RELEASE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00709R000400070152-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 9, 2016
• Document Release Date: June 5, 2001
• Sequence Number: 152
• Publication Date: November 18, 1948
• Content Type: MEMO

s
vFor Release 2001/09/03: ClA-RDP84-007 R0004000701524
OGC Has ReA
Adat: nib rratIve Officar ediexl: Divisii>n
, t'tir_tlons
Office of the Ce+ctcral Counsel
Release
in view of its rtitiiity.
prahibltion ags.nst -requiring an . d t to er 20t -tte the
release,, it is suggested that ,he :'pra tics be di i' it
that the enclose:d raloose servos any sound purpu8eu9
lth h there s snot appear th be arm' strt of legal
to waive his legal rights to 13e)eK eompsnsation for any
injury resr;l tine from a negliiteant infection.
3. For they reasons given above' it Is not believed
accept in order to continue Mai wo rk q ;ne cannot bey reguAre
1. Brbject release forwarded for' comment by your
mei,orandun of 8 November is returned h1prewith.
2. A Federal employee has recouriie to two paths
of action in the event he to injured ii! the ecurse of
his employment. (It is assumed here teat the employee
1.s required to accept the in jvrtions aye a condition of
his employment attd hence the inoculation is given in the
course of that employment.) He may accept the benefits
provided under the ploy acs' Compensation Act., or, he
may sue tinder the Federal Tort Claims ,Act. At the
present tire' his reaedi#~s are considered to bey elective.
and he i r not entitled to the! benefits' of bath. If he -
chooses the Ccrr:pensatlcvi Act es the vebicle. to-recovery,
the release would be ineffectual in barring:, rec:averY.
As a matter of policy - slthovgh the statute Itself is
silent - the Bureau of -nloyeos' Compensation Commission
does not recognize the ualver. If he 'elects the Tort
Claims Act, a waiver would be void for want of cons1cer--
ation - which would ai!Jo be true under the Compensation
Act. Although the inoculation may be ..considered a aon'_
dition of employment which the employee must presumab3
f?1ncl. 1
Release (.Form 37--3q)
General Counsel:
Approved For Release 2001/09/03 : CIA-RDP84-00'-09
52-4