20 SETTLEMENT FOR ACCIDENTS TO AMERICAN SEAMEN

The bureau has taken each case only on the merits of the records,
many of which may not have shown a period of convalescence which
was actually spent before the seaman could return to work. Probably
 the most difficult record to find was the date the seaman could
resume his duties. Disabilities in which the exact date of return to
work was obscure have been treated only to the last known date of
disability where the seaman was about able to resume work when
discharged from the hospital, while others not so definite were rejected
entirely.
As already stated, the records of facts concerning injured seamen
are to a large extent fragmentary. Many cases. appearing to be
relevant were scheduled at the primary sources—the shipowners’ and
the underwriters’ records. Additional information from other sources
showed that 786 cases, or approximately 40 per cent of the cases
covered at the primary sources, could not be used. Two hundred
and eight of the 786 rejected cases could have been used had the
bureau been able to obtain complete information in each case. One
hundred and forty-eight of the 208 cases were injury cases, 28 death
cases, 11 were cases in which no time was lost buf a money settlement
 was made, 5 cases were unproved injury, and 16 were false
claims which were settled for small sums by the shipowner or underwriter
 rather than pay legal fees necessary in the case of litigation.
In 96 of the 148 injury cases no claims were filed and no money
was paid. In 24 the claims totaled $205,759, but were settled with
no payments, and in the other 28 cases the claims totaled $56,208.63
and were settled for $11,927.09.
In 15 of the 28 death cases no claims were filed. A gratuity of $500
was paid in one of the 15 cases. The claims in the other 13 cases
totaled $256,450 and were settled for $22,800.
In 175 cases no time was lost by the injured seaman and sll were
very minor injuries. There was no claim filed in 154 of them. In
10 cases claims totaled $33,787.50 but were settled with no money payments.
 In the other 11 cases the claims totaled $81,963.27 and were
settled for $3,921.27.
Four claims amounting to $90,000 were found to have been appealed
to a higher court which had not yet rendered judgment and they
were therefore rejected.
Two injuries were found to have arisen “in the course of” but not
“out of the employment.”
Thirty cases were found probably due to willful misconduct. No
claims were filed in any of these. They were of three types: Intoxication,
 venereal diseases, and aggressors in fights. Because of the
doubtful nature of these cases with no proof one way or the other,
the bureau thought it best not to include them in the report.
Ten cases were rejected because the alleged injury was not proved,
although it possibly existed. No records could be found in any of
them to support the allegation. In five no claims were filed. In the
other five the claims amounted to $35,355 and were settled for $205.
Twenty-nine claims after thorough investigation were found to be
false. In some of these the ship's articles, the pay rolls, and the shipping
 commissioner’s records for the voyage upon which the accidents
causing injury were alleged to have occurred gave no evidence of the
plaintiff having been employed in any capacity. Thirteen of these
claims amounted to $121,000, but were settled with no money pay-