Page:United States Statutes at Large Volume 56 Part 1.djvu/1057

 77TH CONG., 2D SESS.-CH. 668-DEC. 2, 1942 (3) to any person employed as a civilian employee of a post exchange or ship-service store outside the United States or in Hawaii, Alaska, Puerto Rico, or the Virgin Islands; and such injury proximately results from a war-risk hazard, whether or not such person then actually was engaged in the course of his employment, the provisions 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 (5 U. S . C., ch. 15), as amended, and as modified by this Act, shall apply with respect thereto in the same manner and to the same extent as if the person so employed were a civil employee of the United States and were injured while in the performance of his duty, and any compensation found to be due shall be paid from the compensation fund established pursuant to section 35 of said Act of September 7, 1916, as amended. This subsection shall not be construed to include any person who would otherwise come within the purview of such Act of September 7, 1916, as amended. DETENTION (b) (1) Any person specified in subsection (a) who- (A) is found to be missing from his place of employment, whether or not such person then actually was engaged in the course of his employment, under circumstances supporting an inference that his absence is due to the belligerent action of an enemy, or (B) is known to have been taken by an enemy as a prisoner, hostage, or otherwise, or (C) is not returned to his home or to the place where he was employed by reason of the failure of the United States or its contractor to furnish transportation, until such time as he is returned to his home, to the place of his employment, or is able to be returned to the jurisdiction of the United States, shall, under such regulations as the Commission may pre- scribe, be regarded solely for the purposes of this subsection as totally disabled, and the same benefits as are provided for such disability under this title shall be credited to his account and be payable to him for the period of such absence or until his death is in fact estab- lished or can be legally presumed to have occurred: Provided, That if such person has dependents residing in the United States or its Territories or possessions (including the United States Naval Oper- ating Base, Guantanamo Bay, Cuba, the Canal Zone, and the Philip- pine Islands), the Commission during the period of such absence may disburse a part of such compensation accruing for such total dis- ability, to such dependents, which shall be equalto the monthly ben- efits otherwise payable for death under this title, and the balance of such compensation for total disability shall accrue and be payable to such person upon his return from such absence. Any payment made pursuant to this subsection shall not in any case be included in com- puting the maximum aggregate or total compensation payable for disability or death, as provided in section 102 (a): Provided further, That no such payment to such person or his dependent, on account of such absence, shall be made during any period such person or dependent, respectively, has received, or may be entitled to receive, any other payment from the United States, either directly or indi- rectly, because of such absence, unless such person or dependent refunds or renounces such other benefit or payment for the period claimed. Benefits found to be due under this subsection shall be paid from the compensation fund established pursuant to section 35 of such Act 56 STAT.] Persons regarded as totally disabled. Detention benefits. Proisos. Payments to de- pendents. Restriction i re- ceiving other benefits. Fund available. 39 Stat. 749. 5U. C.I788 1029 39 Stat. 742 . Ante, p. 726. 39 Stat. 749. 5 U.S. C. 785.

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