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.
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