Page:United States Statutes at Large Volume 63 Part 1.djvu/905

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63 STAT.] 81ST CONG. , 1ST SESS.-CH. 691-OCT. 14 , 1949 (d) (1) The amendments made by section 104 of this Act to section 5 of the Federal Employees' Compensation Act, establishing special provisions for permanent disability involving the loss, or loss of use, of a member or function of the body, shall (A) in cases within the purview of section 5 (b) or in cases of disfigurement apply retro- actively to any case where the injury occurred on or after January 1, 1940, and (B) in other cases, apply retroactively to injuries which occurred within one year prior to the enactment of this Act: Provided, That where the injury occurred before such enactment, except in cases specified in subsection (b) of section 5 of such Act, as so amended, the injured employee shall not be entitled to compensation under the schedule unless within one year after such date of enactment he elects to receive compensation under the schedule if so entitled: Provided further, That in the event of such election, all amounts theretofore paid on the basis of loss of wage-earning capacity as compensation or peramnent disability involving a loss, or loss of use, of a member or function, or disfigurement, as specified in the schedule shall be credited against any compensation awarded by reason of such amend- ment: And provided further, That any award made under the pro- visions of this subsection shall be payable prospectively in the same manner as though the injury occurred after the enactment of this Act. (2) No payment upon death pursuant to section 5 (d) of the Federal Employees' Compensation Act, as amended by this Act, shall be made unless death occurs after such enactment. In the event of such death, the election required by paragraph (1) of this subsection shall be deemed to have been made. (e) Section 107 of this Act, amending section 11 of the Federal Employees' Compensation Act, shall apply only to deaths occurring after the enactment of this Act. (f) (1) The amendments made by section 108 of this Act to the definition of the term "employee" contained in section 40 of the Fed- eral Employees' Compensation Act shall, as to any case of injury or death occurring before the date of enactment of this Act, apply only to injuries or deaths occurring on or after December 7, 1941, and com- pensation (including medical or other benefits) in any such case shall not be paid for any period earlier than the first day of the first month following enactment of this Act and, in cases of disability caused by such an injury, shall be limited to compensation for permanent partial or permanent total disability. (2) The time limitations of the Federal Employees' Compensation Act with respect to the giving of notice of injury and the filing of a claim for compensation, in any case brought within the purview of section 40 of such Act by this Act, shall not begin to run until the date of enactment of this Act. (g) The amendment made by section 201 of this Act to section 7 of the Federal Employees' Compensation Act, making the remedy and liability under such Act exclusive except as to masters or members of the crew of any vessel, shall apply to any case of injury or death occurring prior to the date of enactment of this Act: Provided, how- ever, That any person who has commenced a civil action or an action in admiralty with respect to such injury or death prior to such date, shall have the right at his election to continue such action notwith- standing any provision of this Act to the contrary, or to discontinue such action within six months after such date before final judgment and file claim for compensation under the Federal Employees' Com- pensation Act, as amended, within the time limited by sections 15 to 20 of such Act (including any extension of such time limitations by any provision of this Act) or within one year after enactment of this Act, whichever is later. If any such action is not discontinued and is 867 Ante, p. 855. Ante, p. 856 . Time limitation. Credit of prior com- pensation. Ante, p. 857. Ante, p. 860 . Ante, p. 860 . Time limitations. 39 Stat. 750. 5U..c.. 790. Ante, p. 860. Ante, p. 861. Civil or admiralty actions. 39 Stat. 742. 5U.S.C. §§751-793. 39 Stat. 746. 5U. . C. i765-770.