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BENEFICIARY

SEO. 5. Any individual designated with the consent of the insurer, evidenced by the signature of its president or secretary, or designated upon a form furnished by and filed with the insurer, as beneficiary of such a policy shall be entitled to the proceeds of such policy after the death of the insured in priority to all other claimants, and may sue in his own name for such proceeds if payment is refused by the insurer: Provided, That upon the expiration of fifteen days after the death of the insured, unless proof of claim in the manner and form required by the Policy, accompanied by the policy for surrender, has theretofore been made by or on behalf of such designated beneficiary, the insurer may pay to any other claimant permitted by the policy. A person specified as one to whom the insured desires payment made, but not formally designated as beneficiary, shall be deemed a beneficiary for the purposes of this section, provided such designation be made in writing and filed with the company during the lifetime of the insured.

Approved, June 4, 1934.

[PUBLIC-No. 349-70TH CONGRESS]

[H. R. 12320]

An Act To amend the Longshoremen's and Harbor Workers' Compensation Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in any court proceedings under section 21 or other provisions of the Longshoremen's and Harbor Workers' Compensation Act, it shall be the duty of the district attorney of the United States in the judicial district in which the case is pending to appear as attorney or counsel on behalf of the United States Employees' Compensation Commission or its deputy commissioner when either is a party to the case or interested, and to represent such commission or deputy in any court in which such case may be carried on appeal.

Approved, May 4, 1928.

(185)

[PUBLIC-No. 603-69TH CONGRESS]

[H. R. 11325]

An Act To amend an Act entitled "An Act to provide com pensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, and Acts in amendment thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 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, and Acts in amendment thereof, is amended to read as follows:

"SEC. 6. That the monthly compensation for total disability shall not be more than $116.66, nor less than $58.33, unless the employee's monthly pay is less than $58.33, in which case his monthly compensation shall be the full amount of his monthly pay. The monthly compensation for partial disability shall not be more than $116.66. In the case of persons who at the time of the injury were minors or employed in a learner's capacity and who were not physically or mentally defective the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity. The commission may, on any review after the time when the monthly wageearning capacity of the disabled employee would probably, irrespective of the injury, have decreased on account of old age, award compensation based on such probable monthly wage-earning capacity."

SEC. 2. That subdivision H of section 10 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," is amended to read as follows:

"(H) As used in this section, the term 'child' includes stepchildren, adopted children, and posthumous children, but does not include married children. The terms 'brother' and 'sister' include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters. All of the above terms and the term 'grandchild' include only persons who at the time of the death of the deceased employee are under eighteen years of age or over that age and incapable of self-support. The term 'parent' includes stepparents and parents by adoption. The term widow' includes only the decedent's wife living with or dependent for support upon him at time of his death or living apart for reasonable cause or by reason of his desertion."

SEO. 3. That subdivision K of section 10 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," is amended to read as follows:

[PUBLIC NO. 579-74TH CONGRESS]

[8. 2040]

AN ACT

To amend an 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, and Acts in amendment thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 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, and Acts in amendment thereof (U. S. C., title 5, sec. 756), is amended by the addition of the following paragraph:

"In addition to the monthly compensation the Employees' Compensation Commission may pay an injured employee awarded compensation for permanent total disability from injury an additional sum of not more than $50 a month, as the Commission may deem necessary, when the Commission shall find that the service of an attendant is necessary constantly to be used by reason of the employee being totally blind, or having lost both hands or both feet or the use thereof, or is paralyzed and unable to walk, or by reason of other total disability actually rendering him so helpless as to require constant attendance."

Approved, May 13, 1936.

(187)

[PUBLIC NO. 468-75TH CONGRESS]

[CHAPTER 79-3D SESSION]

[H. R. 1547]

AN ACT

To amend section 42 of the Act of Congress 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, es amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 42 of the Act of Congress 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, as amended, be, and the same hereby is, amended to read as follows:

"SEC. 42. That the President may, from time to time, transfer the administration of this Act so far as employees of the Panama Canal and of the Panama Railroad Company are concerned to the Governor of the Panama Canal, and so far as employees of the Alaska Railroad are concerned to the general manager of the Alaska Railroad, in which cases the words 'Commission' and 'its' wherever they appear in this Act shall, so far as necessary to give effect to such transfer, be read, 'Governor of the Panama Canal' or 'the general manager of the Alaska Railroad', as the case may be, and 'his'; and the expenses of medical examinations under sections 21 and 22, and the reasonable traveling and other expenses and loss of wages payable to employees under section 21, shall be paid out of appropriations for the Panama Canal or for the Alaska Railroad or out of funds of the Panama Railroad, as the case may be, instead of out of appropriations for the work of the Commission.

"In the case of compensation to employees of the Panama Canal or of the Panama Railroad Company for temporary disability, either total or partial, the President may authorize the Governor of the Panama Canal to waive, at his discretion, the making of the claim required by section 18. In the case of alien employees of the Panama Canal or of the Panama Railroad Company, or of any class or classes of them, the President may remove or modify the minimum limit established by section 6 on the monthly compensation for disability and the minimum limit established by clause (K) of section 10 on the monthly pay on which death compensation is to be computed. The President may authorize the Governor of the Panama Canal and the general manager of the Alaska Railroad to pay the compensation provided by this Act, including the medical, surgical, and hospital services and supplies provided by section 9 and the transportation and burial expenses provided by sections 9 and 11, out of the appropriations for the Panama Canal and for the Alaska Railroad, such appropriations to be reimbursed for such payments by the transfer of funds from the employees' compensation fund.

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