Page:United States Statutes at Large Volume 74.djvu/941

 74

STAT.]

901

PUBLIC LAW 8 6 - 7 5 8 - S E P T. 13, 1960

on a form prescribed by the Commission. The deputy commissioner may, however, excuse the failure to furnish such report within twenty days when he finds it to be in the interest of justice to do so, and he may, upon application by a party in interest, make an award for the reasonable value of such medical or surgical treatment so obtained by the employee. If at any time during such period the employee unreasonably refuses to submit to medical or surgical treatment, the deputy commissioner may, by order, suspend the payment of further compensation during such time as such refusal continues, and no compensation shall be paid at any time during the period of such suspension, unless the circumstances justified the refusal. "(e) Whenever in the opinion of the deputy commissioner a physician has not impartially estimated the degree of permanent disability or the extent of temporary disability of any injured employee, the deputy commissioner shall have the power to cause such employee to be examined by a physician selected by the deputy commissioner and to obtain from such physician a report containing his estimate of such disabilities. If the report of such physician shows that the estimate of the physician has not been impartial from the standpoint of such employee, the deputy commissioner shall have the power in his discretion to charge the cost of such examination to the employer, if he is a self-insurer, or to the insurance company which is carrying the risk. " (f) All fees and other charges for such treatment or service shall be limited to such charges as prevail in the same communit}'^ for similar treatment of injured persons of like standard of living, and shall be subject to regulation by the deputy commissioner. " ( ^) The liability of an employer for medical treatment as herein provided shall not be affected by the fact that his employee was injured through the fault or negligence of a third party not in the same employ, or suit has been brought against such third party. The employer shall, however, have a cause of action against such third party to recover any amounts paid by him for such medical treatment in like manner as provided in section 33(b) of this Act." Approved September 13, 1960.

Degree of disability.

Fees. Limitation.

Employer liability.

33 USC 933.

Public Law 86-758 AN ACT

September 13, 1960

To amend the Federal Aviation Act of 1958 so as to authorize elimination of a hearing in certain cases under section 408.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 408(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1378(b)) is amended by inserting immediately before the period at the end thereof a colon and the following:'"''Provided further. That, in any case in which the Board determines that the transaction which is the subject of the application does not affect the control of an air carrier directly engaged in the operation of aircraft in air transportation, does not result in creating a monopoly, and does not tend to restrain competition, and determines that no person disclosing a substantial interest then currently is requesting a hearing, the Board, after publication in the Federal Register of notice of the Board's intention to dispose of such application without a hearing (a copy of which notice shall be furnished by the Board to the Attorney General not later than the day following the date of such publication), may determine that the public interest does not require a hearing and by order approve or disapprove such transaction".

Air c a r r i e r s, merger, hearings. 72 Stat. 767.

P ublioation i n F. R.

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