TO AMEND THE LONGSHOREMEN'S AND HEARING BEFORE A SUBCOMMITTEE OF THE UNITED STATES SENATE SEVENTY-FOURTH CONGRESS FIRST SESSION ON S. 2791 STANFORD A BILL TO AMEND THE LONGSHOREMEN'S AND JULY 23, 1935 [Corrected Print] Printed for the use of the Committee on the Judiciary UNITED STATES WASHINGTON: 1935 P127-40 TO AMEND THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT TUESDAY, JULY 23, 1935 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met in the Committee Room, Capitol, at 10:20 a. m., Senator Edward R. Burke (chairman) presiding. Present: Senators Burke (presiding), Borah, and McGill. The subcommittee had under consideration S. 2791, a bill to amend the Longshoremen's and Harbor Workers' Compensation Act, which S. 2791 is here set forth in full, as follows: COMMITTEE PRINT, JULY 19, 1935 [S. 2791, 74th Cong., 1st sess] [Omit the part in black brackets and insert the part printed in italic] A BILL To amend the Longshoremen's and Harbor Workers' Compensation Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivision (14) of section 2 of the Longshoremen's and Harbor Workers' Compensation Act be, and it is hereby, amended to read as follows: "(14) 'Child' shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in loco parentis at the time of injury, and a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. 'Grandchild' means a child as above defined of a child as above defined. 'Brother' and 'sister' include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. 'Child', 'grandchild', 'brother', and 'sister' include only persons who at the time of the death of the deceased employee are under eighteen years of age and also persons who though eighteen years of age or over are wholly dependent upon the deceased employee and incapable of self-support by reason of mental or physical disability." SEC. 2. That subdivision (a) of section 7 of said Act, as amended, be, and it is hereby, amended to read as follows: "(a) The employer shall furnish such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus for such period as the nature of the injury or the process of recovery may require. If the employer fails to provide the same, after request by the injured employee, such injured employee may do so at the expense of the employer. The employee shall not be entitled to recover any amount expended by him for such treatment or services unless he shall have requested the employer to furnish the same and the employer shall have fefused or neglected to do so, or unless the nature of the injury required such treatment and services and the employer or his superintendent or foreman having knowledge of such injury shall have neglected to provide the same; nor shall any claim for medical or surgical treatment be valid and enforceable, as against such employer unless within twenty days following the first treatment the physician giving such treatment furnish to the employer and the deputy commissioner a report of such injury and treatment, on a form prescribed by the |