Page:United States Statutes at Large Volume 58 Part 1.djvu/777

 58 STAT.] 78TH CONG. , 2D SESS.-CH. 449-SEPT. 30, 144 1021; 14 U. S. C., Supp. III, 312), of the Coast Guard Auxiliary and Reserve Act of 1941, as amended, is further amended to read as follows: "SEw. 212. (a) In case of physical injury or death resulting from physical injury- "(1) to any temporary member of the Reserve when incurred after February 19, 1941, in line of duty as a member of the Reserve, while on active duty or engaged in authorized travel to or from such duty; or "(2) to any member of the Auxiliary not on active duty as a member of the military or naval forces, when incurred after February 19, 1941, while on Coast Guard patrol pursuant to the request of competent Coast Guard authority, and which would have been incurred in line of duty in the active service had he been a member of the Reserve acting under competent orders; 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, subject to the other subsections of this section, shall apply, and such Act shall be administered by the United States Employees' Compensation Com- mission (hereinafter called the Commission) in the same manner and to the same extent as if such person were a civil employee of the United States and were injured while in the performance of his duty: Provided, That for benefit computation, regardless of pay or pay status, such person shall be deemed to have had monthly pay of $150. "(b) This section shall not apply in any case coming within the purview of the workmen's compensation law of any State, Territory or other jurisdiction because of a concurrent employment status of such member; and where such member or dependent should be entitled to a benefit under this section and also to any concurrent benefit from the United States on account of the same disability or death, such member or dependent shall elect which benefit he shall receive. "(c) Whenever a claim is filed with the Commission for benefits because of an alleged injury or death within the purview of this section, the Commission shall notify the Commandant and he or his designee shall investigate the facts surrounding such alleged injury and make certification with respect thereto, including certification as to such injured or deceased person's membership in the Reserve or Auxiliary and his military status, and whether the injury or death occurred in line of duty or while on Coast Guard patrol pursuant to request of competent Coast Guard authority. Such certifications shall not excuse the making of such reports as are required by such Act of September 7, 1916. "(d) Notice of injury and any claim for benefits on account of disability or death within the purview of this section which occurred prior to the enactment of this amendment, may be received as timely filed, if filed within one year from the date of the approval of this amendatory Act. "(e) In case of physical injury incurred, or sickness or disease contracted (1) by any temporary member of the Reserve while per- forming active Coast Guard service or (2) by any member of the Auxiliary not a regular or temporary member of the Reserve, while performing active Coast Guard patrol service pursuant to request of competent Coast Guard authority, such person shall be entitled to receive the same hospital treatment as is afforded members of the Regular Coast Guard." SEC. 2 . Section 8, as amended by the Act of June 6, 1942 (56 Stat. 329; 14 U. S. C ., Supp. III, 267), of the Coast Guard Auxiliary and 757 Benefits for injury or death. Temporary mem- bers of Reserve. Auxiliary on Coast Guard patrol. Application of Em- ployees' Compensa- tion Act. 39 stat. 742. 5U.S. O. § 751-791, 793; Supp. Il, i 793. AnS, p. 712; pod, p. 887. Benefit computa- tion. Concurrent employ- ment status. Election of benefit. Investigation and certification. Fing of notices and Hospital treatment. Payment for la of craft in we by Coat Guard. Pt. p. 70.

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