PREFACE The Employees' Compensation Appeals Board began functioning in the latter part of 1946 as a three-member, quasi-judicial body established within the Federal Security Agency in accordance with the provisions of Reorganization Plan No. 2 of 1946, effective July 16, 1946. Reorganization Plan No. 19 of 1950, effective May 24, 1950, provided for the transfer of the Board and its functions to the Department of Labor, and the transfer to the Secretary of Labor of the functions of Federal Security Administrator with respect to the Board. The Board has authority to hear and, subject to applicable law, make final decisions on appeals taken from determinations and awards with respect to claims of employees of the Federal Government and of the District of Columbia arising out of the Federal Employees' Compensation Act of 1916, as amended and extended.1 The Board's jurisdiction is strictly appellate in nature and extends to questions of law and fact and to questions concerning the exercise of discretion. The review is made upon the case record. New evidence is neither received nor considered by the Board. The administration of the Federal Employees' Compensation Act is the responsibility of the Office of Workers' Compensation Programs which prior to July 2, 1974 was known as the Office of Federal Employees' Compensation.2 The decisions reported in this volume were issued within the period from July 1, 1974 to June 30, 1975. The practice of adding headnotes to each decision commenced with Volume 16. The headnotes are not part of the Board's decision and are not to be regarded as adding to or modifying the result or text of the decision in any manner. They are intended merely as a tool, similar to an index, to assist in the use of the volume. Title 5, United States Code, section 8101 et seq. 2 In the case of employees of the Canal Zone Government and of the Panama Canal Company, the administrator is the Governor of the Canal Zone. iii TABLE OF CASES ADALIAN, Gloria C. and Veterans Administration Outpatient ANDREWS, Barbara, claiming as minor child of Glenn T. An- ANGIOLELLI, Gerald Eugene and U.S. Postal Service, Post AVELAR, Alfred J. and Department of the Navy, Hunters Point AVERY, Earl L. and Department of the Navy, Cherry Point, N.C. BARBARINO, James J. and Federal Aviation Agency, Jamaica, BARRETT, Cecilie, claiming as widow of Charles E. Barrett and BASHIR, Mohammad and Department of State, USAID, Islamabad, Pakistan BASKERVILLE, Britton and Department of the Navy, New BEDDINGFIELD, Hayward M. and Department of the Navy, BENEDICT, Frederick Michael and Department of Transportation, Federal Aviation Administration, Oakland Air Route Traffic Control Center, Fremont, Calif. BERCHTOLD, Joseph Ersol and Department of the Air Force, BERGANTINO, Leonard D. and Veterans Administration, Outpatient Clinic, San Diego, Calif. BERMANN, Rudolf and Department of Agriculture, Agricultural Research Service, Albany, Calif. BEVERLY, Claud T. and Department of the Navy, Norfolk BINFORD, Maurice L. and Department of the Navy, Puget 'Docket Numbers are assigned on a fiscal year basis. Thus 75-1 was the first case filed in the fiscal year 1975, which commenced July 1, 1974. V BLAINE, Anna M., the widow of Gilbert H. Blaine and Depart- BLOOD, Lisle E. and Department of the Air Force, Travis Air BLUNT, Vernon and Department of the Navy, Norfolk Naval BOGGS, Helen M., claiming as parent-in-law of Charles C. Cole, BOOTH, Daryl E. and Department of the Army, Fort Wainwright, Alaska BRANN, Richard Commodore and Department of the Navy, BROPHY, Nicholas and Department of the Navy, New York BRUNETTE, Joseph H. and Department of the Navy, Military BUNCH, James C. and Department of the Navy, Charleston CALDWELL, Harry E. and Department of the Air Force, Holloman Air Force Base, New Mexico CARTER, Esther A. claiming as widow of Lee J. Carter, and CARTER, Esther A. claiming as widow of Lee J. Carter, and CIRRINCONE, Anthony and Department of the Navy, New York CLARK, Allen Byron and Department of the Army, Office of the 74-157 72 CLARKE, Eric Lloyd and Department of the Army, European 75-164 255 CLARKE, William H. and Department of the Navy, Alameda COLEMAN, James Boyd and Tennessee Valley Authority, Cumberland Steam Plant, Cumberland City, Tenn. 74-130 43 CONNER, John T. and Department of the Navy, Naval Air CONNOLLY, Edward Joseph, Jr. and Department of the Treas- CRUM, Howard W. and Department of the Army, Army Aeronautical Depot, Corpus Christi, Tex. 1 Docket Numbers are assigned on a fiscal year basis. Thus 75-1 was the fsirst case filed in the fiscal year 1975, which commenced July 1, 1974. |