A-10803, OCTOBER 29, 1925, 5 COMP. GEN. 301
Highlights
HOSPITAL SERVICES AND SUPPLIES IS CONFINED TO SERVICES AND SUPPLIES ORDINARILY FURNISHED BY PHYSICIANS OR HOSPITALS. THE COST OF SUCH APPLIANCES AND EXPENSES ENTAILED IN THEIR PROCUREMENT ARE NOT PAYABLE FROM PUBLIC FUNDS. 1925: THERE IS FOR CONSIDERATION THE REQUEST OF A. THERE BEING NOTHING TO INDICATE IN THE ACCOUNTS BUT THAT THE PARTIES WERE EMPLOYEES OF THE COMMISSION. IN SUPPORT OF THE REQUEST FOR REVIEW IT IS REPORTED THAT THE TWO PARTIES REIMBURSED FOR SUBSISTENCE EXPENSES WERE NOT EMPLOYEES BUT BENEFICIARIES OF THE COMMISSION. IT IS STATED THAT THE TRAVELING EXPENSES WERE PAID UNDER THE PROVISIONS OF SECTION 9 OF THE ACT OF SEPTEMBER 7. THE SUBSISTENCE ITEMS IN QUESTION BEING INCURRED IN NEW YORK WHILE AWAITING THE FITTING OR ADJUSTING OF THE EYE WHICH WAS MADE TO ORDER.
A-10803, OCTOBER 29, 1925, 5 COMP. GEN. 301
MEDICAL TREATMENT, PROSTHETIC APPLIANCES - EMPLOYEES' COMPENSATION COMMISSION BENEFICIARIES THE AUTHORITY IN THE EMPLOYEES' COMPENSATION ACT TO FURNISH REASONABLE MEDICAL, SURGICAL, AND HOSPITAL SERVICES AND SUPPLIES IS CONFINED TO SERVICES AND SUPPLIES ORDINARILY FURNISHED BY PHYSICIANS OR HOSPITALS, SUCH AS MEDICINES AND SURGICAL DRESSINGS, AND DOES NOT INCLUDE ARTIFICIAL EYES, ARMS, OR OTHER PROSTHETIC APPLIANCES. THE COST OF SUCH APPLIANCES AND EXPENSES ENTAILED IN THEIR PROCUREMENT ARE NOT PAYABLE FROM PUBLIC FUNDS.
DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 29, 1925:
THERE IS FOR CONSIDERATION THE REQUEST OF A. H. GARDES, CHIEF OF ACCOUNTS AND DISBURSING OFFICER, UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, FOR REVIEW OF SETTLEMENT C-25516-MS. DISALLOWING IN HIS ACCOUNTS FOR THE PERIOD OCTOBER 1 TO DECEMBER 31, 1924, CREDIT FOR AMOUNTS IN EXCESS OF $5 PER DAY PAID OTTO R. GROSSE AND SMITH DE FRANCE AS REIMBURSEMENT FOR SUBSISTENCE EXPENSES, THERE BEING NOTHING TO INDICATE IN THE ACCOUNTS BUT THAT THE PARTIES WERE EMPLOYEES OF THE COMMISSION.
IN SUPPORT OF THE REQUEST FOR REVIEW IT IS REPORTED THAT THE TWO PARTIES REIMBURSED FOR SUBSISTENCE EXPENSES WERE NOT EMPLOYEES BUT BENEFICIARIES OF THE COMMISSION, AND IT IS STATED THAT THE TRAVELING EXPENSES WERE PAID UNDER THE PROVISIONS OF SECTION 9 OF THE ACT OF SEPTEMBER 7, 1916, 39 STAT. 742.
THE VOUCHERS SUBMITTED BY THE TWO BENEFICIARIES DISCLOSE THAT ONE TRAVELED FROM THE WALTER REED HOSPITAL, WASHINGTON, D.C., TO NEW YORK CITY AND RETURN FOR THE PURPOSE OF PROCURING AN ARTIFICIAL EYE, THE SUBSISTENCE ITEMS IN QUESTION BEING INCURRED IN NEW YORK WHILE AWAITING THE FITTING OR ADJUSTING OF THE EYE WHICH WAS MADE TO ORDER. THE SECOND BENEFICIARY TRAVELED FROM DOVER, N.J., TO NEW YORK CITY TO HAVE AN ARTIFICIAL LIMB FITTED, AND THE SUBSISTENCE ITEMS WERE INCURRED WHILE AWAITING THE FITTING OF THE LIMB. THE FACT THAT THE SOLE PURPOSE OF THE TRIPS IN THESE TWO CASES WAS TO OBTAIN THE PROSTHETIC APPLIANCES RAISES THE QUESTION OF THE AUTHORITY OF THE EMPLOYEES' COMPENSATION COMMISSION TO FURNISH SUCH APPLIANCES.
SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT OF SEPTEMBER 7, 1916, 39 STAT. 742, 743, PROVIDES, IN ADDITION TO THE DISABILITY COMPENSATION OTHERWISE PROVIDED UNDER SAID ACT, THAT---
* * * THE UNITED STATES SHALL FURNISH TO SUCH EMPLOYEE REASONABLE MEDICAL, SURGICAL, AND HOSPITAL SERVICES AND SUPPLIES * * *.
SUCH SERVICES AND SUPPLIES ARE REQUIRED TO BE FURNISHED BY "UNITED STATES MEDICAL OFFICERS AND HOSPITALS," OR WHEN THIS IS NOT PRACTICABLE, BY "PRIVATE PHYSICIANS AND HOSPITALS DESIGNATED OR APPROVED BY THE COMMISSION.'
SAID SECTION ALSO PROVIDES:
* * * IF NECESSARY FOR THE SECURING OF PROPER MEDICAL, SURGICAL, AND HOSPITAL TREATMENT, THE EMPLOYEE, IN THE DISCRETION OF THE COMMISSION, MAY BE FURNISHED TRANSPORTATION AT THE EXPENSE OF THE EMPLOYEES' COMPENSATION FUND.
SINCE THE LAW PROVIDES THAT THE SUPPLIES AUTHORIZED TO BE FURNISHED ARE TO BE FURNISHED BY ,UNITED STATES MEDICAL OFFICERS AND HOSPITALS" OR "PRIVATE PHYSICIANS AND HOSPITALS DESIGNATED OR APPROVED BY THE COMMISSION," IT MUST BE HELD THAT THE TERM "SUPPLIES" AS USED IN THE STATUTE INCLUDES ONLY THOSE ORDINARILY FURNISHED BY PHYSICIANS OR HOSPITALS, SUCH AS MEDICINES AND SURGICAL DRESSINGS. ARTIFICIAL EYES AND LIMBS, OR OTHER PROSTHETIC APPLIANCES, ARE NOT ORDINARILY FURNISHED BY PHYSICIANS OR HOSPITALS BUT ARE PROCURED FROM THOSE WHO MAKE A SPECIALTY OF THE MANUFACTURE AND FITTING OF SUCH APPLIANCES. IT WILL THUS BE SEEN THAT THERE IS NO AUTHORITY IN THE EMPLOYEES' COMPENSATION ACT FOR FURNISHING PROSTHETIC APPLIANCES, SUCH AS ARTIFICIAL EYES AND LIMBS, TO DISABLED GOVERNMENT EMPLOYEES. NEITHER CAN THE FITTING OF SUCH APPLIANCES BE REGARDED AS "PROPER MEDICAL, SURGICAL, AND HOSPITAL TREATMENT" WITHIN THE MEANING OF THE PROVISIONS HEREINBEFORE QUOTED. THEREFORE THE EXPENSES INCIDENT TO THE TWO TRIPS IN QUESTION, INCLUDING THE COST OF THE APPLIANCES, WERE IMPROPERLY PAID FROM PUBLIC FUNDS.
UPON REVIEW, IN LIEU OF THE DISALLOWANCES OF $0.40 AND $3.50, RESPECTIVELY, IN THE ORIGINAL SETTLEMENT, CREDIT WILL BE DISALLOWED IN THE DISBURSING OFFICER'S ACCOUNTS FOR THE ENTIRE AMOUNT OF $27.61 PAID TO SMITH DE FRANCE AND $20.44 PAID TO OTTO R. GROSSE ON THE TWO VOUCHERS INVOLVED.