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If the beneficiary shall refuse to make such assignment or to prosecute said action in his own name when required by the commission, he shall not be entitled to any compensation under sections 751-791, 793 of this title.

The cause of action when assigned to the United States may be prosecuted or compromised by the commission, and if the commission realizes upon such cause of action, it shall apply the money or other property so received in the following manner: After deducting the amount of any compensation already paid to the beneficiary and the expense of such realization or collection, which sum shall be placed to the credit of the employees' compensation fund, the surplus, if any, shall be paid to the beneficiary and credited upon any future payments of compensation payable to him on account of the same injury. (Sept. 7, 1916, ch. 458,8 26, 39 Stat. 747.)

§ 777. Adjustment in case of receipt by employee of money or property in satisfaction of liability of third person.—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 in some person other than the United States to pay damages therefor, and a beneficiary entitled to compensation from the United States for such injury or death receives, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such beneficiary shall, after deducting the costs of suit and a reasonable attorney's fee, apply the money or other property so received in the following manner:

(A) If his compensation has been paid in whole or in part, he shall refund to the United States the amount of compensation which has been paid by the United States and credit any surplus upon future payments of compensation payable to him on account of the same injury. Any amount so refunded to the United States shall be placed to the credit of the employees' compensation fund.

(B) If no compensation has been paid to him by the United States, he shall credit the money or other property so received upon any compensation payable to him by the United States on account of the same injury. (Sept. 7, 1916, ch. 458, $ 27, 39 Stat. 747.)

8 778. United States Employees' Compensation Commission.The United States Employees' Compensation Commission shall be composed of three commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman. No commissioner shall hold any other office or position under the United States. No more than two of said commissioners shall be members of the same political party. One of said commissioners shall be appointed for a term of two years, one for a term of four years, and one for a term of six years, and at the expiration of each of said terms, the commissioner then appointed shall be appointed for a period of six years. The principal office of said

commission shall be in Washington, District of Columbia, but the said commission is authorized to perform its work at any place deemed necessary by said commission, subject to the restrictions and limitations of sections_751-791, 793 of this title. (Sept. 7, 1916, ch. 458, $ 28, 39 Stat. 748.)

§ 779. Same; other official bodies discontinued; reports from other departments to; transfer of clerks and employees.—Upon the organization of said commission and notification to the heads of all executive departments that the commission is ready to take up the work devolved upon it by sections 751-791, 793 of this title, all commissions and independent bureaus, by or in which payments for compensation were provided, on September 7, 1916, together with the adjustment and settlement of such claims, shall cease and determine, and such executive departments, commissions, and independent bureaus shall transfer all pending claims to said commission to be administered by it. The said commission may obtain, in all cases, in addition to the reports provided in section 774 of this title, such information and such reports from employees of the departments as may be agreed upon by the commission and the heads of the respective departments. All clerks and employees on September 7, 1916, exclusively engaged in carrying on said work in the various executive departments, commissions, and independent bureaus, are transferred to, and become employees of, the commission at their present grades and salaries. (Sept. 7, 1916, ch. 458, § 28a, 39 Stat. 748.)

$ 780. Same; subpoenas for witnesses. The commission, or any commissioner by authority of the commission, shall have power to issue subpoenas for and compel the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the commission. (Sept. 7, 1916, ch. 458, $ 29, 39 Stat. 748.)

8 783. Same; rules and regulations. The commission is authorized to make necessary rules and regulations for the enforcement of sections 751-791, 793 of this title, and shall decide all questions arising under said sections. (Sept. 7, 1916, ch. 458, $ 32, 39 Stat. 749.)

$ 785. Employees' compensation fund. There is authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $500,000, to be known as the employees' compensation fund. To this fund there shall be added such sums as Congress may from time to time appropriate for the purpose. Such fund, including all additions that may be made to it, is authorized to be permanently appropriated for the payment of the compensation provided by sections 751-791, 793 of this title, including the medical, surgical, and hospital services and supplies provided by section 759 of this title, and the transportation and burial expenses provided by sections 759 and 761 of this title. The commission shall submit annually to the Bureau of the Budget estimates of the appropriations

necessary for the maintenance of the fund. (Sept. 7, 1916, ch. 458, § 35, 39 Stat. 749; June 10, 1921, ch. 18, § 215, 42 Stat. 23.)

786. Findings and award by Commission; payment of compensation. The commission, upon consideration of the claim presented by the beneficiary, and the report furnished by the immediate superior and the completion of such investigation as it may deem necessary, shall determine and make a finding of facts thereon and make an award for or against payment of the compensation provided for in sections 751-791, 793 of this title. Compensation when awarded shall be paid from the employees' compensation fund. (Sept. 7, 1916, ch. 458, $ 36, 39 Stat. 749.)

$ 787. Same; review. If the original claim for compensation has been made within the time specified in section 770 of this title, the commission may, at any time, on its own motion or on application, review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation. In the absence of fraud or mistake in mathematical calculation, the finding of facts in, and the decision of the commission upon, the merits of any claim presented under or authorized by sections 751-791, 793 of this title if supported by competent evidence shall not be subject to review by any other administrative or accounting officer, employee, or agent of the United States. Any award made by the Compensation Commission for disability or death resulting from a personal injury sustained prior to June 5, 1924, shall be valid, if such ward would be valid if made in respect to an injury sustained thereafter. (Sept. 7, 1916, ch. 458, $ 37, 39 Stat. 749; June 5, 1924, ch. 261, § 1, 43 Stat. 389.).

$ 788. Same; cancellation; recovery of compensation paid.If any compensation is paid under a mistake of law or fact, the commission shall immediately cancel any award under which such compensation has been paid and shall recover as far as practicable, any amount which has been so paid. Any amount so recovered shall be placed to the credit of the employees' compensation fund. (Sept. 7, 1916, ch. 458, § 38, 39 Stat. 749.)

$ 789. Penalty for perjury.-Whoever makes, in any affidavit required under section 754 of this title or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perury and 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. 458, § 39, 39 Stat. 749.)

§ 790. Terms defined.—Whenever used in sections 751-791, 793 of this title

The singular includes the plural and the masculine includes the feminine.

The term "employees" includes all civil employees of the United States and of the Panama Railroad Company, commissioned officers of the Regular Corps of the Public Health Service, officers in the Reserve of the Public Health Service on active duty, and all persons, other than independent contractors and

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their employees, employed on the Menominee Indian Reservation in the State of Wisconsin, subsequent to September 7, 1916, in operations conducted pursuant to the Act entitled “An Act to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin," approved March 28, 1908, as amended, or any other Act relating to tribal timber and logging operations on the Menominee Reservation.

The term “commission” shall be taken to refer to the United States Employees' Compensation Commission provided for in section 778 of this title.

The term “physician” includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law.

The term "medical, surgical, and hospital services and supplies” includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law.

The term "monthly pay" shall be taken to refer to the monthly pay at the time of the injury.

The term "injury" includes, in addition to injury by accident, any disease proximately caused by the employment.

The term "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for out of the compensation fund: Provided, however, That this shall not in any way reduce the amount of the monthly compensation payable in case of disability or death. (Sept. 7, 1916, ch. 458, § 40, 39 Stat. 750; June 5, 1924, ch. 261, § 2, 43 Stat. 389; May 31, 1938, ch. 293, 52 Stat. 586; Apr. 11, 1940, ch. 79, § 1, 54 Stat. 105; July 1, 1944, ch. 373, title VI, S 605 (b), 53 Stat. 712.)

SUBSISTENCE EXPENSE ACT OF 1926 $ 821. Short title.--Sections 821-823, 824-833 of this title may be cited as the "Subsistence Expense Act of 1926.” (June 3, 1926, ch. 457, § 1, 44 Stat. 688.)

EFFECTIVE DATE Effective date of sections 821-823, 824-833, see section 833 of this title.

$ 822. Definitions.—When used in sections 821-823, 824-833 of this title

The term “departments and establishments” means any executive department, independent commission board, bureau, office, agency, or other establishment of the Government, including the municipal government of the District of Columbia.

The term “subsistence” means lodging, meals, and other necessary expenses incidental to the personal sustenance or comfort of the traveler.

The term “actual expenses” means the actual amounts necessarily expended by the traveler for subsistence and itemized in accounts for reimbursement.

The term “per diem allowance” means a daily flat rate of payment in lieu of actual expenses. (June 3, 1926, ch. 457, $ 2, 44 Stat. 689.)

EFFECTIVE DATE Effective date of sections 821-823, 824-833, see section 833 of this title.

§ 823. Officers and employees away on official business; allowance of actual necessary expenses.—Civilian officers and employees of the departments and establishments, while traveling on official business and away from their designated posts of duty, shall be allowed, in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards, a per diem allowance to be prescribed by the heads of the departments and establishments concerned at a rate not to exceed $6 within the limits of the continental United States, and not to exceed an average of $7 beyond the limits of the continental United States. (June 3, 1926, ch. 457, § 3, 44 Stat. 689; June 30, 1932, ch. 314, § 207, 47 Stat. 405. Jan. 30, 1942, ch. 29, 56 Stat. 39.)

CROSS REFERENCE Use of own motorcycle or automobile, allowance for, see section 73a of this title.

§ 823a. Transportation of effects; automobiles. After July 1, 1932, no law or regulation authorizing or permitting the transportation at Government expense of the effects of officers, employees, or other persons, shall be construed or applied as including or authorizing the transportation of an automobile: Provided, That not more than $5,000 in any fiscal year may be expended for such purposes by the War Department, and not more than $5,000 in any fiscal year by the Navy Department: Provided further, That funds available to the Department of State may be expended for the transportation of a personally owned automobile in any case where the Secretary of State shall determine that ocean transportation is necessary for any part of the distance between points of origin and destination, except that this authorization shall not be extended to any Ambassador or Minister when proceeding to a post of duty where a Governmentowned automobile shall have been provided for his use. (June 30, 1932, ch. 314, § 209, 47 Stat. 405; Apr. 30, 1940, ch. 172, 54 Stat. 174.)

EFFECTIVE DATE Effective date of act June 30, 1932, cited to text, see note under section 73c of this title.

CROSS REFERENCES Household goods and personal effects of civilian employees, see section 73c-1 of this title.

§ 827. Regulations governing expenses or per diem; standarization.—The fixing and payment, under section 823 of this title, of per diem allowance, or portions thereof, shall be in accordance with regulations which shall be promulgated by the heads of departments and establishments and which shall be standardized as far as practicable and shall not be effective until approved by the President of the United States. (June 3, 1926, ch. 457, § 7, 44 Stat. 689; June 30, 1932, ch. 314, § 208, 47 Stat. 405.)

EFFECTIVE DATE Effective date of sections 821-823, 824-833, see section 833 of this title.

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