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MAY 24 (legislative day, MAY 13), 1954.—Ordered to be printed

Mr. LANGER, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. 2266]

The Committee on the Judiciary, to which was referred the bill (S. 2266) for the relief of Walter P. Sylvester, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass.

PURPOSE

The purpose of the proposed legislation is to permit Walter P. Sylvester, of Rutland, Mass., to file, within 6 months after its enactment, a claim under section 20 of the Federal Employees' Compensation Act for disability incurred by him as a result of an injury sustained while he was employed at the Boston Naval Shipyard from June 1943 to January 1945.

STATEMENT

Records of the Department of the Navy disclose that on July 12, 1943, Walter P. Sylvester was employed by the Boston Naval Shipyard as a mechanic learner. He was rerated to helper shipfitter on February 21, 1944, and resigned due to ill health on February 13, 1945. In March 1950 Mr. Sylvester advised the shipyard that he was ill with tuberculosis and requested information as to his entitlement to disability compensation, inasmuch as he believed his illness resulted from his employment at the shipyard. He was advised of the procedure for submitting a claim to the Bureau of Employees' Compensation. The Navy Department advises that Mr. Sylvester's failure to make application to that Bureau for compensation within the 5-year limitation period was not due to any error or misunderstanding on the part of responsible officials of the shipyard. The Navy Department

further reports that they do not have any records which would indica that Mr. Sylvester sustained any injury while so employed by the and it is the belief of that Department that his employment was n of such a nature as to normally contribute to or aggravate a tubercul condition and that it is not believed that his illness was caused b his work at the shipyard.

This committee is advised that the claimant was not informed whe he left his employment at the shipyard of his right to file a claim f disability compensation and, consequently, did not discover unt May of 1950 that he could submit a claim for compensation. He di file a claim for compensation with the Bureau of Employees' Con pensation, which was denied by the Bureau of Employees' Compens tion for the reason that the claim was not filed within the 5-ye limitation period, as provided by law.

The Navy Department opposes enactment of this bill because it their belief that the claimant's illness was not caused by his work the shipyard.

The committee is constrained to disagree with the Navy Depar ment, and believes that this bill should be favorably considered. Th bill, if enacted, would only permit the Bureau of Employees' Con pensation to examine the claim of Mr. Sylvester on its merits. T committee is of the opinion that this claimant should not be denie the opportunity of having his claim examined on its merits, particular in view of the information furnished to the committee that this clain ant was not aware of his right to file with the Bureau of Employee Compensation until after the 5-year limitation period had expired. The Congress has on a number of occasions favorably considere bills of a similar nature. Attention is invited to Private Laws 143 an 350 of the 82d Congress. For the reasons set out above, the committe therefore recommends favorable consideration on this bill, S. 2266. Attached hereto is the report submitted by the Department of th Navy in connection with this claim.

Hon. WILLIAM LANGER,

DEPARTMENT OF THE NAVY,

OFFICE OF THE JUDGE ADVOCATE GENERAL,
Washington, D. C., August 31, 1953.

Chairman, Committee on the Judiciary,

United States Senate, Washington, D. C.

MY DEAR MR. CHAIRMAN: Your letter of July 8, 1953, to the Secretary the Navy requested a report on S. 2266, a bill for the relief of Walter P. Sylveste This bill would permit Walter P. Sylvester to file, within 6 months after enactment, a claim under section 20 of the Federal Employees' Compensati Act for disability incurred by him as a result of an injury sustained while he w employed at the Boston Naval Shipyard from June 1943 to January 1945.

Records of this Department disclose that on July 12, 1943, Walter P. Sylvest was employed by the Boston Naval Shipyard as a mechanic learner. He w rerated to helper shipfitter on February 21, 1944, and resigned due to ill heal on February 13, 1945. In March 1950 Mr. Sylvester advised the shipyard th he was ill with tuberculosis and requested information as to his entitlement disability compensation inasmuch as he believed his illness resulted from employment at the shipyard. He was advised of the procedure for submitti a claim to the Bureau of Employees' Compensation. His failure to make applic tion to that Bureau for compensation within the 5-year limitation period w not due to any error or misunderstanding on the part of responsible officials the shipyard. The records of this Department do not indicate that Mr. Sylvest

sustained any injury while employed at the shipyard. Further, his employment was not of a nature which would normally contribute to or aggravate a tubercular condition, and, in view of the brevity of his employment, it is not believed that his illness was caused by his work at the shipyard.

In view of the foregoing, the Department of the Navy does not favor enactment of S. 2266.

The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report on S. 2266 to the Congress.

Sincerely yours,

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MAY 24 (legislative day, MAY 13), 1954.-Ordered to be printed

Mr. LANGER, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. 2280]

The Committee on the Judiciary, to which was referred the bill (S. 2280) for the relief of Inge Krarup, having considered the same, reports favorable thereon without amendment and recommends that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to grant the status of permanent residence in the United States to Inge Krarup. The bill provides for an appropriate quota deduction and for the payment of the required visa fee.

STATEMENT OF FACTS

The beneficiary of the bill was born on February 9, 1941, in Helsingfor, Denmark, and was adopted on April 20, 1941, in Copenhagen by Karl and Ebba Kristensen. The adoptive mother was subsequently divorced and awarded custody of the child and later married Eiler Krarup. The mother and daughter entered the United States originally on April 22, 1949, as visitors. The mother subsequently departed from the United States and on November 6, 1952, reentered with a visa for permanent residence. The child attends school in River Forest, Ill., and is entirely dependent for support upon her adoptive mother.

A letter, with attached memorandum, dated December 23, 1953, to the chairman of the Senate Committee on the Judiciary from the Commissioner of the Immigration and Naturalization Service with reference to the case reads as follows:

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