Children of woman. Payments under Class A. Classification. Payments under Class B. Requirements. Exemptions granted. In the case of a woman, to a child or children: (d) If there be one child, $5. (e) If there be two children, $12.50. (f) If there be three children, $20. (g) If there be four children, $30, with $5 per month additional for each additional child. SEC. 205. That family allowances for members of Class A shall be paid only if and while a compulsory allotment is made to a member or members of such class. The monthly family allowance to a former wife divorced shall be payable only out of the difference, if any, between the monthly family allowance to the other members of Class A and the sum of $50, and only then if alimony shall have been decreed to her. For a wife living separate and apart under court order or written agreement or to a former wife divorced the monthly allowance, together with the allotment, if any, shall not exceed the amount specified in the court order, decree, or written agreement to be paid to her. For an illegitimate child, to whose support the father has been judicially ordered or decreed to contribute, it shall not exceed the amount fixed in the order or decree. SEC. 206. That family allowances to members of Class B shall be granted only if and while the member is dependent in whole or in part on the enlisted man, and then only if and while the enlisted man makes a monthly allotment of his pay for such member or members equal to the amount of the monthly family allowance as hereinabove specified, except that (a) The maximum monthly allotment so required to be made to members of Class B shall be one-half of his pay. (b) If he is making no allotment to a member of Class A, the minimum monthly allotment so designated to be made to members of Class B shall be $15 per month. (c) If he is making the compulsory allotment to a member of Class A, the minimum monthly allotment so designated to be made to members of Class B shall be one-seventh of his pay, but not less than $5 per month. On the enlisted man's application, or otherwise for good cause shown, exemption from this additional allotment under Class B as a condition to the allowance may be granted, upon such conditions as Limitations to Class may be prescribed by regulations. B, allowances. Apportionment. Monthly payments from War and Navy SEC. 207. That the amount of the family allowance to members of Class B shall be subject to each of the following limitations: (a) If an allowance is paid to one or more beneficiaries of Class A, the total allowance to be paid to the beneficiaries of Class B shall not exceed the difference between the allowance paid to the beneficiaries of Class A and the sum of $50. (b) The total monthly allowance to beneficiaries of Class B added to the enlisted man's monthly allotment to them shall not exceed the average sum habitually contributed by him to their support monthly during the period of dependency but not exceeding a year immediately preceding his enlistment or the enactment of this amendatory Act. SEC. 208. That as between the members of Class A and as between the members of Class B, the amount of the allotment and family allowance shall be apportioned as may be prescribed by regulations. SEC. 209. The War and Navy Departments, respectively, shall Departments to the pay over to the Treasury Department monthly the entire amount of such allotments for distribution to the beneficiaries, and the allotments and family allowances shall be paid by the Bureau to or for the beneficiaries. Treasury for distribution. Certification of allot ments. Investigations, etc. SEC. 210. That upon receipt of any application for family allowance the commissioner shall make all proper investigations and shall make an award, on the basis of which award the amount of the allotments to be made by the man shall be certified to the War Department or Navy Department, as may be proper. Whenever the commissioner shall have reason to believe that an allowance has been improperly made or that the conditions have changed, he shall investigate or reinvestigate and may modify the award. The amount of each monthly allotment and allowance shall be determined according to the conditions then existing. ARTICLE III. COMPENSATION FOR DEATH OR DISABILITY. Compensation for death or disability. Classes of officers, en titled. SEC. 300. That for death or disability resulting from personal listed men, etc., eninjury suffered or disease contracted in the line of duty, by any commissioned officer or enlisted man or by any member of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) when employed in the active service under the War Department or Navy Department, the United States shall pay compensation as hereinafter provided; but no compensation shall be paid if the injury or disease excluded. has been caused by his own willful misconduct. SEC. 301. That if death results from injury If the deceased leaves a widow or child, or if he leaves a widowed mother dependent upon him for support, the monthly compensation shall be the following amounts: (a) For a widow alone, $25. (b) For a widow and one child, $35. (c) For a widow and two children, $47.50, with $5 for each addi tional child up to two. (d) If there be no widow, then for one child, $20. (e) For two children, $30. (f) For three children, $40, with $5 for each additional child up to two. Personal misconduct Deaths. Amounts payable. Limitations. (g) For a widowed mother, $20. The amount payable under this Widowed mother. subdivision shall not be greater than a sum which, when added to the total amount payable to the widow and children, does not exceed $75. This compensation shall be payable for the death of but one child, and no compensation for the death of a child shall be payable if such widowed mother is in receipt of compensation under the provisions of this article for the death of her husband. Such compensation shall be payable whether her widowhood arises before or after the death of the person and whenever her condition is such that if the person were living the widowed mother would have been dependent upon him for support. Burial expenses. If the death occur before discharge or resignation from service, the United States shall pay for burial expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulations. The payment of compensation to a widow or widowed mother shall mother. continue until her death or remarriage. Term for widow or Payments to chil The payment of compensation to or for a child shall continue until dren." such child reaches the age of eighteen years or marries, or if such child be incapable, because of insanity, idiocy, or being otherwise permanently helpless, then during such incapacity. Whenever the compensation payable to or for the benefit of any person under the provisions of this section is terminated by the happening of the contingency upon which it is limited, the compensation thereafter for the remaining beneficiary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries. Termination of right. Apportionment of As between the widow and the children not in her custody, and as children not with between children, the amount of the compensation shall be appor- mother. Widow restriction. Disability. Requiring constant attendant. Provisos. Allowances at $100 a CH. tioned as may be prescribed by regulations. The word "widow" as used in this section shall not include one who shall have married the deceased later than ten years after the time of injury. SEC. 302. That if disability results from the injury (1) If and while the disability is total, the monthly compensation shall be the following amounts: (a) If he 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 widowed mother dependent on him for support, then, in addition to the above amounts, $10. To an injured person who 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 helplessly and permanently bedridden from causes occurring None for attendant. in the line of duty in the service of the United States, the rate of compensation shall be $100 per month: Provided further, That no allowance shall be made for nurse or attendant. month. Partial disability gree. Schedules. Basis of ratings. Medical services, etc., to be furnished. Proviso. Status charge. (2) If and while the disability is partial, the monthly compensation shall be a percentage of the compensation that would be payable for his total 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 ten per centum. 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 one hundred 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 shall from time to time readjust this schedule of ratings in accordance with actual experience. (3) In addition to the compensation above provided, the injured person shall be furnished by the United States such reasonable governmental medical, surgical, and hospital services and with such supplies, including artificial limbs, trusses, and similar appliances, as the director may determine to be useful and reasonably necessary: before dis- Provided, 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. Determination of monthly payments. Medical examinations of applicants. (4) The amount of each monthly payment shall be determined according to the family conditions then existing. SEC. 303. 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 examinaPayment for expense. tion. For all examinations he shall, in the discretion of the director, be paid his reasonable traveling and other expenses and also loss of wages incurred in order to submit to such examination. Claim suspended on If he refuses refusing examination. 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 payable for the intervening period. Every person in receipt of compensation for disability shall submit Subsequent medical 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. treatment. Vocational training SEC. 304. That in cases of dismemberment, of injuries to sight or to be provided. hearing, and of other injuries commonly causing permanent disability, the injured person shall follow such course or courses of rehabilitation, reeducation, and vocational training as the United States may pro- Enlistment while vide or procure to be provided. Should such course prevent the taking course. injured person from following a substantially gainful occupation while taking same, a form of enlistment may be required which shall bring the injured person into the military or naval service. Such enlistment shall entitle the person to full pay as during the last month of his active service, and his family to family allowances and allotment as herein before provided, in lieu of all other compensation for the time being. Pay, etc., allowed. Suspension of com In case of his willful failure properly to follow such course or so to pensation if course not enlist, payment of compensation shall be suspended until such willful taken. failure ceases and no compensation shall be payable for the intervening period. SEC. 305. That upon its own motion or upon application the bureau etc. 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. 306. 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. Review of awards, occurring within one year after leaving serv Exception. Not payable unless Death to be officially recorded. SEC. 307. 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 ingestriction if "missbe 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. 308. 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. 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. 309. That no compensation shall be payable unless a claim therefor be filed, in case of disability, within five years after discharge or resignation from the service, or, in case of death during the service. within five years after such death is officially recorded in the depart 100768°---65-1---27 Deaths for crimes ex cluded. Dishonorable dis charge. Time limit for presenting claims. Proviso. Death, etc., after dis- ment under which he may be serving: Provided, however, That where charge. Extension permitted. Back payments restricted. Exemptions, etc. Not allowed if receiving service, etc., pay. not applicable hereaf ter. compensation is payable for death or disability occurring after discharge or resignation from the service, claim must be made within five years after such death or the beginning of such disability. The time herein provided may be extended by the director not to exceed one year for good cause shown. If at the time that any right accrues to any person under the provisions of this article, such person is a minor, or is of unsound mind or physically unable to make a claim, the time herein provided shall not begin to run until such disability ceases. SEC. 310. That no compensation shall be payable for any period more than two years prior to the date of claim therefor, nor shall increased compensation be awarded to revert back more than one year prior to the date of claim therefor. SEC. 311. That compensation under this article shall not be assignable, and shall be exempt from attachment and execution and from all taxation. SEC. 312. That compensation under this article shall not be paid while the person is in receipt of service or retirement pay. The laws Laws for gratuities providing for gratuities or payments in the event of death in the service and existing pension laws shall not be applicable after the enactment of this amendment to persons now in or hereafter entering the military or naval service, or to their widows, children, or their dependents, except in so far as rights under any such law shall have heretofore accrued. Compensation to fe male nurses in lieu of ployees. Vol. 39, p. 742. Compensation because of disability or death of members of the that for injuries to em- 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. Injuries caused by other persons. assigned to United States. SEC. 313. That if an injury or death for which compensation is Right of action to be payable under this amendatory Act is caused under circumstances creating a legal liability upon some person other than the United States or the enemy to pay damages therefor, the director, as a condition to payment of compensation by the United States, shall require the beneficiary to assign to the United States any right of action he may have to enforce such liability of such other person or any right which he may have to share in any money or other property received in satisfaction of such liability of such other person. The cause of action so assigned to the United States may be prosecuted or compromised by the director and any money realized thereon shall be placed to the credit of the compensation fund. Prosecution, etc. Widows' pensions. SEC. 314. That from and after the passage of this Act the rate of Civil War, etc., service. pension for a widow of an officer or enlisted man of the Army, Navy, or Marine Corps of the United States who served in the Civil War, the War with Spain, or the Philippine Insurrection, now on the pension roll or hereafter to be placed on the pension roll, and entitled to receive a less rate than hereinafter provided, shall be $25 per month; and nothing herein shall be construed to affect the additional allowance provided by existing pension laws on account of a helpless child No reduction of pres- or child under sixteen years of age: Provided, however, That this Act Administration by shall not be so construed as to reduce any pension under any Act, Commissioner of Pen- public or private: And provided further, That the provisions of this section shall be administered, executed, and enforced by the Commissioner of Pensions. Proviso. ent pension. sions. |