Evening star., 1923-02-03
SICK PAY DENIED
i. S. EMPLOyESB BY
RULING OF M'CARL
"0nIy for Personal Injury in
Performance of Duty" Says
Controller General.
SECOND REVERSAL FOR
COMPENSATION BOARD
Congress Fight for Mitigation of
Drastic Decision Already
Assured.

states McCarl has ruled against the
| United States employees compensa-
ton commission for the second time,
1t became known today, in a decision
which. in effect prevents the commits
sion from paying benefits to any gov
ernment employe, except those who
have sustained personal injury in
the performance of duty"
! This ruling. it has been stated by
the commission, IS most drastic in
confining the benefits to government
| employees specifically TO injuries by
strictive than the powers OF state
compensation commissions through
out the country that the matter will
be taken to Congress.
Although no definite plans have
oeen laid for Introduction of legisla-
| tion to mitigate the severity of the
controllers decision, it is understood
that the judiciary committees OF the
| Senate and House will shortly have
the matter brought to their attention.
! CONTINUE for This Year
In his ruling the controller decided
that payments under awards already
| made might continue for the current
/ lSCdt year mere SnOuiu no IUT-
ther awards of compensation" said
| the controller, Gin cases similar To
| those decided adversely herein and no
| further payment in any such cases
already awarded after June so, 1923.
4 unless such awards and payment.
shall hereafter be specifically authorized
by law
! The action of the controller gen
eral, in effect, will preclude the bene-
of tuberculosis and certain occupa-
| tfonal diseases OF which 1t is irnpos-
| sble to trace the origin specifically
to its beginning.
ted by the commission to the control
Ter general as test of his previous
ruling against the commission. In
reviewing these cases, the controller
decided that only one, a certain Will
| liam Blackburn, a mail carrier, who
was frozen to death on the night
! of February .. 1917. was compensate
under the law: The other ten cases
! including certain occupationai dis
| eases, were ruled against
| Based on Acc of 1915.
/ In interpreting the present law, the
controller based his decision on the
act of September :. 1916. Interpreting
this act, he said:
"I think it is beyond question that
the term personal injury sustained
| while in the/performance OF his duty.
as used in this statute, was not in
tended to cover generally what are
| designated as vocational or occupa-
| tional diseases. The requirement that
| the administrative notice shall state
| the day and hour when the injury
| occurred is entirely inconsistent with
| the inclusion generally of such dis
! eases. I am constrained to hold that
| the term personal injury was used
1 ~ xnF
damage or mischief suffered by the
| employe. but in the narrower
sense of direct injury of bodily tissue
through some accidental or for
tuitcus happening definitely fixed in
point of time in contradistinction to
| the gradual organic changes or of
functional disturbances brought about
! by vocational or other diseases.
Would Cut on Widow.
An idea of the effect Of the con
trollers decision was brought home
to Washington in the case of a mold
er at the Washington navy yard, BY
name Samuel Anderson Taylor, who
died in 1920. His widow is now re-
ceiving s66.67 month, which will be
cut off short unless relief is afforded
by Congress. The case was one of
eleven against which the controller
ruled.
The controller said: Samuel A.
Taylor, who was employed as molder
at the Washington navy yard, died
July so, 1920, OF pulmonary tuber-
culosis, found by the commission to
have been incurred in line of duty.
1t is in evidence that during the con-
struction of an addition to the shop
in which this claimant was employed
during the autumn of 1918 he was
Il H. ~
developed his tuberculosis. which dis
abled him for work from November
16, 1918, to the time of his death
He was allowed disability compensa-
has been allowed death compensa-
tion since that time. For reasons
hereinbefore stated there is no legal
basis for the compensation award in
this case"
The commission had submitted to
the controller general a detailed re-
port as to how Taylor incurred the
fatal tuberculosis and why an award
had been granted.
Unusual Shop Condition.
The commission explained that his
first appeal had been refused, but
that a supplementary statement had
been submitted by fellow employe,
describing in detail the conditions at
the navy yard brass foundry. This
controller general. was to the effect
that in the fall Of 1918, preceding Mr..
Taylor's disability, the shop was very
much congested and 1t was necessary
to build an addition 200 feet long.
During this condition in the shop
the practice was to scrap iron and
steel in an open-hearth furnace by
an electrical process; that, owing to
the steel and iron being scrapped
it contained very much more dirt and
of a much greater variety than or
dinarily, causing dense smoke and
such conditions in the shop that they
became the subject of complaint by
a committee Of the men requesting
some remedy.
"The medical officer at the navy
yard" continued the commissioners
statement upon examination con-
demned the conditions as dangerous
to the men. Before relief could be
afforded, it became necessary to en-
large the shop and for this purpose
the entire end of the foundry was
knocked out so that the men were
exposed to the weather and to very
strong drafts, resulting in much sick
ness. During this work OF enlarge
ment. the condition as to dust ana