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CROSS REFERENCE Annual leave with pay reduced to fifteen days, see section 30a of this title.
8 760. Compensation to heirs in case of death.-If death results from the injury within six years the United States shall pay to the following persons for the following periods a monthly compensation equal to the following percentages of the deceased employee's monthly pay, subject to the modification that no compensation shall be paid where the death takes place more than one year after the cessation of disability resulting from such injury, or, if there has been no disability preceding death, more than one year after the injury:
(A) To the widow, if there is no child, 35 per centum. This compensation shall be paid until her death or marriage.
(B) To the widower, if there is no child, 35 per centum if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or marriage.
(C) To the widow or widower, if there is a child, the compensation payable under clause (A) or clause (B) and in addition thereto 10 per centum for each child, not to exceed a total of 66 2/3 per centum for such a widow or widower and children. If a child has a guardian other than the surviving widow or widower, the compensation payable on account of such child shall be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen, or, if over eighteen, and incapable of self-support, becomes capable of self-support.
(D) To the children, if there is no widow or widower, 25 per centum for one child and 10 per centum additional for each additional child, not to exceed a total of 66 2/3 per centum, divided among such children share and share alike. The compensation of each child shall be paid until he dies, marries, or reaches the age of eighteen, or, if over eighteen and incapable of self-support, becomes capable of self-support. The compensation of a child under legal age shall be paid to its guardian.
(E) To the parents, if one is wholly dependent for support upon the deceased employee at the time of his death and the other is not dependent to any extent, 25 per centum; if both are wholly dependent, 20 per centum to each; if one is or both are partly dependent, a proportionate amount in the discretion of the commission.
The above percentages shall be paid if there is no widow, widower, or child. If there is a widow, widower, or child, there shall be paid so much of the above percentages as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 66 2/3 per centum.
(F) To the brothers, sisters, grandparents, and grandchildren, if one is wholly dependent upon the deceased employee for sup port at the time of his death, 20 per centum to such dependent; if more than one are wholly dependent, 30 per centum, divided among such dependents share and share alike; if there is no
one of them wholly dependent, but one or more partly dependent, 10 per centum divided among such dependents share and share alike.
The above percentages shall be paid if there is no widow, widower, child, or dependent parent. If there is a widow, widower, child, or dependent parent, there shall be paid so much of the above percentages as, when added to the total percentage payable to the widow, widower, children, and dependent parents, will not exceed a total of 66 2/3 per centum.
(G) The compensation of each beneficiary under clauses (E) and (F) shall be paid for a period of eight years from the time of the death, unless before that time he, if a parent or grandparent, dies, marries, or ceases to be dependent, or, if a brother, sister, or grandchild, dies, marries, or reaches the age of eighteen, or, if over eighteen and incapable of self-support, becomes capable of self-support. The compensation of a brother, sister, or grandchild under legal age shall be paid to his or her guardian.
(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.
(I) Upon the cessation of compensation under this section to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compensation is payable shall be that which such persons would have received if they had been the only persons entitled to compensation at the time of the decedent's death.
(J) In case there are two or more classes of persons entitled to compensation under this section and the apportionment of such compensation, above provided, would result in injustice, the commission may, in its decretion, modify the apportionment to meet the requirements of the case.
(K) In computing compensation under this section the monthly pay shall be considered not to be more than $175 nor less than $87.50, but the total monthly compensation shall not exceed the monthly pay computed as provided in section 762 of this title. TL) If any person entitled to compensation under this section, whose compensation by the terms of this section ceases upon his marriage, accepts any payments of compensation after his marriage he shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (Sept. 7, 1916, ch. 158, § 10, 39 Stat. 744; Feb. 12, 1927, ch. 110, $$ 2, 3, 44 Stat. 1087.)
§ 761. Payment to personal representative where death results within six years; transportation of remains; burial expenses. If death results from the injury within six years the United States shall pay to the personal representative of the deceased employee funeral and burial expenses not to exceed $200, in the discretion of the commission. In the case of an employee whose home is within the United States, if his death occurs away from his home office or outside of the United States, and if so desired by his relatives, the body shall, in the discretion of the commission, be embalmed and transported in a hemertically sealed casket to the home of the employee. Such funeral and burial expenses shall not be paid and such transportation shall not be furnished where the death takes place more than one year after the cessation of disability resulting from such injury or, if there has been no disability preceding death, more than one year after the injury. (Sept. 7, 1916, ch. 458, § 11, 39 Stat. 745; Feb. 12, 1927, ch. 110, § 4, 44 Stat. 1087.)
§ 762. Computation of monthly pay of employee.-In computing the monthly pay the usual practice of the service in which the employee was employed shall be followed. Subsistence and the value of quarters furnished an employee shall be included as part of the pay, but overtime pay shall not betaken into account. (Sept. 7, 1916, ch. 458, § 12, 39 Stat. 746.)
§ 763. Wage-earning capacity.—In the determination of the employee's monthly wage-earning capacity after the beginning of partial disability, the value of housing, board, lodging, and other advantages which are received from his employer as a part of his remuneration and which can be estimated in money shall be taken into account. (Sept. 7, 1916, ch. 458, § 13, 39 Stat. 746.)
$ 764. Payment of lump sum; determination of amount.-In cases of death or of permanent total or permanent partial disability, if the monthly payment to the beneficiary is less than $5 a month, or if the beneficiary is or is about to become a nonresident of the United States, or if the commission determines that it is for the best interests of the beneficiary, the liability of the United States for compensation to such beneficiary may be discharged by the payment of a lump sum equal to the present value of all future payments of compensation computed at 4 per centum true discount compounded annually. The probability of the beneficiary's death before the expiration of the period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality; but in case of compensation to the widow or widower of the deceased employee, such lump sum shall not exceed sixty months' compensation. The probability of the happening of any other contingency affecting the amount or duration of the compensation shall be disregarded. (Sept. 7, 1916, ch. 458, § 14, 39 Stat. 746.)
§ 765. Notice of injury.-Every employee injured in the performance of his duty, or some one on his behalf, shall, within forty-eight hours after the injury, give written notice thereof to the immediate superior of the employee. Such notice shall be
given by delivering it personally or by depositing it properly stamped and addressed in the mail. (Sept. 7, 1916, ch. 458, § 15, 39 Stat. 746.)
§ 766. Same; requisites.—The notice shall state the name and address of the employee, the year, month, day, and hour when and the particular locality where the injury occurred, and the cause and nature of the injury, and shall be signed by and contain the address of the person giving the notice. (Sept. 7, 1916,
, ch. 458, § 16, 39 Stat. 746.)
§ 767. Same; failure to give.--Unless notice is given within the time specified or unless the immediate superior has actual knowledge of the injury, no compensation shall be allowed, but for any reasonable cause shown, the commission may allow compensation if the notice is filed within one year after the injury. (Sept. 7, 1916, ch, 458, § 17, 39 Stat. 746.)
§ 768. Written claim.-No compensation, under sections 751791, 793 of this title shall be allowed to any person, except as provided in section 788 of this title, unless he or someone on his behalf shall, within the time specified in section 770 of this title, make a written claim therefor. Such claim shall be made by delivering it at the office of the commission or to any commissioner or to any person whom the commission may by regulation designate, or by depositing it in the mail properly stamped and addressed to the commission or to any person whom the commission may by regulation designate. (Sept. 7, 1916, ch, 458, $ 18, 39 Stat. 746.)
§ 769. Same; form and requisites; waiver.—Every claim shall be made on forms to be furnished by the commission and shall contain all the information required by the commission. Each claim shall be sworn to by the person entitled to compensation or by the person acting on his behalf, and, except in case of death, shall be accompanied by a certificate of the employee's physician, stating the nature of the injury and the nature and probable extent of the disability. For any reasonable cause shown the commission may waive the provisions of this section. (Sept. 7, 1916, ch. 458, $ 19, 39 Stat. 746.)
§ 770. Time for making claims.--All original claims for compensation for disability shall be made within sixty days after the injury. All original claims for compensation for death shall be made within one year after the death. For any reasonable cause shown the commission may allow original claims for compensation for disability to be made at any time within one year. (Sept. 7, 1916, ch. 458, § 20, 39 Stat. 747; June 13, 1922, ch. 219, 42 Stat. 650.)
§ 771. Physical examinations; refusal to submit to. After the injury the employee 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 commission. The employee may have a duly qualified physician designated and paid by him present to participate insuch examination.
If the employee refuses to submit himself for or in any way obstructs any examination, his right to claim compensation under sections 751-791, 793 of this title shall be suspended until such refusal or obstruction ceases. No compensation shall be payable while such refusal or obstruction continues, and the period of such refusal or obstruction shall be deducted from the period for which compensation is payable to him.
For any examination required by the commission the employee shall be paid all expenses incident to such examination which, in the opinion of the commission, are necessary and reasonable, including transportation and loss of wages incurred in order to submit to examination. All such expenses when authorized or approved by the commission shall be paid from the employees' compensation fund. (Sept. 7, 1916, ch. 458, § 21, 39 Stat. 747; June 26, 1926, ch. 695, § 2, 44 Stat. 772.)
§ 772. Same; disagreement between physicians. In case of any disagreement between the physician making an examination on the part of the United States and the employee's physician the commission shall appoint a third physician, duly qualified, who shall make an examination. (Sept. 7, 1916, ch. 458, § 22, 39 Stat. 747.)
§ 773. Same; physicians' fees.-Fees for examinations 'made on the part of the United States under sections 771 and 772 of this title by physicians who are not already in the service of the United States shall be fixed by the commission. Such fees, and any sum payable to the employee under section 771, when authorized or approved by the commission, shall be paid from the employees' compensation fund. (Sept. 7, 1916, ch. 458, § 23, 39 Stat. 747 ; June 26, 1926, ch. 695, $ 3, 44 Stat. 772.)
§ 774. Report to Commission as to injury.—Immediately after an injury to an employee resulting in his death or his probable disability, his immediate superior shall make a report to the commission containing such information as the commission may require, and shall thereafter make such supplementary reports as the commission may require. (Sept. 7, 1916, ch. 458, § 24, 39 Stat. 747.)
§ 775. Assignment of claim for compensation.—Any assignment of a claim for compensation under sections 751-791, 793 of this title shall be void, and all compensation and claims therefor shall be exempt from all claims of creditors. (Sept. 7, 1916, ch. 458, § 25, 39 Stat. 747.)
§ 776. Subrogation of United States to employee's right of action; assignment by employee; disposition of moneys collected from person liable.--If an injury or death for which compensation is payable under sections 751-791, 793 of this title is caused under circumstances creating a legal liability upon some person other than the United States to pay damages therefor, the commission may 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, or the commission may require said beneficiary to prosecute said action in his own name.