Evening star., 1924-03-13
HOUSE.COMM|1IEE
0vERRUL|ES M'cARl
Compensation Commission
; Given Full Authority to
! Review Decisions.

UneQuivocaI decision against Con-
troller General McCarl I'm his bitter
controversy with the Employees Com
pensation Commission, and emphasiz-
ing the absolute right of the commits
sion to be the sole review of its
awards, is found in the report of the
House judiciary committee, submit
ted to the House by its chairman.
Representative George S. Graham of
Pennsylvania
This report, on u bill designed to
correct two rulings of the controller
general, contains convincing testi-
inony from those who fathered the
organic act of the compensation COM
mission and who supported it on the
intention Congress had to make the
compensation commission. absolute in
its decisions. and the reason therefor.
Declares Rulings.
The two rulings of the controller
general which this corrective legis-
lation is intended to overrule and
settle these and similar objections
and obstructive tactics for all time
are:
(1) That the controller general has
the right to review the findings of
the United States employees Compen-
Sation commission.
90 That persons contracting So
called occupational diseases not due
TO accident or to the happening of a
particular event cannot be brought
within the terms of the United States
employees compensation act of Sep
tember Z, 1916.
Chairman Graham says in his re-
An examination of the debates
the act passed in the Sixty-fourth
Congress, as well as the opinion of
the Attorney General of May 16, 1928,
establishes that on both of the points
referred to the Congress and Attor-
ney General held views differing alb
solutely from those held by the con-
troller general.
Commission Is Upheld.
1.-The right of the commission to
determine and make findings Of fact
IN the claims presented for their con-
sideration IS provided by the act of
September Z. 1916" said Chair
man Graham. Thus the sole power
OF review is given to the commission
itself. Nowhere in this act is there
any provision for a review OF the
commissions decisions either by the
courts or other federal authority.
This absolute grant of power to
the commission arose out of the very
necessities of the case. The agitation
for this legislation grew out of the
general dissatisfaction with the act
Of May 30, 1903. The first substitute
bill considered sought to specifically
provide for 'occupaLtiona diseases'
At the hearing on this bill il was
developed that the inclusion of this
term In the legislation would be up-
satisfactory and inadvisable; that the
better method would be to leave the
decision as to the inclusion or ex-
cluSion OF a. particular disease to a.
competent commission"
In summarizing the conclusions or
the judiciary committee, Chairman
Graham says:
THE controller general in his de-
dsion relies upon sections Is, 16 and
IT Of the act, which provide that the
the hour that his injury occurred,
etc, as prof that 'occupational dis
ease was not intended to be COW
cred. This contenIon, however. is
overcome by the fact that the bill
reported to the House in 1914 ex-
presSiy mentioning 'occupational dis
case carried exactly the same pro-
visions as are included in the pres
ont law, with reference to notice.
This is also true, of the bills con-
sidered by the committee in the
Sixty fourth Congress, both of which
OF 'occupational diseases and also
carried the provisions requiring no
tice, etc.
"T,he opinion of the Attorney Gen.
erl and the communications received
from the controller general express
in full in the printed hearings on
this legiSi alton"