1859. Compensation for death or disability of members of Army Nurse Corps.— *** Compensation because of disability or death of members of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) shall be in lieu of any compensation for such disability or death under 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 seventh, nineteen hundred and sixteen. Sec. 312, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 408), as amended by sec. 17, act of June 25, 1918 (40 Stat. 613). * 1860. Compensation of death or disability of members of the Coast and Geodetic Survey.While actually employed in active service under direct orders of the War Department or of the Navy Department members of the Coast and Geodetic Survey shall receive the benefit of all provisions of laws relating to disability incurred in line of duty or loss of life. Sec. 16, act of May 22, 1917 (40 Stat. 88). * 1861. Compensation for death or disability of members of the Fublic Health Service. That when officers of the United States Public Health Service are serv ing on Coast Guard vessels in time of war, or are detailed in time of war for duty with the Army or Navy in accordance with law, they shall be entitled to pensions for themselves and widows and children, if any, as are now provided for officers of corresponding grade and length of service of the Coast Guard, Army or Navy, as the case may be, and shall be subject to the laws prescribed for the government of the service to which they are respectively detailed. Joint Res. 9, July 9, 1917 (40 Stat. 242). 1862. Commissioned officer defined.-The term "commissioned officer" includes a warrant officer, but includes only an officer in active service in the military or naval forces of the United States. Sec. 22 (6), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401). 1863. Man and enlisted man defined.-The terms "man" and "enlisted man mean a person, whether male or female, and whether enlisted, enrolled, or drafted into active service in the military or naval forces of the United States, and includes noncommissioned and petty officers, and members of training camps authorized by law. Sec. 22 (7), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401). 1864. Enlistment defined. The term "enlistment" includes voluntary enlistment, draft, and enrollment in active service in the military or naval forces of the United States. Sec. 22 (8), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401). 1865. Injury defined. The term "injury' includes disease. Sec. 22 (10), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402). 1866. Pay defined.-The term "pay" means the pay for service in the United States according to grade and length of service, excluding all allowances. Sec. 22 (11), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402). 1867. Military forces defined. The term "military or naval forces means the Army, the Navy, the Marine Corps, the Coast Guard, the Naval Reserves, the National Naval Volunteers, and any other branch of the United States service while serving pursuant to law with the Army or the Navy. Sec. 22 (12), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402). 1868. Compensation for partial and temporary disability. If and while the disability is rated as partial and temporary, the monthly compensation shall be a percentage of the compensation that would be payable for his total and temporary disability, equal to the degree of the reduction in earning capacity resulting from the disability, but no compensation shall be payable for a reduction in earning capacity rated at less than 10 per centum. Sec. 302 (2), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 373). 1869. Compensation for partial and permanent disability.-If and while the disability is rated as partial and permanent, the monthly compensation shall be a percentage of the compensation that would be payable for his total and permanent disability equal to the degree of the reduction in earning capacity resulting from the disability, but no compensation shall be payable for a reduction in earning capacity rated at less than 10 per centum. Sec. 302 (4), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 373). * 1870. Compensation for total and temporary disability.-That if disability results from the injury (1) If and while the disability is rated as total and temporary, the monthly compensation shall be the following amounts: (a) If the disabled person has neither wife nor child living, $80. (b) If he has a wife but no child living, $90. (c) If he has a wife and one child living, $95. (d) If he has a wife and two or more children living, $100. (e) If he has no wife but one child living, $90, with $5 for each additional child. (f) If he has a mother or father, either or both dependent on him for support, then, in addition to the above amounts, $10 for each parent so dependent. Sec. 302 (1), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406), as amended by sec 11, act of Dec. 24, 1919 (41 Stat. 373). As originally enacted, this section was as follows: (1) If and while the disability is total, the monthly compensation shall be the following amounts: (a) If the disabled person has neither wife nor child living, $30; (b) If he has a wife but no child living, $45; (c) If he has a wife and one child living, $55; (d) If he has a wife and two children living, $65; (e) If he has a wife and three or more children living, $75; (f) If he has no wife but one child living, $40, with $10 for each additional child up to two; (g) If he has a mother or father, either or both dependent on him for support, then in addition to the above amounts, $10 for each. 1871. Compensation for total and permanent disability.-If and while the disability is rated as total and permanent, the rate of compensation shall be $100 per month: Provided, however, That the loss of both feet, or both hands, or the sight of both eyes, or the loss of one foot and one hand, or one foot and the sight of one eye, or one hand and the sight of one eye, or becoming helpless and permanently bedridden, shall be deemed to be total, permanent disability: Provided further, That for double, total, permanent disability the rate of compensation shall be $200 per month. Sec. 302(3), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1914 (40 Stat. 406), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 373). 1872. Compensation for disability requiring an attendant.—If the disabled person is so helpless as to be in constant need of a nurse or attendant, such addi 146345°-21-VOL 2-7 1021 tional sum shall be paid, but not exceeding $20 per month, as the director may deem reasonable. Sec. 302 (5), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 374). Sec. 302 (1) (h), of the war-risk insurance act as amended by sec. 12, act of June 25, 1918 (40 Stat. 612), provided as follows: "If he is totally disabled and in addition so helpless as to be in constant need of a nurse or attendant, such additional sum shall be paid, but not exceeding $20 per month, as the director may deem reasonable: Provided, however, That for the loss of both feet or both hands or both eyes, or for becoming totally blind or becoming helpless and permanently bedridden from causes occurring in the line of duty in the service of the United States, the rate of compensation shall be $100 per month: Provided further, That where the rate of compensation is $100 per month, no allowance shall be made for a nurse or attendant." These amounts are the same as provided by the original enactment of the act of Oct. 6, 1917 (40 Stat. 406). 1873. Schedule of earning capacities.-A schedule of ratings of reductions in earning capacity from specific injuries or combinations of injuries of a permanent nature shall be adopted and applied by the bureau. Ratings may be as high as 100 per centum. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations and not upon the impairment in earning capacity in each. individual case, so that there shall be no reduction in the rate of compensation for individual success in overcoming the handicap of a permanent injury. The bureau in adopting the schedule of ratings of reduction in earning capacity shall consider the impairment in ability to secure employment which results from such injuries. The bureau shall from time to time readjust this schedule of ratings in accordance with actual experience. Sec. 302 (4), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 373). As originally enacted subdivision (4) was as follows: "(4) The amount of each monthly payment shall be determined according to the family conditions then existing." This was amended by sec. 13, act of June 25, 1918 (40 Stat. 613), which substituted for the last two words "then existing" the words "existing on the first day of the month." That was apparenly superseded by the above section. Provided, 1874. Military control continuous prior to discharge.That nothing in this Act shall be construed to affect the necessary military control over any member of the military or naval establishments before he shall have been discharged from the military or naval service. Sec. 302 (6), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 374). 1875. Review of awards of compensation.-That upon its own motion or upon application the bureau may at any time review an award, and, in accordance with the facts found upon such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, may award compensation. Sec. 305, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407). 1876. Medical examination of disabled persons.-That every person applying for or in receipt of compensation for disability under the provisions of this article shall, as frequently and at such times and places as may be reasonably required, submit himself to examination by a medical officer of the United States or by a duly qualified physician designated or approved by the director. He may have a duly qualified physician designated and paid by him present to participate in such examination. For all examinations he shall, in the dis cretion of the director, be paid his reasonable traveling and other expenses and also loss of wages incurred in order to submit to such examination. * Sec. 303, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406). * * * If 1877. Compensation barred by refusal of medical examination.he refuses to submit himself for, or in any way obstructs, any examination, his right to claim compensation under this article shall be suspended until such refusal or obstruction ceases. No compensation shall be payable while such refusal or obstruction continues, and no compensation shall be papable for the intervening period. Every person in receipt of compensation for disability shall submit to any reasonable medical or surgical treatment furnished by the bureau whenever requested by the bureau; and the consequences of unreasonable refusal to submit to any such treatment shall not be deemed to result from the injury compensated for. Sec. 303, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407). 1878. No compensation to persons receiving service or retirement pay. That compensation under this article shall not be paid while the person is in receipt of service or retirement pay. * * Sec. 312, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 408), as amended by sec. 17, act of June 25, 1918 (40 Stat. 613). 1879. Surrender of other gratuities prerequisite to award of compensation.— That section 302 of the War Risk Insurance Act as amended shall be deemed to be in effect as of April 6, 1917: Provided, That any person who is now receiving a gratuity or pension under existing law shall not receive compensation under this Act unless he shall first surrender all claim to such gratuity or pension. Sec. 302 (10), added to the act of Sept. 2, 1914, by sec. 2. act of Oct. 6, 1917 (40 Stat. 408), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 374). 1880. Compensation barred by dismissal or dishonorable discharge.-* A dismissal or dishonorable or bad conduct discharge from the service shall bar and terminate all right to any compensation under the provisions of this article. Sec. 308, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407). 1881. Compensation depends on date of death or disability. That no compensation shall be payable for death or disability which does not occur prior to or within one year after discharge or resignation from the service, except that where, after a medical examination made pursuant to regulations, at the time of discharge or resignation from the service, or within such reasonable time thereafter, not exceeding one year, as may be allowed by regulations, a certificate has been obtained from the director to the effect that the injured person at the time of his discharge or resignation was suffering from injury likely to result in death or disability, compensation shall be payable for death or disability, whenever occurring, proximately resulting from such injury. Sec. 306, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407). 1882. Award of compensation or insurance where death occurred before enrollment for active service.-That if after induction by the local draft board, but before being accepted and enrolled for active service, the person died or became disabled as a result of disease contracted or injury suffered in the line of duty and not due to his own willful misconduct involving moral turpitude, or as a result of the aggravation, in the line of duty and not because of his own willful misconduct involving moral turpitude, of an existing disease or injury, he or those entitled thereto shall receive the benefits of compensation payable under Article III: * * * Sec. 31, added to the act of Sept. 2, 1914, by sec. 7, act of Dec. 24, 1919 (41 Stat. 372). 1883. Unpaid monthly installments of compensation, etc., payable to the personal representative of a deceased person.-That the amount of the monthly installments of allotment and family allowance, compensation, or yearly renewable term insurance which has become payable under the provisions of the War Risk Insurance Act but which has not been paid prior to the death of the person entitled to receive the same may be payable to the personal representatives of the deceased person. Sec. 19, act of Dec. 24, 1919 (41 Stat. 376-377). 1884. Apportionment of compensation between a disabled soldier and his family. Where the disabled person and his wife are not living together, or where the children are not in the custody of the disabled person the amount of the compensation shall be apportioned as may be prescribed by regulations. Sec. 302 (7), added to the act of Sept. 2, 1914, by sec. 14, act of June 25, 1918 (40 Stat. 613), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 374). The term "wife" as used in this section shall include 66 husband" if the husband is dependent upon the wife for support. Sec. 302 (8), added to the act of Sept. 2, 1914, by sec. 14, act of June 25, 1918 (40 Stat. 613), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 374). * 1885. Compensation to dependents barred by a death sentence.-That no compensation shall be payable for death inflicted as a lawful punishment for a crime or military offense except when inflicted by the enemy. Sec. 308, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407). 1886. Official record of death prerequisite to the payment of compensation.That compensation shall not be payable for death in the course of the service until the death be officially recorded in the department under which he may be serving. No compensation shall be payable for a period during which the man has been reported "missing" and a family allowance has been paid for him under the provisions of Article II. Sec. 307, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407). 1887. Compensation of dependents of a deceased person allowed from April 6, 1917.-* That section 301 of the War Risk Insurance Act, as amended, shall be deemed to be in effect as of April 6, 1917: Sec. 10, act of Dec. 24, 1919 (41 Stat. 372). * * 1888. Surrender of pension rights, etc., by dependents of a deceased soldier.— Provided, however, That before compensation thereunder shall be paid there shall first be deducted from said sum so to be paid the amount of any payments such person may have received by way of gratuities or payments under pension laws in force and existence between April 6, 1917, and October 6, 1917. Sec. 10, act of Dec. 24, 1919 (41 Stat. 372-373). 1889. Compensation to the widow and children of a deceased soldier. That it death results from injury— If the deceased leaves a widow or child, * * * the monthly compensation shall be the following amounts: (a) If there is a widow but no child, $25; |