66* * * He [William F. Thomas] sustained a skull fracture of the left side of his head about 8 months ago. He is now suffering from impairment of hearing in his left ear and some vertigo. "The examination reveals a rather severe conductive type deafness in the left ear. Bone conduction on this side is not impaired, indicating that the auditory nerve was not damaged. Also the vestibular test is normal, further indicating that the nerve was not damaged. Examination shows that there has been damage done to the middle ear. There are middle ear adhesions present in the left ear as a result of the old injury, and these are causing the deafness. Apparently the fracture of the skull passed through the middle ear. I feel that Mr. Thomas' hearing can be helped by Eustachian inflations but that he will never have entirely normal hearing in this ear again. I am doubtful that the vertigo is related to his ear, however, after treatment today he seemed to think it was a little improved." On September 6, 1944, Capt. Louis C. Kossuth, Medical Corps, United States Army, made the following report of the examination of Mr. Thomas at the Army Air Force regional station hospital, AAF Tactical Center, Orlando, Fla.: "A well-developed and well-nourished 43-year-old white male in no acute distress. "Blood pressure: 124/78. "Pulse rate: 80. "Respiration: 16. "Examination of the head reveals no depressions or abnormal protuberances. "Pupils are equal, regular, and react to light. "No e reveals septum deviated to the right with a mucopurulent discharge in the right middle meatus. "Mouth and throat: Normal. "Ears: His right ear appears normal. His left ear reveals a retracted scarred ear drum. "Neck: Normal. "Chest: Normal mobility, normal shape and no evidence of old fractured ribs. Chest is resonant to percussion and the lungs are clear to auscultation. "Heart and blood vessels: Normal to palpitation, percussion, and auscultation. "Abdomen: No masses or tenderness, no hernia. "Genitals: Normal. "Anal examination reveals minimal hemorrhoidal skin tags. "Extremities: Normal. There is no evidence of impaired motion or strength of previously fractured right arm. "Spine: Normal. "Nervous system: Reflexes are in order and normal. Coordination and sensory perceptions are normal except for ears. "Auditory examination reveals bilateral defective hearing of the so-called nerve type. There is marked hearing loss of the left ear through all ranges and there is slight hearing loss of the right ear in the ordinary conversational range but marked loss hearing of right ear above 4096 frequency. "PSYCHOLOGICAL EXAMINATION "The patient was unconscious immediately after the accident occurred and at first had amnesia of the accident. However, he has now recovered his memory up to the moment of impact. He was in the hospital at Tampa unconscious for 14 days and suffering from multiple skull fractures, compound fracture of left humerus, multiple rib fractures, and numerous contusions and abrasions. He was then transferred to Orange General Hospital, Orlando, Fla. * * * "Since leaving Orange General Hospital after approximately 2 months' hospitalization, the patient has had several examinations in reference to his hearing loss and his personality changes. He states that he is more irritable than he was prior to the accident and that he tires more easily. He states that his reserve energy has been depleted and that where in the past he could work 16 hours or more, if necessary, he is now unable to do more than about 4 hours' continuous work without a marked tired feeling. * * * He is markedly conscious of his hearing loss in his left ear and feels that it is the aggravation from this loss that causes his irritability. "Mr. Thomas has used his ears to a marked degree in his profession, paying particular attention to the sound of the vibration that is made in an operating X-ray apparatus. He states that since the accident he is unable to hear this vibration as well and in many cases to locate it exactly. He states that the reason he changed his employment from that of X-ray engineer to that of selling X-ray apparatus is because of his hearing loss. * * * "Prior to this accident Mr. Thomas was a meticulous, driving, hard-working type of individual. Since this accident, Mr. Thomas has felt some impairment of his self-confidence and has been acutely aware of his hearing loss. With his previous-type personality and his present hearing loss, it is felt that his irritability, is nervousness are not due to a post concussion syndrome but to the hearing loss. This is considered a fairly normal reaction to such a hearing loss and it is felt that the prognosis for the return of his previous personality is fairly good. "X-RAY REPORT "X-ray films of the skull and the right humerus reveal healed fracture of the distal right humerus with good alinement and healing fracture of left temporal bone. "IMPRESSION "1. The hearing loss, bilaterally, more marked on left, as shown on the audiogram, is of a type and degree that could be expected to occur following such an accident. "2. The fracture of the humerus is well healed and there is no evidence of disability due to this injury. "3. The old skull fracture is still shown by X-ray and is not completely healed at this time. "4. Moderate personality changes, secondary to hearing loss." On February 15, 1946, Dr. J. G. Lyerly, 514 Greenleaf Building, Jacksonville, Fla., submitted the following report of an examination of Mr. Thomas in St. Lukes Hospital, Jacksonville, in February 1946: "I would like to report that Mr. William F. Thomas was admitted to St. Lukes Hospital on February 8, 1946, for the encephalogram which had been recommended. The encephalogram was done on February 9, 1946. "The spinal fluid was clear and colorless. Pressure was 220 mm. water which I think is within normal limits. A total of 200 cc. represented a complete replacement of spinal fluid by air and oxygen. This is an unusually large amount and frequently means degenerative brain pathology. The cell count was 0. Protein 31 mg. percent Kahn was negative. Likewise, the blood Kahn was negative. The encephalogram showed symmetrically enlarged ventricles of the entire system. The cortical subarachnoid pathways over the surface of the brain were partially obliterated and in some places they were enlarged which is suggestive of brain atrophy. "It is my impression that the patient has had increased intracranial pressure, probably communicating hydrocephalus, resulting from the severe brain injury and subarachnoid hemorrhage associated with fracture of the skull. I see no need for surgery for this condition as it has already been arrested and his condition is stationary. It is probable that complete drainage of the fluid will be of therapeutic advantage and the patient's condition will be improved, at least for a while. "It would be my recommendation that he be under medical supervision from time to time, preferably by Dr. Sullivan G. Bedell. "He was discharged from the hospital February 13, 1946." In the early part of March 1948, Mr. Thomas was examined by Capt. Walter L. Johnson, Capt. Robert W. Harger and Capt. Eugene R. Kutz, Army medical officers, at the station hospital, Orlando Air Force Base, Orlando, Fla. The report of their examination, dated March 9, 1948, states that Mr. Thomas' hearing is normal (15/15 in each ear), and that the size and contour of his heart and great vessels are within normal limits. The report further states: "Neurological examination is entirely normal with the exception of an area of anesthesia extending from the middle of the upper lip to a point approximately 7 cm. to the right. X-ray of the skull reveals no abnormalities. Patient states that since the time of the accident he has been subject to frequent episodes of depression, lacks entirely the ability to concentrate and, as a result, is unable to engage in any gainful occupation. He impresses one as an alert, intelligent, and well-adjusted individual. "Due to lack of qualified neuropsychiatrists at this station, it is strongly recommended that Mr. Thomas be examined further by a specialist in that field." It appears that Mrs. William F. (Helen) Thomas only received minor personal Injuries in this accident, which have resulted in no permanent disability. The records of the Department of the Army show that on July 19, 1944, Mrs. Thomas filed a claim with the military authorities in the field for property damage and personal injuries sustained by her in the aforesaid accident of August 2, 1943, in the aggregate amount of $397.34. After careful consideration it was determined that the damage sustained by Mrs. Thomas as the result of this accident amounted to the sum of $284.34 ($25 for property damage; and $259.34 for medical and hospital expenses actually incurred). The claim was considered by an officer on the staff of the commanding officer, Warner Robins Air Technical Service Command, Robins Field, Ga., acting under appropriate delegated authority, under the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), as amended, who held that this accident and the damage caused thereby were not caused by any fault or negligence on the part of Mrs. Thomas but resulted solely from the negligence of the driver of the Army vehicle which crossed the center line of the road and forced the car which Mrs. Thomas was driving partly off of the pavement of the highway. The claim was approved on June 25, 1945, in the amount of $284.34 under the provisions of the act of July 3, 1943, supra, provided that Mrs. Thomas would agree to accept that amount in full satisfaction and final settlement of her claim against the Government. On June 28, 1945, Mrs. Thomas filed an acceptance agreement, duly executed by her, in which she agreed to accept the sum of $284.34 in final settlement of the claim, and that amount has been paid to her. The Department of the Army has been unable to ascertain the amount of the medical and hospital expenses incurred by Mr. Thomas as the result of his injury in the accident of August 2, 1943. In a statement dated April 28, 1945, Mr. Thomas said: "I was covered by workmen's compensation insurance, carried with Travelers Insurance Co. and at the expense of Westinghouse [Westinghouse Electric & Manufacturing Co., the claimant's employer]. "My entire hospital, doctor, nurse, and medical expense was paid by Travelers. * * * "None of the claim for loss of wages and permanent disability claimed by me has been paid by insurance or anyone else." The records of the Department of the Army show that Mr. Thomas was 42 years of age at the time of his injury on August 2, 1943, and that his wife, Mrs. Helen Thomas, age 38, and three minor children, Alice Josephine Thomas, 10 years of age; Richard Franklin Thomas, 9 years of age; and Margaret Elizabeth Thomas, 8 years of age; were dependent upon him for their support. At the time of this accident Mr. Thomas was employed by the Westinghouse Electric & Manufacturing Co., Atlanta, Ga., as an X-ray engineer. In this position he was required to travel over the State of Florida to inspect the operation of X-ray equipment, to make repairs when necessary, and to instruct persons using X-ray equipment in the technique of the use of such equipment. He was paid a salary of $250 per month and all traveling expenses. It appears that by reason of his injury in this accident Mr. Thomas was totally incapacitated for a period of approximately 3 months following the accident. It further appears that by reason of the serious head injuries received by Mr. Thomas in this accident and the resulting damage to his hearing he was unable to return to his work as an X-ray engineer, but was only able to engage in the selling of X-ray apparatus in a limited capacity. In an affidavit executed on September 7, 1944, Mr. Thomas stated that by reason of the injuries sustained by him in this accident and the disabilities caused thereby, he could no longer perform the work in his employment with the Westinghouse Electric & Manufacturing Co. and was thereby compelled to resign his position with that company on May 1, 1944, and that he was unable to perform any work thereafter until July 1, 1944. The Department is not informed as to what employment Mr. Thomas is now engaged in, if any, or the total amount of earnings lost by him as the result of his injury on August 2, 1943. The evidence in this case fairly establishes that this accident and the resulting injury of Mr. William F. Thomas were not caused by any fault or negligence on his part or on the part of his wife, who was driving the automobile in which he was riding as a passenger, but were caused solely by the negligence of the driver of an Army vehicle in crossing the center line of the road and forcing the automobile operated by Mrs. Thomas partly off the pavement of the road. Under the circumstances it is the view of the Department of the Army that Mr. Thomas should be compensated in a reasonable amount for the damages sustained by him as a result of his injury in this accident. The proposed award of $15,000 stated in S. 1059 appears to be somewhat excessive. Considering the age and occupation of Mr. Thomas at the time of this accident, the serious nature of the injuries sustained by him, which have resulted in a large degree of permanent disability. the pain and suffering undergone by him, the fact that his injuries prevent him from following his occupation of X-ray engineer, the possibility that he may suffer still further impairment of his health and earning capacity by reason of his injuries and be required to undergo still further medical and hospital treatment, and the number of persons dependent upon him for support, three of whom are minor children, it is the view of the Department of the Army that an award in an amount not exceeding $10,000 would constitute a fair and reasonable settlement for all of the damages sustained by Mr. Thomas as the result of this accident. The Department, accordingly, would have no objection to the enactment of this bill if it should be so amended as to provide for an award to the claimant in an amount not exceeding $10,000. The claimant has no remedy under the Federal Tort Claims Act (60 Stat. 842; 28 U. S. C. 921) for the reason that the accident in which he was injured occurred prior to January 1, 1945. Sincerely yours, KENNETH C. ROYALL, MARCH 16 (legislative day, FEBRUARY 21), 1949.-Ordered to be printed Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 749] The Committee on the Judiciary, to whom was referred the bill (S. 749) for the relief of Ferd H. Gibler, having considered the same, do now report the bill to the Senate favorably without amendment and recommend that the bill do pass. STATEMENT Attached hereto and made a part of this report are letters from the Department of Justice and the Post Office Department, as well as an affidavit of the claimant. MARCH 22, 1948. Hon. ALEXANDER WILEY, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 1738) for the relief of Ferd H. Gibler. The bill would authorize and direct the Comptroller General to credit the accounts of Ferd H. Gibler, postmaster at Freeport, Ill., in the sum of $9,912.28, representing the balance due the United States on account of the embezzlement of post-office funds by Harry J. Seachrist, former assistant postmaster at this post office. At your request, a report was obtained from the Post Office Department concerning this legislation. That report, which is enclosed, includes all of the available information relating to the embezzlement and points out that Mr. Gibler not only failed to require the maintenance of proper records in his office, but also misplaced or lost one of the surety bonds covering Mr. Seachrist. The report further states that, while this negligence obviously facilitated the embezzlement, subsequent investigation did not disclose that Mr. Gibler received any of the funds embezzled. Accordingly, the Post Office Department states it will interpose no objection to the enactment of the bill, if it be the judgment of the Congress 1 |