B-131082, JUL. 8, 1958
Highlights
YOU CONTEND THAT DURING THE INVOLVED PERIOD YOU ATTENDED PATIENTS AND ACTUALLY WERE ON DUTY A TOTAL OF 32 HOURS PER WEEK. SUNDAY YOU WOULD HAVE BEEN GUILTY OF NEGLIGENCE OF DUTY AND MALPRACTICE. THE RECORD SHOWS THAT YOU AGREED TO THE PART-TIME EMPLOYMENT WHICH WAS SCHEDULED FOR 19 HOURS A WEEK. - WAS NEVER ADMINISTRATIVELY CONSIDERED AS DUTY AND THE RECORD SHOWS THAT YOU DID NOT AT ANY TIME DURING THE PERIOD OF YOUR PART-TIME EMPLOYMENT INDICATE TO THE MEDICAL DIRECTOR THAT YOU CONSIDERED YOURSELF IN A DUTY STATUS DURING THOSE 13 HOURS. THE RECORD SHOWS YOU REGULARLY ACCEPTED THE COMPENSATION PAYMENTS FOR THE 19 HOURS OF PART-TIME EMPLOYMENT WITHOUT PROTESTING THAT YOU WERE ENTITLED TO AN ADDITIONAL 13 HOURS' COMPENSATION EACH WEEK.
B-131082, JUL. 8, 1958
TO H. CHARLES RUCHE, M.D.:
YOUR LETTER OF JUNE 9, 1958, PROTESTS OUR DECISION OF JUNE 5, 1958, B- 131082, TO YOU, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR COMPENSATION FROM 12 MIDNIGHT SATURDAY TO 1 P.M. SUNDAY--- 13 HOURS--- DURING THE PERIOD SEPTEMBER 1954 TO AUGUST 1955 WHILE EMPLOYED AS A PART- TIME MEDICAL OFFICER SCHEDULED TO WORK A TOTAL OF 19 HOURS PER WEEK.
YOU CONTEND THAT DURING THE INVOLVED PERIOD YOU ATTENDED PATIENTS AND ACTUALLY WERE ON DUTY A TOTAL OF 32 HOURS PER WEEK, INSTEAD OF 19 HOURS, AND THAT IF YOU HAD LEFT THE ARSENAL DURING THAT PERIOD FROM 12 MIDNIGHT SATURDAY TO 1 P.M. SUNDAY YOU WOULD HAVE BEEN GUILTY OF NEGLIGENCE OF DUTY AND MALPRACTICE.
THE RECORD SHOWS THAT YOU AGREED TO THE PART-TIME EMPLOYMENT WHICH WAS SCHEDULED FOR 19 HOURS A WEEK, SATURDAY FROM 4 P.M. TO MIDNIGHT--- 8 HOURS --- AND SUNDAY FROM 1 P.M. TO MIDNIGHT--- 11 HOURS. THE TIME FROM SATURDAY MIDNIGHT TO 1 P.M. SUNDAY--- 13 HOURS--- WAS NEVER ADMINISTRATIVELY CONSIDERED AS DUTY AND THE RECORD SHOWS THAT YOU DID NOT AT ANY TIME DURING THE PERIOD OF YOUR PART-TIME EMPLOYMENT INDICATE TO THE MEDICAL DIRECTOR THAT YOU CONSIDERED YOURSELF IN A DUTY STATUS DURING THOSE 13 HOURS. THE RECORD SHOWS YOU REGULARLY ACCEPTED THE COMPENSATION PAYMENTS FOR THE 19 HOURS OF PART-TIME EMPLOYMENT WITHOUT PROTESTING THAT YOU WERE ENTITLED TO AN ADDITIONAL 13 HOURS' COMPENSATION EACH WEEK.
THE RULE OF OUR OFFICE IS TO ACCEPT FACTS ADMINISTRATIVELY REPORTED RATHER THAN SELF-SERVING STATEMENTS PRESENTED BY A CLAIMANT. THEREFORE,SINCE THERE IS A CONFLICT EXISTING BETWEEN THE INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE AND BY YOU CONCERNING THIS MATTER, WE MUST FOLLOW THE ESTABLISHED RULE OF OUR OFFICE AND THUS ACCEPT THE INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. 16 COMP. GEN. 1105, 1106; 31 ID. 288.
UPON THE PRESENT RECORD OUR DECISIONS OF APRIL 17, 1957, AND JUNE 5, 1958, TO YOU, MUST BE AFFIRMED.