GEORGE W. COON JULY 11, 1940.—-Committed to the Committee of the Whole House and ordered to be printed Mr. KENNEDY of Maryland, from the Committee on Claims, submitted the following REPORT [To accompany S. 3866] The Committee on Claims, to whom was referred the bill (S. 3866) for the relief of George W. Coon, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to waive the time statute of limitations of the Employees' Compensation Act, and leave the Commission free to determine the merits of the claim of George W. Coon, for disability due to injuries alleged to have been sustained by him on or about July 25, 1938, in the performance of his duties as an employee of the Works Progress Administration, and to afford him such measure of relief as he may be entitled to under the remaining provisions of the act. The facts in the case will be found fully set forth in Senate report No. 1733, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [S. Rept. No. 1733, 76th Cong. 3d sess.] While employed as a laborer by the Works Progress Administration claimant sustained injury when he bruised a seed wart on his left hand while moving a rock. He notified the foreman on the job, Mr. Carl M. Camp, of the injury, but the foreman refused to make the necessary reports. This fact, together with the fact that claimant was ignorant as to procedure in filing his claim, prevented him from filing his claim within the statutory period. Under the circumstances your committee feel that it is only right and just that claimant be permitted to file his claim with the Commission, and it is accordingly recommended that the bill do pass. The following communications are appended hereto and made a part of this report: UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, Washington, May 14, 1940. CHAIRMAN, COMMITTEE ON CLAIMS, United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: Reference is made to your request for the Commission's report upon the bill (S. 3866) for the relief of George W. Coon. The bill provides: "That the provisions and limitations of sections 15 to 20, both inclusive, 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, as amended and supplemented, are hereby waived in the case of George W. Coon, of Stidham, Oklahoma; and the United States Employees' Compensation Commission is authorized and directed to consider and act upon any claim filed with the Commission, within one year after the date of enactment of this Act, by the said George W. Coon for compensation or other benefits under the provisions of such Act of September 7, 1916, as amended and supplemented, for disability due to injuries sustained by him on or about July 25, 1938, in the performance of his duties as an employee of the Works Progress Administration." The first notice to the Commission of any injury or disability to Mr. Coon was contained in a preliminary claim form (C. A. 1), apparently executed by George W. Coon on July 28, 1939, and received by this Commission on August 19, 1939, in which he stated that on July 25, 1938, while employed as a laborer by the Works Progress Administration he sustained injury when he bruised a seed wart on his left hand while moving a rock; that he notified the foreman on the job, Mr. Carl M. Kamp, of the injury; that the latter "refused to make the necessary reports." The file in this case contains a letter dated Eufaula, Okla., November 15, 1939, from Dr. D. E. Little, which reads in part as follows: "The following data are taken from my records: "George W. Coon examined July 31, 1938, 10 a. m. Large wart partially torn off left hand, posterior to left thumb. Remainder of wart removed. Hand swollen and where wart was torn off discharging pus and painful. "History: On July 25, 1938, 2 p. m. was lifting a rock and the rock tore off part of a large wart on left hand, posterior to left thumb. Antiseptic dressing. ""Told Mr. Coon to have his foreman, Mr. Carl M. Camp, fill out the necessary blanks and reports and send them to me. A few days afterward Mr. Coon informed me that Mr. Camp refused to do this as the injury did not amount to anything. Some time later I contacted Mr. Camp in regard to making a report and he refused.'" The file in this case also contains a letter of the same date from Joe S. McKinney, master timekeeper, Work Projects Administration, McIntosh County, Eufaula, Okla., transmitting the letter quoted above, together with a copy of a letter dated July 26, 1939, from Hamilton Bewley, State compensation officer, from which it appears that information relative to Mr. Coon's injury of July 25, 1938, was received by the officials on the project on which he was employed on July 15, 1939, which was within a year from the date of the injury. Since it did not appear that any written claim for compensation had been filed within 1 year from the date of the alleged injury in this case, as is required by the mandatory provisions of the Federal employees' compensation law applicable to nonadministrative employees of the Works Progress Administration, the Commission had no authority of law to exercise jurisdiction in this case, and the State administrator of the Work Projects Administration of Oklahoma was so advised by letter dated October 25, 1939, which advice was subsequently affirmed by letter dated November 30, 1939. Since, for the reason stated above, the Commission had no authority to consider the merits of this case, no inquiry was made with respect thereto, and the Commission can therefore express no opinion thereon. The bill (S. 3866) is apparently designed merely to waive in favor of George W. Coon the bar of the time limitations in sections 15 to 20, inclusive, of the Federal Employees' Compensation Act of September 7, 1916, as amended and supplemented, and to leave the Commission free to determine the merits of his claim, if filed within 1 year from the date of the enactment of the bill, and to afford him such measure of relief as the facts when established may show aim to be entitled to under the provisions of the Fedearl employees' compensation law applicable to his case. In thus viewing the bill the Commission interprets the expression "for disability due to injuries sustained by him on or about July 25, 1938, in the performance of his duties as an employee of the Works Progress Administration" in lines 3 to 6 of page 2 of the bill as descriptive only and serving merely to identify the alleged disability. As, however, it has sometimes been contended that similar language constitutes a legislative determination of the fact of injury and ensuing disability, requiring merely an award of compensation by the Commission without the necessity or authority upon its own part to determine the facts relative thereto, it is suggested that after the word "injuries" in line 3 of page 2, of the bill, there be inserted the words "alleged to have been." In view of the foregoing the Commission has no objection to the enactment of the bill, S. 3866. Very truly yours, (Mrs.) JEWELL W. Swofford, Chairman. AFFIDAVIT OF G. W. COON STATE OF OKLAHOMA, McIntosh County, 88: Comes now G. W. Coon and after first being duly sworn on oath deposes and says: That at the commencement of the work of the Works Progress Administration he was employed as a common laborer, and that while engaged in the labor on a certain project he was, on the 25th day of July 1938, injured. The said injury was brought about in the following manner: I was laying rock on the Primrose Schoolhouse in McIntosh County, and while rolling the rock I bruised my left hand, and an infection set up that is giving me considerable trouble. That I went to Dr. Little to have it examined and treated and he pronounced it an infection of the ligament of my hand; that it has been gradually growing worse; my entire hand is affected, causing the hand to bend almost to the wrist, and the physician now says that it is a cancer, and I am unable to use that hand, and the result of the injury has caused a permanent injury of the hand, as I am informed by my physician that I will never use that hand again. I notified my foreman and he told me that he could not do anything about it only that he might put me on an easier job. I also took the matter up with Joe McKinney, one of the head men of the Works Progress Administration. He informed me that he would try to see what could be done about it. He took the matter up with the Works Progress Administration authorities in Washington, and they informed him that the statute of limitations ran against his injury. Your affiant says that he is an uneducated man and that he was ignorant of the procedure to be followed in the case. The result of his ignorance of the procedure has deprived him of the compensation for the injury. Wherefore he most respectfully prays the Government of the United States through its representatives to do something in regard to the matter that will reimburse him for his permanent injury. Subscribed and sworn to before me this 22d day of April 1940. [SEAL] My commission expires September 13, 1941. G. W. COON. CHAS. L. FOLLANSBEE, Notary Public. AFFIDAVIT OF DR. D. E. LITTLE IN THE MATTER OF THE INJURY OF G. W. CoON Comes now Dr. D. E. Little, and after first being duly sworn on oath deposes and says: That on July 31, 1938, at 10 a. m., he examined George W. Coon; he found a large wart partially torn off of the left hand, posterior to left thumb. He removed the remainder of the wart. The hand was swollen and where the wart was torn off, was discharging pus and was very painful. The history of the case is as follows: On July 25, 1938, at 2 p. m. he was lifting a rock and the rock fell and tore off part of a large wart on left hand, posterior to left thumb. I used antiseptic dressing. I told Mr. Coon to have his foreman, Carl M. Camp, fill out the necessary blanks and reports and send them to me. A few days afterward Mr. Coon informed me that Mr. Camp refused to do this as the injury did not amount to anything. Sometime later I contacted Mr. Camp in regard to making a report and he refused to make a report. I continued treating the hand of Mr. Coon and it improved for approximately 3 months and then relapsed. This has continued at intervals since his hand was injured as it ulcered and the ulcer gave no indication of healing permanently. I called the matter to the attention of Mr. Joe McKinney, who has charge of compensation in this district, in the early part of July 1939, and asked him if something could not be done for Mr. Coon, as he was injured on a Works Progress Administration project and his foreman refused to report the injury. A few days later Mr. McKinney notified the State office, and filed the necessary reports. The ulcer is gradually becoming worse and causing a contraction of the thumb from scar tissue. (A photograph of this man's injury is filed with the Works Progress Administration in Washington.) There is no doubt but what Mr. Coon was injured on a Works Progress Administration project as he informed me to that effect and his foreman admitted it, but refused to make a report. At present time the pathology on the hand gives an indication of a malignant nature, he is totally and permanently disabled at present time on account of contraction of fingers and left hand. DR. D. E. LITTLE. CHAS. L. FOLLANSBEE, Notary Public. Subscribed and sworn to before me this 22d day of April 1940. [SEAL] My commission expires September 13, 1941. AFFIDAVIT OF EARL MCGEE STATE OF OKLAHOMA, McIntosh County, ss: Comes now Earl McGee, and after first being duly sworn on oath deposes and says: That at the time of the injury received by G. W. Coon, while in the employ of the Works Progress Administration that he was present and witnessed the accident; that at that time he was in the employ of the said Works Progress Administration. That the said G. W. Coon was injured in the following manner: While rolling rock to one of the employees by the name of James Bullard, a large rock fell on a seed wart on his hand and knocked the top off of the wart; that at the time it was quite an injury to his hand and since the accident has developed into an awful sore that has been told to him by the physician might be a cancer; that from what he can see of the injury it looks like it is one of a permanent nature. EARL MCGEE. Subscribed and sworn to before me this 23d day of April 1940. My commission expires September 13, 1941. AFFIDAVIT OF NAPOLEN JAMES STATE OF OKLAHOMA, McIntosh County, ss: Comes now Napolen James, and after first being duly sworn on oath deposes and says: That at the time of the injury received by G. W. Coon, while in the employ of the Works Progress Administration that he was present and witnessed the accident, that at that time he was in the employ of the said Works Progress Administration. That the said G. W. Coon was injured in the following manner: While rolling rock to one of the employees by the name of James Bullard, a large rock fell on a seed wart on his hand and knocked the top off of the wart; that at the time it was quite an injury to his hand and since the accident has developed into an awful sore that has been told to him by the physician might be a cancer; that from what he can see of the injury it looks like it is one of a permanent nature as it has completely deprived him of the use of his hand and arm. NAPOLEN JAMES. Subscribed and sworn to before me this 23d day of April 1940. My commission expires September 13, 1941. O |