Evening star., 1938-12-05
Appellate Court
0verturns Decision
On Compensation
Declares Act Coils for
Payment Of Benefits
Beyond $500

The United States Court OF APP
peals ruled today that the En-
ployes' Compensation Act of the
District of Columbia calls for pay
ment of medical and similar bene-
Ats in addition to the maximum of
$500 provided for compensation
to person injured at work
Overruling a District Court de-
cision which had enjoined payment
Of any benefits above the $500
limit. the Court of Appeals held that
mathematical accuracy" was con-
templated in the law and that "as
it is impossible accurately to FORE
cast the cost of medical benefits, it
follows that compensation to be
computed does not include them"
Controversy Over Benefit.
The case grew out OF controversy
over benefit payments under the act
to Julius H. Cobb. formerly employed
by hardware Arm here as a service
man for refrigerators. His attorneys
said he contracted tuberculosis as a
result of using an allegedly faulty
gas mask in repairing a refrigerator
that was leaking sulphur dioxide gas
on December IL, 1881. He now. is re-
cuperating in Florida.
The Liberty Mutual Insurance Co.,
defendant in the case, which was
appealed to the Court of Appeals by
Mr.. Cobb and Employees Compensa-
ton Commission officials, declined
to continue compensation payments
above the limit of $500 set for
compensation in section IA (M)
of the act.
Deputy Commissioner Frank A..
Cardillo of the United States EN-
ployes Compensation Commission
District of Columbia Compensation
District, made supplementary
award against the insurance firm
for additional medical expenses, in
cluding a 20 per cent penalty.
On a plea by the insurance COM
pany. District Court enjoined en-
forcement of the award and Mr..
Cardillo and Mr.. Cobb appealed the
case.
Opinion by Edgerton.
In an opinion written by Asso-
ciate Justice Henry E. Edgerton,
the Court of Appeals declared:
The sole question on this appeal
Is whether expenditures for medical
and similar benefits under section
Z are to be counted in determining
whether the $500 limit of total
compensation fixed by section IA
(M) has been reached.
I'VE conclude that medical and
similar benefits under section are
not to be counted in applying the
$500 limit of total compensation
in section IA (M).
"The same conclusion follows from
the principle that compensation
acts are to be construed literally
in furtherance of the purpose for
which they were enacted"
Participating in hearing of the
case were Chief Justice D. Lawrence
Groner and Associate Justice Fred
M. Vinson.
Appellants Representatives.
United States attorney David A.
Pine, Assistant United States At
torney Allen j. Krouse and Chief
Counsel z. Lewis Dalby of the
United States Employees Compensa-
ton Commission, with Associate
Counsel Charles T. Branham and
Ward E. Boote of the commission
and Attorney James E. McCabe, rep
resented the appellants.
They argued to the court that
medical expenses, in the case where
a workman was injured on the job,
might equal or exceed the compensa-
ton total and the man would get
nothing for himself.
The insurer argued that certain
sections Of the act used the term
compensation" in q sense which in
cludes medical benefits, funeral
benefits. ETC., but the appellate
tribunal held that this argument
proves nothing, for it is equally
obvious that in certain other sections
of the act, as well as in the defini-
ton, compensation" excludes med
ical benefits.