A-12244, APRIL 3, 1926, 5 COMP. GEN. 791

A-12244: Apr 3, 1926

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SICK IN HOSPITAL - CIVILIAN EMPLOYEE OF ARMY ON DUTY IN CANAL ZONE WHERE A CIVILIAN EMPLOYEE OF THE QUARTERMASTER CORPS OF THE ARMY ON DUTY IN THE CANAL ZONE WAS ADMITTED TO A PANAMA CANAL HOSPITAL "UPON THE REQUEST OF PROPER MILITARY AUTHORITY. " THE CHARGES FOR HIS SUBSISTENCE WHILE UNDER TREATMENT IN SAID HOSPITAL ARE PAYABLE TO THE PANAMA CANAL OUT OF APPROPRIATIONS FOR SUBSISTENCE FOR THE ARMY. REGARDLESS OF WHETHER SAID EMPLOYEE WAS ENTITLED TO SUBSISTENCE AT PUBLIC EXPENSE. THE SAID ALLEN WAS EMPLOYED AS A TEMPORARY LABORER. WHICH PROJECT WAS FOR CONSTRUCTION BY THE PURCHASE AND HIRE METHOD. HE WAS INJURED BY BEING STRUCK. BEFORE THE QUARTERMASTER OFFICE WAS NOTIFIED OF HIS INJURY.

A-12244, APRIL 3, 1926, 5 COMP. GEN. 791

SUBSISTENCE, SICK IN HOSPITAL - CIVILIAN EMPLOYEE OF ARMY ON DUTY IN CANAL ZONE WHERE A CIVILIAN EMPLOYEE OF THE QUARTERMASTER CORPS OF THE ARMY ON DUTY IN THE CANAL ZONE WAS ADMITTED TO A PANAMA CANAL HOSPITAL "UPON THE REQUEST OF PROPER MILITARY AUTHORITY," THE CHARGES FOR HIS SUBSISTENCE WHILE UNDER TREATMENT IN SAID HOSPITAL ARE PAYABLE TO THE PANAMA CANAL OUT OF APPROPRIATIONS FOR SUBSISTENCE FOR THE ARMY, UNDER THE PROVISION FOR HOSPITAL CARE, CANAL ZONE GARRISONS, REGARDLESS OF WHETHER SAID EMPLOYEE WAS ENTITLED TO SUBSISTENCE AT PUBLIC EXPENSE.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 3, 1926:

REVIEW HAS BEEN REQUESTED OF SETTLEMENT NO. 013222, DATED NOVEMBER 11, 1925, DISALLOWING CLAIM OF THE PANAMA CANAL FOR $95.17 FOR SUBSISTENCE FURNISHED SAMUEL ALLEN, CIVILIAN EMPLOYEE, UNITED STATES ARMY, QUARTERMASTER CORPS, WHILE UNDER TREATMENT IN ANCON HOSPITAL, DECEMBER 19, 1924, TO JULY 13, 1925.

ACCORDING TO REPORTS OF THE DEPARTMENT QUARTERMASTER, THE SAID ALLEN WAS EMPLOYED AS A TEMPORARY LABORER, AT 19 CENTS PER HOUR, IN CONNECTION WITH THE CONSTRUCTION OF FOUR COTTAGES AT COROZAL, CANAL ZONE, RELATIVE TO THE FORT DAVIS SECONDARY STORAGE PROJECT, WHICH PROJECT WAS FOR CONSTRUCTION BY THE PURCHASE AND HIRE METHOD; THAT ON DECEMBER 19, 1924, WHILE WALKING ON THE GAILLARD HIGHWAY, ON HIS WAY TO WORK AT COROZAL, HE WAS INJURED BY BEING STRUCK, AT 5.45 A.M., BY A FORD JITNEY, AT A POINT ON SAID HIGHWAY OPPOSITE THE ROAD ENTERING INTO THE BALBOA FLYING FIELD (ALL BROOK FIELD) AND ABOUT THREE-QUARTERS OF A MILE DISTANT FROM HIS PLACE OF WORK; THAT FOR TREATMENT, BUT BEFORE THE QUARTERMASTER OFFICE WAS NOTIFIED OF HIS INJURY, HE "WAS ADMITTED TO THE ANCON HOSPITAL AS A PUBLIC CASE, DUE TO NOT BEING INJURED ON ANY ARMY RESERVATION OR IN LINE OF DUTY; " AND THAT THE DRIVER OF THE JITNEY WAS TRIED AND CONVICTED IN THE ANCON COURT "FOR THE E.'

IT APPEARS THAT ALLEN WAS DISCHARGED FROM THE HOSPITAL JULY 13, 1925, AND UNDER DATE OF SEPTEMBER 23, 1925, THE DEPARTMENT QUARTERMASTER REPORTED TO THE QUARTERMASTER GENERAL THAT ALLEN'S SERVICES WOULD HAVE BEEN REQUIRED FOR ABOUT 90 DAYS FROM DATE OF HIRE AND THAT NEITHER DID HE RETURN TO WORK SINCE THE DATE OF INJURY NOR WAS HE CARRIED ON THE TIME BOOK OF THE OFFICE.

PAYMENT OF THE MONTHLY HOSPITAL BILLS FOR ALLEN'S SUBSISTENCE, AGGREGATING $95.17, RENDERED TO THE QUARTERMASTER, COROZAL, CANAL ZONE, WAS DECLINED BY THE WAR DEPARTMENT ON THE GROUND THAT THEY WERE NOT A PROPER CHARGE AGAINST ARMY APPROPRIATIONS, AND THE CLAIM WAS REFERRED TO THIS OFFICE FOR DIRECT SETTLEMENT.

THE ACT OF JUNE 7, 1924, MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDED JUNE 30, 1925, AND FOR OTHER PURPOSES, PROVIDES UNDER THE CAPTION "HOSPITAL CARE, CANAL ZONE GARRISONS" (43 STAT. 494):

FOR PAYING THE PANAMA CANAL SUCH REASONABLE CHARGES, EXCLUSIVE OF SUBSISTENCE, AS MAY BE APPROVED BY THE SECRETARY OF WAR FOR CARING IN ITS HOSPITALS FOR OFFICERS, ENLISTED MEN, MILITARY PRISONERS, AND CIVILIAN EMPLOYEES OF THE ARMY ADMITTED THERETO UPON THE REQUEST OF PROPER MILITARY AUTHORITY, $35,000: PROVIDED, THAT THE SUBSISTENCE OF THE SAID PATIENTS, EXCEPT COMMISSIONED OFFICERS, SHALL BE PAID TO SAID HOSPITALS OUT OF THE APPROPRIATION FOR SUBSISTENCE OF THE ARMY AT THE RATES PROVIDED THEREIN FOR COMMUTATION OF RATIONS FOR ENLISTED PATIENTS IN GENERAL HOSPITALS.

LIKE PROVISION HAS BEEN MADE ANNUALLY FOR A NUMBER OF YEARS, INCLUDING THE FISCAL YEAR 1926 (SEE 43 STAT. 909), DIFFERING ONLY AS TO THE AMOUNT APPROPRIATED.

THE EFFECT OF THIS PROVISION OF LAW IS TO AUTHORIZE DIRECT PAYMENT TO THE PANAMA CANAL OUT OF THE APPROPRIATION FOR SUBSISTENCE OF THE ARMY, THE SUBSISTENCE ALLOWANCE THEREIN AUTHORIZED, FOR ALL ENLISTED MEN, MILITARY PRISONERS, AND CIVILIAN EMPLOYEES ADMITTED UPON THE REQUEST OF PROPER MILITARY AUTHORITY, IRRESPECTIVE OF WHETHER THE INDIVIDUAL IS OR IS NOT ENTITLED IN HIS OWN RIGHT TO BE FURNISHED SUBSISTENCE WITHOUT CHARGE. DECISION OF AUGUST 5, 1925, A-10378, TO CAPT. G. Z. ECKELS, FINANCE DEPARTMENT, UNITED STATES ARMY.

ARMY REGULATIONS, PARAGRAPH 1212, PROVIDE THAT THE RATION OF AN ENLISTED MAN WHILE A PATIENT IN A HOSPITAL, DISPENSARY, HOSPITAL STATION, HOSPITAL SHIP, ARMY TRANSPORT, HOSPITAL TRAIN, OR CONVALESCENT CAMP PERTAINING TO THE ARMY, WILL BE COMMUTED AS FOLLOWS:

AT ESTABLISHMENTS MAINTAINED FOR THE TREATMENT OF TUBERCULOSIS PATIENTS, AT THE ACTUAL COST OF THE RATION PLUS 100 PERCENT; AT GENERAL HOSPITALS FOR ALL CASES OTHER THAN TUBERCULOSIS, AT THE ACTUAL COST OF THE RATION PLUS 85 PERCENT, AND FOR TUBERCULOSIS CASES AT THE ACTUAL COST OF THE RATION PLUS 100 PERCENT; AND AT ANY OF THE OTHER ESTABLISHMENTS MENTIONED ABOVE, AT THE ACTUAL COST OF THE RATION PLUS 50 PERCENT. THE TERM RATION, AS USED IN THIS SUBPARAGRAPH, REFERS TO THE ,GARRISON RATION" UNLESS OTHERWISE DIRECTED BY THE PROPER AUTHORITY IN TIME OF WAR. (WAR DEPARTMENT CIRCULAR NO. 87, DATED DECEMBER 28, 1923.)

THE SUBSISTENCE CHARGES IN THE INSTANT CASE ARE BASED ON ACTUAL COST OF RATION PLUS 50 PERCENT, REFERENCE BEING MADE TO SAID WAR DEPARTMENT CIRCULAR NO. 87.

AS EVIDENCE THAT ALLEN WAS ADMITTED TO THE HOSPITAL AT ANCON "UPON THE REQUEST OF PROPER MILITARY AUTHORITY," AND THEREFORE IN SUPPORT OF ITS CONTENTION THAT THE CHARGES IN QUESTION ARE PROPER CHARGES AGAINST ARMY APPROPRIATIONS FOR SUBSISTENCE, THERE HAS BEEN SUBMITTED ON BEHALF OF THE PANAMA CANAL A CERTIFIED COPY OF "ADMISSION SLIP" GIVING DATA AS FOLLOWS:

SAMUEL ALLEN, CIVILIAN EMPLOYEE, CONSTRUCTION Q.M. AGE 66 YEARS. RACE C, NATIVITY, BARBADOS. DATE OF ADMISSION, DECEMBER 19, 1924. CAUSE OF ADMISSION TO SURGICAL CLINIC, ANCON HOSPITAL, FRACTURE, TIBIA AND FIBULA, RIGHT. TO BE ADMITTED. NAME OF HOSPITAL, STATION HOSPITAL, U.S. ARMY, COROZAL, C.Z.

IN THIS CONNECTION IT IS NOTED THAT THE FINANCE OFFICER, PANAMA CANAL DEPARTMENT, IN LETTER DATED JANUARY 16, 1925, TO THE QUARTERMASTER IN REGARD TO SUBSISTENCE CHARGES AGAINST ALLEN, STATED IT WAS UNDERSTOOD THAT HE WAS COMMITTED TO THE HOSPITAL UNDER THE DIRECTION OF THE STATION HOSPITAL, COROZAL, C.Z.

IN THE ABSENCE OF ANY SHOWING OR CONTENTION BY THE WAR DEPARTMENT TO THE CONTRARY, IT IS ASSUMED FROM THE RECORD BEFORE THIS OFFICE THAT ALLEN WAS ADMITTED TO THE ANCON HOSPITAL UPON THE REQUEST OF PROPER MILITARY AUTHORITY. THEREFORE THE CHARGES IN QUESTION APPEAR TO BE PROPER CHARGES AGAINST ARMY APPROPRIATIONS FOR SUBSISTENCE.

ACCORDINGLY, UPON REVIEW, THERE IS CERTIFIED DUE THE PANAMA CANAL $95.17 ($88.79 PLUS $6.38 PAYABLE, RESPECTIVELY, FROM SUCH APPROPRIATIONS FOR THE FISCAL YEARS 1925 AND 1926).