Hugo Black

“ A prisoner injured in prison industry work gets no compensation under the plan until he is released and none then if he has completely recovered. Furthermore, his payments stop if he is reincarcerated. If he dies while in prison, he gets nothing at all. On the other hand, if a prisoner is injured by the negligence of a prison guard and is not covered by the § 4126 plan, he may sue and recover under the Tort Claims Act. Recovery is his and when he gets it, he keeps it whether or not he dies before his prison term expires and whether or not he is released and then again imprisoned. ”

“ Until Congress decides differently we accept the prison compensation law as an adequate substitute for a system of recovery by common-law torts.
The court below was of the opinion that its holding was required by United states v. Muniz, 374 U.S. 150, 83 S.Ct. 1850, 10 L.Ed.2d 805. We think not. Whether a prisoner covered by the prison compensation law could also recover under the Federal Tort Claims Act was neither an issue in nor decided by Muniz. As our opinion in Muniz noted, neither of the two prisoners there was covered by the prison compensation law. ”

“ Compensation is paid only upon the inmate's release from prison and will be denied if full recovery occurs while he is in custody and no significant disability remains after his release. There is no provision for the claimant to have a personal physician present at his physical examination, and there is no opportunity for administrative review. ”