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or to perform work of a different nature, he must seek such suitable work as he is able to perform, unless it has already been provided for him, and shall accept such work or offer of work secured for him. Failure to do so will result in the forfeiture of the right to receive any compensation.

During the continuance of partial disability an employee is entitled to two-thirds of the difference between the wages earned in his occupation at the time of the injury and the wages earned in the position he is able to fill during the partial disability.

18. Partial disability-Certificate of inability to secure employment.Employees partially disabled and receiving full compensation, due to their inability to secure suitable employment, shall furnish with Form C. A. 8 requesting a continuance of compensation payments on the 1st and 16th of each month, a statement that they have sought but have neither been offered nor been able to secure work which they are capable of performing. This statement may be made in the form of a letter addressed to the United States Employees' Compensation Commission. Failure to furnish this certificate will result in the stoppage of compensation payments until the same is furnished.

19. Partial disability-Affidavits as to earnings in case of.-Employees receiving compensation for partial disability shall, whenever required by the Commission, make affidavit stating the exact wages which they are receiving, including as a separate item the value of housing, board, lodging, and other advantages received by them from their employers as a part of their remuneration. Failure to make such an affidavit when required will result in forfeiture of compensation during the period of such failure. Any false statement knowingly made in such affidavit by an employee constitutes perjury, and renders the claimant guilty thereof liable to punishment by a fine of not more than $2,000 or by imprisonment of not more than one year, or by both such fine and imprisonment.

20. Lump-sum compensation.-The Commission is permitted under the law to make lump-sum awards in cases of death or of permanent total or permanent partial disability, but it is not the policy of the Commission to make such lump-sum payments unless it can be conclusively shown that such action is for the best interests of the beneficiary.

21. Willful misconduct or intention to bring about injury, a bar to compensation. No compensation can be paid to an injured employee or his beneficiaries on account of an injury or death resulting from the willful misconduct of such employee, or from his intention to bring about the injury or death of himself or other persons.

22. Intoxication, when the proximate cause of injury, a bar to compensation. No compensation will be paid to an injured employee

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or his beneficiaries if intoxication of the employee constitutes the proximate cause of his injury or death.

23. Refusal of medical or surgical treatment.-No compensation will be paid on account of the death or disability of an employee if his death is caused, or if and in so far as disability is caused, continued, or aggravated by an unreasonable refusal to submit to medical treatment or to any surgical treatment, the risk of which is inconsiderable, in the opinion of the Commission, based upon expert medical or surgical advice.

24. Claims for damages against third parties liable on aceount of personal injuries to employees.-Whenever an employee sustains a personal injury while in the performance of his duties for the United States so as to create a liability on some one other than the United States to pay damages on account of such injury, the injured employee shall, if required by the Commission, assign to the United States, on a form which will be provided by the Commission in each case, any right of action on account of such liability that he may have against the person responsible. If the Commission determines that the injured employee shall not assign his right of action to the Commission, he may be required by the Commission to prosecute or compromise such action in his own name. Refusal to make such an assignment or to prosecute or compromise an action in his own name, when required by the Commission to do so, will deprive him of all right to compensation.

Even though the employee prefers to prosecute or compromise his claim in his own name, he should not fail to report his injury and to consult with the Compensation Commission. A settlement for an amount apparently satisfactory might prove wholly inadequate in case of unexpected delayed disability or of a recurrence of disability after settlement. Compensation in the latter case, which is provided by the Compensation Act, should not be forfeited by the employee without serious consideration and without a full understanding of the consequences of the course of action decided upon.

If the net amount received in settlement (the total sum less attorney's fee and costs of suit) is less than the amount of compensation and other benefits payable to the employee under the Compensation Act, he will be entitled to receive the difference from the funds of the Compensation Commission, and, in case of a recurrence of disability after the settlement, he will be entitled to the full benefits provided by the act. In case the net amount received in settlement is in excess of the benefits payable to the employee under the Compensation Act, he shall be entitled to retain all of such amount, unless he has already received benefits from the funds of the Compensation Commission, in which case such benefits shall be returned to the

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Commission; in case of a recurrence of disability, the employer shall not be entitled to receive further benefits from the funds of the Compensation Commission until the total amount of benefits payable by the Commission on account of his injury exceeds the net amount which he has recovered from the person against whom suit was brought or with whom settlement was made.

Any employee receiving any money or other property in settlement of a claim for damages for personal injury, as above described, either as a result of a suit brought by him, or as a result of a settlement out of court, shall report to the Commission, as soon as such money or other property has been received, the amount of money or the value of the property so received, together with a statement showing the costs of the suit, if any, and the amount of the attorney's fee. The Commission, after determining what is a reasonable attorney's fee in each case, will then inform the employee of the amount, if any, he is to refund to the United States on account of any compensation which may already have been paid him by the United States. If the amount so recovered exceeds the amount already paid the employee by the Commission, the difference between these two amounts constitutes a surplus which will be considered by the Commission as a credit against which future payments of compensation payable on account of the same injury will be charged.

25. Payments by mistake.-Employees paid compensation by the Commission under a mistake of law or of fact shall, as soon as the mistake is discovered or their attention is called to the same, refund to the Commission any amount so paid. Failure to make such refund will result in prosecution by the Commission.

DUTIES OF OFFICIAL SUPERIORS.

26. Definition of official superior.-The term "official superior" includes all officers and employees having direction or control of civil employees in the service of the Federal Government.

27. First-aid treatment.-As soon as knowledge of an injury to an employee under his jurisdiction comes to the attention of an official superior, he should direct the employee to apply immediately to the dispensary or medical officer, if there be one, for examination and first-aid treatment.

Arrangements should be made with the United States hospital, or with a hospital designated by the Compensation Commission, to respond with the ambulance to all emergency calls received from proper Government officials, and to admit injured employees in such cases to the hospital without delay. In all cases form C. A. 16 or a letter of request should accompany the injured employee to the hospital or be sent within 48 hours from the time of the call. A duplicate of this form or request should immediately be forwarded to the Commission.

In all places where there is a considerable number of employees on duty, the officer in charge of the work should make such provision for first-aid treatment as his resources will permit.

28. Medical and hospital service to which injured employee is entitled. When civil employees of the United States are injured while in the performance of their duties, they are, by the terms of the Federal Compensation Act of September 7, 1916, entitled to "reasonable medical, surgical, and hospital services and supplies" for the injury, whether or not disability has arisen.

Where practicable, such services and supplies must be furnished by the person in charge of the first-aid service of the establishment, by Government physicians, hospitals, or dispensaries, or by physicians, hospitals, or dispensaries designated or approved by the Compensation Commission, a list of which can be obtained from the Commission, and should be kept on hand by the medical officers and the heads of establishments.

29. Medical and hospital service-Injured employee to be informed of his rights. The superior officer should inform injured employees of their rights to medical and hospital service, as explained fully in sections 2, 3, 4, and 5 of the regulations concerning "Duties of employees," and of the names and addresses of United States medical

officers and hospitals, and "designated" physicians and hospitals available in the locality.

30. Medical and hospital services-Requests authorizing treatment of injured employees.-In cases of injury where it is practicable to utilize the services of any Government physician, hospital, or dispensary, or of a physician, hospital, or dispensary " designated " by the Compensation Commission, the official superior should give the injured employee a request, form C. A. 16, or a letter of request in duplicate to the medical officer, hospital, or dispensary, asking that necessary treatment be given. This request should recite the facts that the bearer-giving the name—is an employee of the United States, employed at giving the name of the office or establishment that he was injured in the performance of duty on-giving the date--and that treatment is requested under the Compensation Act.

31. Requests for medical or hospital service when official superior has doubt as to employee's right to treatment.-If, for any reason, the official superior is in doubt as to whether or not an injured employee is entitled to medical relief under the Compensation Act, he should immediately communicate the circumstances, outlining his doubt, to the Commission, and furnish said injured employee a request, form C. A. 16, or letter, which should state the reasons for his doubts, and request the medical officer or "designated" hospital officials to furnish relief until a decision can be reached as to whether or not the case is a proper one for treatment under the Compensation Act. The employee should be kept in hospital under observation and treatment until the official superior of the employee or medical officer or "designated" hospital official is convinced that the employee is not entitled to the benefits of the Compensation Act. In such cases the Compensation Commission will be responsible for the payment for treatment up to and including the date on which it is decided the employee is not entitled to medical relief under the Compensation Act.

32. Record of injury.-Whenever an injury to an employee comes to the knowledge of the person in charge of such employee, he should immediately secure a record of the cause, nature, and extent of the injury, however slight. He should see that each employee under his direction who is injured submits within 48 hours a notice of injury on form C. A. 1. The names and testimony of witnesses should also be secured, and such testimony should cover fully all the circumstances which have a bearing upon the injury.

33. Reports of injuries.—Every injury resulting in any medical charge against the Compensation Commission1 or in any loss of time beyond the day, shift, or turn in which it occurs, should be reported by the official superior on form C. A. 2, "Report of Injury," and should be submitted to the United States Employees' Compensation Commis

1 In forwarding any medical or hospital bill, care should be taken that it is accompanied by forms C. A. 1 and 2, if not previously submitted.

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