A-14231, JULY 23, 1926, 6 COMP. GEN. 68

A-14231: Jul 23, 1926

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THE PAYMENT OF AN ADDITIONAL ALLOWANCE TO THE STEAMSHIP COMPANY FOR MEDICAL TREATMENT FURNISHED SAID SEAMAN BY THE SHIP'S DOCTOR IS NOT AUTHORIZED. WAS DISALLOWED. IN CLEANING OUT A BILGE WITH HIS HANDS AND THROWING MATERIAL IN A BUCKET WHICH HE WAS HOLDING SPLASHED SOME OF THE REFUSE IN HIS EYES. CUNNARD BEING INCAPACITATED FOR FURTHER SERVICE WAS DISCHARGED BEFORE THE AMERICAN CONSUL WHO ENTERED INTO AN AGREEMENT. PAYMENT IN ACCORDANCE WITH THE AGREEMENT WAS MADE TO CLAIMANT. THE PRESENT CLAIM AMOUNTING TO $69 IS FOR 23 EYE TREATMENTS FURNISHED BY THE SHIP'S DOCTOR TO THE DISABLED SEAMAN WHILE ON BOARD THE STEAMSHIP PRESIDENT POLK DURING THE RETURN VOYAGE. THE RATE OF TRANSPORTATION OF DESTITUTE AMERICAN SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES IS CONTROLLED BY SECTION 4578.

A-14231, JULY 23, 1926, 6 COMP. GEN. 68

SEAMEN, DISABLED AMERICAN - MEDICAL TREATMENT WHERE AN AMERICAN CONSULAR OFFICER CONTRACTED WITH A STEAMSHIP COMPANY FOR THE TRANSPORTATION TO THE UNITED STATES OF A DISABLED AMERICAN SEAMAN AT A STIPULATED RATE UNDER THE PROVISIONS OF SECTION 4578, REVISED STATUTES, AS AMENDED, THE PAYMENT OF AN ADDITIONAL ALLOWANCE TO THE STEAMSHIP COMPANY FOR MEDICAL TREATMENT FURNISHED SAID SEAMAN BY THE SHIP'S DOCTOR IS NOT AUTHORIZED.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 23, 1926:

THE DOLLAR STEAMSHIP LINE APPLIED APRIL 19, 1926, FOR REVIEW OF SETTLEMENT NO. 030550, DATED MARCH 29, 1926, WHEREIN ITS CLAIM IN THE AMOUNT OF $69 FOR MEDICAL SERVICES RENDERED A DESTITUTE AMERICAN SEAMAN DURING THE PERIOD JULY 15 TO 28, 1925, WAS DISALLOWED.

IT APPEARS THAT JOHN CUNNARD, WIPER, UNITED STATES SHIPPING BOARD STEAMSHIP LIBERATOR, OPERATED BY THE PIONEER AMERICAN CO., WHILE AT THE PORT OF SINGAPORE ON MAY 14, 1925, IN CLEANING OUT A BILGE WITH HIS HANDS AND THROWING MATERIAL IN A BUCKET WHICH HE WAS HOLDING SPLASHED SOME OF THE REFUSE IN HIS EYES, RESULTING IN AN INFECTION PREVENTING THE PERFORMANCE OF HIS DUTIES. UPON THE ARRIVAL OF THE VESSEL AT MARSEILLES ABOUT JULY 15, 1925, CUNNARD BEING INCAPACITATED FOR FURTHER SERVICE WAS DISCHARGED BEFORE THE AMERICAN CONSUL WHO ENTERED INTO AN AGREEMENT, CONSULAR FORM NO. 24, WITH THE CLAIMANT FOR THE TRANSPORTATION OF THE DISABLED SEAMAN BACK TO THE UNITED STATES ON THE STEAMSHIP PRESIDENT POLK AT A COST OF $45, AND PAYMENT IN ACCORDANCE WITH THE AGREEMENT WAS MADE TO CLAIMANT.

THE PRESENT CLAIM AMOUNTING TO $69 IS FOR 23 EYE TREATMENTS FURNISHED BY THE SHIP'S DOCTOR TO THE DISABLED SEAMAN WHILE ON BOARD THE STEAMSHIP PRESIDENT POLK DURING THE RETURN VOYAGE.

THE RATE OF TRANSPORTATION OF DESTITUTE AMERICAN SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES IS CONTROLLED BY SECTION 4578, REVISED STATUTES, AS AMENDED BY SECTION 9 OF THE ACT OF JUNE 26, 1884, 23 STAT. 55, SECTION 18 OF THE ACT OF JUNE 9, 1886, 24 STAT. 83, AND THE ACT OF JANUARY 3, 1923, 42 STAT. 1072. THE RATE THUS FIXED, WHEN THE TRANSPORTATION IS BY STEAMSHIP, IS SUCH RATE AS MAY BE AGREED UPON BETWEEN THE CONSULAR OFFICER AND THE MASTER OF THE VESSEL, NOT IN EXCESS OF TWO CENTS PER MILE. COMPENSATION IN ADDITION TO THE LOWEST PASSENGER RATE OR TWO CENTS PER MILE OR LOWER RATE AGREED UPON IS AUTHORIZED IN AN AMOUNT WHICH THE COMPTROLLER GENERAL OF THE UNITED STATES MAY DEEM PROPER WHEN OWING TO THE ILLNESS OR OTHER DISABILITY THE SEAMAN REQUIRES AND RECEIVES SPECIAL CARE AND ATTENTION ON THE VOYAGE.

THE CONSULAR OFFICER'S CERTIFICATE IN THIS CASE, GIVEN TO THE MASTER OF THE VESSEL AT THE TIME THE DISABLED SEAMAN WAS ACCEPTED FOR TRANSPORTING TO THE UNITED STATES, SHOWED THE EXISTENCE AND NATURE OF THE DISABILITY AND IT IS NOT SHOWN THAT THE TREATMENTS FURNISHED ON BOARD OCCASIONED ANY ADDITIONAL EXPENSE TO THE VESSEL. ACCORDINGLY, IT MUST BE HELD THAT NO ALLOWANCE IN ADDITION TO THE AGREED PRICE FOR THE PASSAGE IS AUTHORIZED.