and_lin1itati·»11‘s of this chapter. (Sept. 7,1916, e. 458, § 2S,$9 Stat. 748.) · ` 719. Same; other oliicisl bodies discqntimicdg rep0rts_·°fr0m ‘· other departments to; transfer of clerks and employees.--—`” Upop the organization of said commission and notification toi. , the heads of all executive departments that the commission is ¤’ ready to take up the work devolved upon it by this chapter, all v` c0m1nis.~;io11s.and independent bureaus, by or in which pay- 1. ‘ meulsd for compensation were provided,. ou September 7, la 1916, together with the adj'u>·:iment·'a11d setl;lement of such , 11 elaims, shall eeaw and determine, agri such egcecutive depart·‘ Q ' T ments, comnnissimis, and independent bureaus shall transfer all‘ 1 pemlim.: claims in said commission to be adnijniistered by lt. · ! The said {j0lllDll?*Flllll may olnaih, in 2lH.L‘£1S€S,_ in addition to the : nwpoqs provided in seetion 77-1 of this YitleQ such illftlfllllltialll 4 and sueh reports from employees of the departments as may be 1 agreetl upon by the €*0!l1llIlSSl01i_ and the heads of the respective e departments. All cl¢·rks_ and en1ployee,s on Sei»iember` 7, ilillti, 1 `_¢-xelnsively enga;.·:ed in carrying. on said work vin the various e executive ‘dep‘:u·tments, `_C0ll1llllSSl••liS, and independent bureaus,. -1 are traasferre¤l io, and heroine enuployeus of, the (3l)l1lll1l5:·4lt.lll-lt 1 mheir preserit grades and salaries. (Sept. 7, 1916, c. 458, S 2Sa, 1 3£}St.:1t. 718.), ° - — * "· _· 4 · 'Z80. Same; subpumas for ·witnesses.——1'he emnmission, orany 1 co1nmi>=s~ioaer hy authority of the commLs.•sio1·.1,.slxall hu`ve power I to issue sul»pn·n:is for and compel thewxtteudanee of witnesses 1 within a radius of one hundred miles, to require the production 2

ALS, 0I*1‘1t‘1J1t»S, AEVD EMl’.LUYEES  St} of books, papers, documents, and other evidence, to ::dzniniz »r onths, and to enramine witnesses, upon may matter xviizrin aw jurisdiction of the conunissiun. (Sept. 7, 1910, c. 45%, sl zis we Stat. 748.) 1 ` _781. Same; assistants, clerks, and other employees; cizil service.--Aseistnints, clerks, and other ennpioyees nf the emo mission shall be appointed from lists of etigiblcs fu iw smplied by the Civil Service Comxnission, and in aeeord¤¤n_e wiziii the civil service law. (Sept. 7, 1916, c. 458, 5 30, 39 Stat. 74*4 p 782. Same; estimates of appropriations.—Cl`tie ct»n1nt»i:~,,.,;, shall s1D1111it·a11nu:1lly to the Secretary of the Trensm·y emimates of the appropriations necessary for the work of the muzimissioni (Sept. 7, 1916, 0.458, § 31, 39 Stat. 749.} 783. Same; rulesland regulations.—The eunnni>1si#»¤1 is uqtiiorized to nmke necessary rules and regulations for the ext- 1"·>rc·e1ncnt of this chapter, and shall decide all questions nrie, ing under this cl1:1pter..‘(Sept. 7, 1916, c. 458, 5 32, 39 Stzit. 7-19.) ·, ‘ r —-  ¢ . . 784. Same; rep0rts.——'I’be commission shall xnfnke tu imngress at the begixaniné; of each regular session 11 report of its wort; for the pregyflug iiscai ·$·ea1r, including _:1 detailed urinement of appropri tions and expenditures, il detailed st:1tt·znent snowing receipts of nnd_expe11ditures from the 011l})l¢)f»'0t*s` emupensziitimn 1`un•]·, and its recommendations for iegielntiou. (Sept. 7, 1916. c. -158, § 33, 39 Stat. 749.) _ __ · 785. Empl0yccs’;‘compcnsati0z1 fund.—Tl1cre is_:u1thorized to be npproprinted, from any m0ney_in-tl1e Treasury not otherwise ‘:1_ppropriutc¢l, the ·S\11Il of $5U0,0Q0,it0 be set aside as :1 separate fund in the Treasury, to be known as the cn1p1uyees' compensntion fund; To this fund there shall flute added such sums as. Congress may from time to time yropriute for the purpose. »Sucb fund, Iincluding all·z1dd~itions,· that may be made to it, is authorized to be permanently appropriated for the paymentfof tlfe compensation -providea1 by this' chapter, including the medical, surgical; and hospital services und supplies prov y · 4u `t S and the transportation and burial expenses provided by sections 759 `and 761 ofntjnis title. The commission shall submit annually to the Secretary of the Treasury estimates of the npprupriaLi0n_.3*uecessaryfor the maintenance of the fund. (Seutl 7, 1916, cQ_ 458, 5 35, 39 Stat. 7-19.}  _ _    » t .- · " _786.·Find_ii1gs ind `award by__ commission; payment of compcnsatiou.—T»l1e connniission, upon r;p11Sidcrntieu of the claim presented by- the beneficiary, and the regiort furnished by the illll11Q{u§lté~ superior and the completion of such inveqstigotion as Q it muy deem necessary, shall determine and makeu funding of facts thereon and_mz1ke an nwm·d for or gnggxinst payment ofconixpcnstttion prorided for in thisclxaptcr. Connpensntimn when awarded shall be paid from the employees'. -comu<·nsution fund; ·( Sepf, 7,1916, c. 458, 5 30, 39@·St:1t. 749;) ‘ ,» 787. Same; revicw.——If the original `ciuim for cmuprn<:Hi·»n ntaseuwii made within the time gpeeiiivd in section ${0 of this title, the coxuzxiiision mny,_ at any `time, on its own nnoiiun or uu £l}!])H(‘{lQi0l1, .review the award, und, in £|,(?L:•!1’d:iltL‘t,} with the facts [mind on such review, may end, diminish, or inervnse the compensation previously awarded, or, it compensation 'hns been l't‘*fU$(‘§1 or discontinued, award coxnpensation. In the anlrsent-e of friiud or nniétuké in muthen1z1tic§_l calculation, the finding offacts in, and the decision of the- commission upon, tl1c_111v1·Et:s nf any claim presented under or authorize(l;by this. (‘ll{I[!Yt‘l’J iflsupportcd by cogupetenf .evidénce`sh:1l1 not be uubjeet to‘ review bynny other administrative or_ accounting officer, employee, or agent of the United Stnteo. Any award inode by the SUIIIITPIISHUOD Conunission for disability or death rvstlllfilig · from :1 personal injury sustained prior tip June 5,1924, `shznlj Je valid, if such awaird would be__vn1id if made in ·res{>··<rt to 111 injury S11stained*tberentter,_W(sept, 7, 1916, .c. 458, § 59* Stat. 749; June 5, 1924, c. 261, § 1, 43 Stat. 389. - `