CHAPTER XXIII

FEDERAL COMPENSATION ACT 1

ARTICLE A-CLASSIFIED DECISIONS OF Department UNDER ACT. 991

This Act applies to certain employés of the Government, specified in § 1 of the original Act of May 30, 1908, the application of the Act being somewhat extended by the supplemented Acts of March 4, 1911, March 11, 1912 and July 27, 1912, all of which are printed in full in Article B. Many of the questions raised under the Federal Act are peculiar to that statute. They are discussed in the pages which follow. The questions of what is an "injury" or an "accidental injury" and when it arises out of the employment are important under all compensation Acts. Those questions therefore have been discussed in relation to the Federal Act in Chapter VI where these subjects are treated generally.

2. Hazardous employments.

The following have been held to have been engaged in hazardous employments:

A laborer with a gang at work clearing ground, using a machete in cutting trees. Re Elias Pedez, Op. Sol. Dep. C. & L., p. 135.

A machine printer operating a roller press. Re Allen Rawlins, Id., p. 133.

A time inspector required to attend men occupied in actual construction work of Isthmian Canal. Re E. H. Van Sittert, Id., p. 132.

A plumber and tinner working on roofs and stacks. Re Joseph Thennard, Id., p. 131.

A water boy serving water to men employed in actual

Not hazardous employments

construction work of Isthmian Canal. Re Adolphus Garsia, Id., p. 130.

An ambulance teamster, in the Canal Zone. Re Samuel Thompson, Id., p. 129.

A hospital orderly in attendance upon persons violently insane. Re David Small, Id., p. 128.

A policeman employed in the Isthmian Canal Zone. Re J. P. Golden, Id., p. 122.

A machine attendant at the ice plant of the Roosevelt Dam in the Reclamation Service. Re. C. H. Riggs, Id., p. 119.

A ditch rider, required to ride at night and discover and attend to breaks in a canal. Re Frank Redburn, Id., p. 118.

3. Not hazardous employments.

The following have been held not to have been engaged in hazardous employments:

A storeroom clerk. Re Dudley Inniss, Op. Sol. Dep. C. &. L. p. 123.

A laborer employed in a mess hall under the Quartermaster's Department in the Canal Zone. Re Pedro Traviso, Id., p. 124.

A cook in a hotel kitchen. Re C. L. Reisinger, Id., p. 124.

A cook's helper, working in cooking quarters, in the Reclamation Service. Re J. F. Jones, Id., p. 120.

A janitor rendering services chiefly of a domestic character. Re Alexander Jarvis, Id., p. 137.

A scavenger occupied in collecting garbage and hauling it away in carts. Re Henry Gill, Id., p. 134.

A cemetery laborer, wheeling stone in a barrow. Re John Carney, Id., p. 136.

A laborer employed on a delivery wagon. Re Eloy Palacios, Id., p. 126.

A scytheman in a grass-cutting gang. Re Jose Migeles, Id., p. 125.

Construction of fortification work

A water boy delivering water to grass-cutting gangs. Re Stephen Price, Id., p. 127.

A telephone operator. Re William Etienne, Id., p. 126. A hospital attendant performing the manual service usual about a hospital. Re Altman Renwick, Id., p. 136.

4. What is an arsenal.

The Military Academy at West Point is not an arsenal. Re Finlay Mackay, Op. Sol. Dep. C. & L., p. 106.

Carpenter work on an ice house for Fort Robinson, a mile distant, is not work in an arsenal. Re J. P. Olson, Id., p. 107.

5. What is employment in a navy yard.

The Naval Academy at Annapolis, in accordance with the organization and nomenclature of the Navy Department, is a navy yard. Re R. L. Brown, Op. Sol. Dep. C. & L., p. 108. A naval experiment station at Annapolis is a navy yard. Re F. S. Bullard, Id., p. 111. A gardener at a naval training station is an employé of a navy yard. Re J. H. Pangburn, Id., p. 109. A navy yard employé, although injured while at work on a naval hospital, outside the yard, is employed in a navy yard. Re Hinton Blount, Id., p. 108. An employé at a naval station, also designated a coaling depot, is employed in a navy yard. Re C. A. Burke, Id., p. 110.

A laundress at a naval home which is an asylum for disabled naval officers, seamen and marines is not employed in a navy yard. Re Clara Carey, Id., p. 110.

6. Construction of fortification work.

An artisan repairing cables in the underground electric system at Fort Adams is engaged in the construction of fortification work, which refers to work authorized by the fortification appropriation acts. Re H. F. Buzby, Op. Sol. Dep. C. & L., p. 112. A machinist working on gun carriages

What is a manufacturing establishment

at a seacoast fortification, although under the Ordnance Department rather than the Engineer Department, is engaged in the construction of fortification work. Re J. B. Moore. Id., p. 114.

Fort Meade, S. D., although called a fort, is not a fortification within the meaning of the Act. Re W. E. Burgess, Op. Sol. Dep. C. & L., p. 116. Nor is Fort Totten. Re C. B. Schenk, Id., p. 118.

A military post, called a fort, although unfortified, is not a fortification. Work of maintenance and upkeep of a fort, such as painting, is not work of construction. Re W. E. Burgess, Id., p. 116; Re C. B. Schenk, Id., 118.

A laborer under the Army Quartermaster's Department, hauling dirt in grading operations for new buildings, for officers' quarters, is not engaged in the construction of fortification work. Re James Ryan, Id., p. 116.

An engineer of an ice plant at the military post of Camp Wilhelm, Tayabas, Philippine Islands, is not engaged in construction work of fortification. Re C. E. Cale, Id., p. 113.

Carpenter work on an ice house for Fort Robinson, a mile distant, is not done in the construction of fortification work, as the construction of such work does not include the erection of an ice plant. Re J. P. Olson, Id., p. 112.

7. Construction work in the reclamation of arid lands. The construction of a reservoir for storing water for irrigating lands on an Indian reservation is construction work in the reclamation of arid lands. Re W. E. Arnold, Op. Sol. Dep. C. & L., p. 120. So also is work in a quarry to obtain rock for damming the Colorado River to protect a valley and supply water for irrigation. Re J. W. Skill, Id., p. 121.

8. What is a manufacturing establishment.

The following have been held to be manufacturing establishments within the meaning of the Federal Act: Re Edward Blaine,

The Government Printing Office.