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on that road to stop before proceeding onto United States Highway No. 207. The Government vehicle entered the intersection at a speed of about 10 miles per hour without stopping, and collided with the right side of the Chevrolet coupe, which by reason of traveling on a through highway had the right-of-way. It appears that the Army driver, after observing the approach of the Chevrolet coupe, made an effort to stop, but because of ice on the pavement was unable to do so in time to avoid a collision. Visibility from both approaches to the intersection was partially obstructed by high weeds along the roadsides, but the “Stop” sign was plainly visible to the driver of the Army truck. The windshield of the Army truck was partially frosted at the time of the accident.
As a result of the accident, the Chevrolet coupe was damaged extensively and Mr. Gillam sustained serious injuries to his head and right eye.
No claim appears to have been filed with the War Department by Edward L. Hanson, the owner of the car in which Mr. Gillam was riding, for damages to his car.
On October 21, 1942, Mr. Gillam filed a claim with the War Department in the amount of $16,845.60 for personal injuries, medical and hospital expenses, and loss of wages, past and future. He itemized his claim as follows: Past medical expense: Hermiston Hospital.-
$14. 00 Ambulance from Hermiston to Pendleton...
13. 00 St. Anthony's Hospital, Pendleton..
81.00 Dr. Ivan C. Bohlman and Dr. E. S. Morgan, his associate.
157. 50 Dr. F. L. Ralston.--
62. 00 Medicine for nose and headaches.
3. 00 Travel expense from Hermiston to La Grande to see Dr. Ralston, (3 trips at $3.25)
9. 75 Total medical expense to date----
340. 25 Probable future medical expense: Sinus operation and hopsitalization for sinus infection resulting from sinus injury -
200.00 Past wage loss: Jan. 5 to May 12, 1942; 17 weeks at $76.80.
1, 305. 60 Future wage loss: Lost future wages and earning apacity due to
inefficiency resulting from disabilities claimed (present worth of one-third of annual income of $3,800 for remainder of claimant's useful life).-
15, 000.00 Total damages past and future..
16, 845. 60 Correct total.-
16, 845. 85 (NOTE.- No deductions made for welfare commission advance of $201.48 because that to be repaid to them by claimant.)
On October 21, 1942, Mr. Gillam stated that he was 44 years of age at the time of the accident; that he was a carpenter by trade; that at the time he was injured he was employed as "lay-out man" and was earning $76.80 a week; that he had been so employed since July 1941; that the accident occurred after working hours, and, therefore, he was not covered by any workmen's compensation insurance, or other form of protection; that he did not receive unemployment compensation insurance while he was incapacitated; and that nearly all of the expenses he incurred for the treatment of his injuries were owing and unpaid. He further stated that he has a wife and eight minor children (all under 17 years of age) who are totally dependent upon him for support; that his earning capacity is definitely diminished by reason of physical disability resulting from the accident; that he did not receive treatment, compensation, or medical attention through any welfare, public, or charitable organization free of charge except for the sum of $201.48 from the Umatilla County Public Welfare Commission for glasses, ambulance, and partial support of his family, which sum he has agreed to repay to the commission.
It appears that Mr. Gillam was unable to work from January 5, 1942, to April 21, 1942. From April 21, 1942, to May 31, 1942, Mr. Gillam was employed by the Tri-State Construction Co., Portland, Oreg., and earned the sum of $563.80 during that period. It appears that from the early part of June 1942 until some time in September 1942 he was employed at the naval station, Bayview, Idaho, at a wage of $1.40 per hour, 10 hours a day, 7 days a week. From September 14, 1942, to October 28, 1942, he earned $397.60 from employment at the Umatilla Ordnance Depot and on the latter date was continuing in that employment.
Dr. Ivan C. Bohlman, physician and surgeon of Hermiston, Oreg., who treated Mr. Gillam after he was injured, in an affidavit dated October 23, 1942, stated:
“That I was acquainted with claimant prior to the accident having examined him for a suspected arm fracture; that he was a normal, well, and healthy individual prior to the time of the accident; that in said accident he sustained the following injuries, to wit:
“Skull and head.-Claimant's skull was fractured as shown by the X-rays; it is my opinion that the inner table of the skull was also shattered as there were and are positive symptoms of brain injury as evidenced by claimant's unconscious state for several hours in the hospital, intermittent delirium and present complaints such as headaches, dizziness, weakness, irritability, buzzing noises in right ear, etc.
"The fracture of the right frontal sinus damaged that sinus and caused claimant's present sinus trouble. Mr. Gillam states that he had not had any sinus trouble prior to the time of the accident.
“Eyes.— I knew Mr. Gillam before the accident and I know that the pupil in his right eye was normal before the accident; now the pupil of that eye is paralyzed and permanently dilated. Also he has the eye-muscle paralysis described by Dr. Ralston.
“Face.—Mr. Gillam's face is partly paralyzed on the right side above the mouth and he has no feeling or sensation in this portion of his face.
"Conclusion.- From my observation of Mr. Gillam's injury and recovery and my knowledge of his occupation, it is my opinion that the injuries sustained in the accident have substantially and permanently diminished his earning capacity. His loss of sight coupled with his loss of equilibrium, his sinus trouble and difficult hearing is tragic in view of the size of his family and their demands upon him for support.
Dr. Frank L. Ralston, physician and surgeon of La Grande, Oreg., specializing in eye, ear, nose, and throat surgery, who also examined and treated Mr. Gillam after the accident, in an affidavit dated October 23, 1942, stated that Mr. Gillam sustained a deep, depressed fracture of the frontal bone over the inner eyebrow on the right side and a fracture of the right frontal sinus, resulting in serious injury to his right eye. He said:
The claimant could now see better if he had lost his right eye entirely, because then the confused image from the right eye would not be constantly confusing the image transmitted to the brain by the normal left eye. This disability is a distinct handicap for anyone engaged in carpentry work.
“A partial paresis (paralysis) of the superior oblique muscle of the right eye was also sustained by claimant. This paralysis causes diplopia (double vision). This will cause the dizziness claimant complains of. The fact that this paralysis still exists 10 months after the accident in practically the same amount, indicates that it is permanent in nature. A disability of this nature is a serious handicap to one working on scaffolds, buildings, etc. because of the dizziness and loss of equilibrium that the patient suffers from.
"The fracture to the skull occurred in the area of the right frontal sinus which was also fractured. This created sharp angles in the sinus. These angles prevent normal drainage. This condition has undoubtedly, resulted in the sinus difficulty which the claimant is complaining of since the accident. To cure this difficulty a radical, frontal sinus operation should be performed. Such an operation would involve a surgeon's fee of $150, a hospital bill of $80 and a month's absence from work
X-ray photographs of Mr. Gillam's skull, including the sinuses, made after the accident, are on file in the War Department. The entire War Department file regarding this accident, including the X-ray photographs, was examined by the Surgeon General of the Army to ascertain the nature of Mr. Gillam's injuries and the extent of permanent disability. The Surgeon General submitted the following report:
"1. Photographs of the X-ray films stated to be those of the claimant (Edward Gillam) revealed a fracture of considerable extent of the outer table of the right frontal sinus.
“2. Photographs of the claimant give definite evidence of a dilated pupil of the right eye and imbalance of the muscles of the right eye; a deep scar is shown over the right frontal sinus. According to the record the claimant does have perma
nent disability This permanent disability results from impairment of vision in the right eye associated with double vision; difficulty in hearing out of the right ear, associated with loud ringing noises in that ear; anesthesia of a portion of the right side of the face; and nervous and emotional instability."
The board of officers appointed to investigate the claim tied by Mr. Gillam recommended that he be paid the sum of $4,192.25, upon the following basis: Medical and hospital expenses, and other incidental expenses in connection therewith
$340, 25 Probable future medical expenses (sinus operation)
200.00 Loss of wages (Jan. 5, 1942. to Apr 20 1942. 15 weeks at $76.80 per week).
1, 152. 00 Personal injury, suffering, disfigurement, and future personal inconvenience.
4, 192. 25 Mr. Gillam's claim was disapproved for the reaosn that there is no statute or appropriation available to the War Department for the administrative settlement of claims of this character for personal injuries and expenses incident thereto.
It is evident that Mr. Gillam has sustained serious injuries, resulting in his permanent partial disability. Under the circumstances, it is the view of the War Department that he should be compensated for the damages sustained by him. However, payment of the sum of $16,845,60, stated in the bill, would be excessive. Furthermore, the evidence establishes that after Mr. Gillam resumed employment his earnings during one period were susbtantially greater than his alleged wages for corresponding periods prior to the accident.
For the foregoing reasons, it is the view of the War Department that payment of $4,192.25, the amount recommended by the board of officers after consideration of the facts. would afford fair and reasonable compensation, and the enactment of the bill after amendment to conform to that view is recommended.
The fiscal effect of the bill is manifest.
The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours,
HENRY L. Stimson, Secretary of War.
HOUSE OF REPRESENTATIVES
FLOOD LOANS AND GRANTS
May 12, 1944.—Committed to the Committee of the Whole House on the state
of the union and ordered to be printed
Mr. CANNON of Missouri, from the Committee on Appropriations,
submitted the following
[To accompany H. J. Res. 280)
The Committee on Appropriations submits the following report in explanation of the accompanying joint resolution (H. J. Res. 280) making an appropriation for flood loans and grants to farmers whose property is destroyed or damaged by floods in 1944 and for the servicing of loans made in connection with the 1943 floods.
The Budget estimate for this purpose is contained in House Document No. 577, and proposes a continuation of the balance of the present appropriation of $15,000,000 made for flood restoration loans for 1943 in the Second Deficiency Appropriation Act, 1943. The Budget estimate makes the money available for grants, as well as loans, and for damages inflicted by windstorms as well as by floods.
The committee has approved the Budget estimate, with the exception of damages from windstorms, and has limited to $3,000,000 the amount which may be used for grants.
The prospective unexpended balance of the former appropriation, as of June 30, 1944, is approximately $12,000,000.
It was disclosed at the committee hearings on this estimate that at some points in the flooded areas the water is still rising. In very few, if any, regions have the floodwaters receded, so that it is impossible at this time to arrive at any accurate estimate of the total amount of damage or of the total number of persons who will need assistance.
Presumably, a substantially greater amount of assistance will be needed this year than was extended on account of the 1943 floods, for the reason that the funds were not available until July 12, 1943, and the program of loans did not get under way last year until about September 1, and also for the reason that none of the appropriation was available for grants.
According to the testimony of the Department of Agriculture witDesses, no loan will be made to any flood sufferer unless it is deter