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COMMITTEE ON THE JUDICIARY

HOUSE OF REPRESENTATIVES

SIXTY-NINTH CONGRESS

GEORGE S. GRAHAM, Pennsylvania, Chairman. LEONIDAS C. DYER, Missouri.

HATTON W. SUMNERS, Texas. W. D. BOIES, Iowa.

ANDREW J, MONTAGUE, Virginia. C. A. CHRISTOPHERSON, South Dakota. JOHN N. TILLMAN, Arkansas. RICHARD YATES, Illinois.

FRED H. DOMINICK, South Carolina. IRA G. HERSEY, Maine.

SAMUEL C. MAJOR, Missouri. EARL C. MICHENER, Michigan.

ROYAL H. WELLER, New York. ANDREW J. HICKEY, Indiana.

WILLIAM B. BOWLING, Alabama. NATHAN D. PERLMAN, New York.

ZEBULON WEAVER, North Carolina. J. BANKS KURTZ, Pennsylvania.

HENRY ST. GEORGE TUCKER, Virginia.
C. ELLIS MOORE, Ohio.
JOHN J. GORMAN, Illinois.
GEORGE R. STOBBS, Massachusetts.
JAMES F. STROTHER, West Virginia.

GUILFORD S. JAMESON, Clerk.
M. D. TURTON, Assistant Clerk.

TO PROVIDE COMPENSATION FOR EMPLOYEES INJURED AND DEPENDENTS OF EMPLOYEES KILLED IN CERTAIN MARITIME EMPLOYMENTS

HOUSE OF REPRESENTATIVES,
COMMITTEE ON THE JUDICIARY,

Thursday, April 8, 1926. The committee met at 10.15 a. m., Hon. George S. Graham (chairman) presiding.

The CHAIRMAN. Gentlemen, we have before us to-day H. R. 9498, a bill to provide compensation for employees injured and dependents of employees killed in certain maritime employments, and providing for administration by the United States Employees' Compensation Commission.

The bill is as follows:

[H. R. 9498, Sixty-ninth Congress, first session)

A BILL To provide compensation for employees injured and dependents of employees

killed in certain maritime employments, and providing for administration by the United States Employees' Compensation Commission

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

ARTICLE I

DEFINITIONS AND APPLICATION

SECTION 1. This act may be cited as the longshoremens and harbor workers' compensation act.

SEC. 2. Definitions When used in this act:

(a) The singular includes the plural and the masculine includes the feminine and neuter.

(b) “ Injury means (1) injury or death arising out of or in the course of employment or such disease or infection as may naturally or unavoidably result therefrom and includes injuries caused by the willful act of a third

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person directed against an employee because of his employment, but does not include injuries caused to the employee by his willful intention to injure himself or another; and

(2) A disease arising out of employment, and disablement from such disease shall be treated as the happening of an accident.

(c) Disablement means disablement from earning full wages at the work at which the employee was last employed.

(d) “Death as a basis for a right to compensation means only death resulting from an injury.

(e) Compensation" means the money allowance payable to an employee or to his dependents as provided for in this act, and includes funeral benefits provided therein.

(f) “Wages means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer.

(g) “ Child” shall include a posthumous child, a child legally adopted prior to the injury of the employee; and a step-child or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. Grandchild means a child as above defined of a child as above defined. Brother and • sister” include stepbrothers and step-sisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. * Child," " grandchild," brother," and sister 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 mentally or physically incapable of self-support.

(h) The term parent" includes step-parents and parents by adoption, parents-in-law, if dependent on the injured employee, and any person who for more than three years prior to the death of the deceased employee stood in the place of a parent to him.

(i) The term widow includes only the decedent's wife living with or dependent for support upon him at the time of his death; or living apart for justifiable cause or by reason of his desertion at such time.

(j) The term widower includes only the decedent's husband who, at the time of her death, lived with her and was dependent for support upon her.

(k) The terms “adoption " or "adopted ” mean legal adoption prior to the time of the injury. (1)

“ Person" means an individual, partnership, association, or corporation, or the receiver or trustee of a person, partnership, association, or corporation and the legal representatives of a deceased employer.

(m) Employer” means a person engaged in any employment covered by this act, and does not include the United States or any agency of the United States, whose employees are compensated under the United States employees' compensation act, any State, Territory, or possession of the United States, or any political subdivision thereof, or any foreign government.

(n) “ Insurance carrier" means any person or fund authorized to carry insurance under this act and includes self-insurers.

(0) "Commission" means the United States Employees' Compensation Commission.

(p) “Deputy commissioner,” unless the context shows the contrary, shall mean the deputy commissioner having jurisdiction of the case.

SEC. 3. This act shall apply to any employment performed on a place within the admiralty jurisdiction of the United States, except employment of local concern and of no direct relation to navigation and commerce; but shall not apply to employment as master or member of the crew of a vessel.

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ARTICLE II

COMPENSATION

SEC. 4. Every employer shall secure compensation to his employees as required by this act, and shall pay compensation for injury without regard to fault as a cause of the injury, except that he shall not be liable to pay compensation if the injury has beeen occasioned solely by the willful intention of the injured employee to injure or kill himself or another. The burden of proof shall be on

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