A-14486, JUNE 4, 1926, 5 COMP. GEN. 959

A-14486: Jun 4, 1926

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PROVIDING FOR THE CONTINUANCE OF PAY AND ALLOWANCES TO OFFICERS OF THE RESERVE CORPS FOR THE PERIOD THEY ARE IN THE HOSPITAL UNDERGOING TREATMENT AFTER RELIEF FROM ACTIVE DUTY. IS LIMITED TO INJURY IN LINE OF DUTY AND HAS NO APPLICATION TO DISABILITIES NOT THE DIRECT RESULT OF AN INJURY. WHEREIN WAS DISALLOWED HIS CLAIM FOR PAY AND ALLOWANCES FOR THE PERIOD FROM AUGUST 31 TO NOVEMBER 3. THEY WERE RECEIVING AT THE TIME OF SUCH INJURY. UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOME. UPON TERMINATION OF SUCH MEDICAL AND HOSPITAL TREATMENT SHALL BE ENTITLED TO TRANSPORTATION TO THEIR HOMES AT GOVERNMENT EXPENSE. * * *" FROM CLAIMANTS' AVERMENTS AND OTHER EVIDENCE ADDUCED IT APPEARS THAT WHILE HE WAS ON ACTIVE DUTY AT THE CITIZENS' MILITARY TRAINING CAMP AT PLATTSBURG BARRACKS.

A-14486, JUNE 4, 1926, 5 COMP. GEN. 959

PAY AND ALLOWANCES - ARMY RESERVE CORPS OFFICER SICK IN HOSPITAL SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, PROVIDING FOR THE CONTINUANCE OF PAY AND ALLOWANCES TO OFFICERS OF THE RESERVE CORPS FOR THE PERIOD THEY ARE IN THE HOSPITAL UNDERGOING TREATMENT AFTER RELIEF FROM ACTIVE DUTY, IS LIMITED TO INJURY IN LINE OF DUTY AND HAS NO APPLICATION TO DISABILITIES NOT THE DIRECT RESULT OF AN INJURY.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 4, 1926.

VALENTINE PASVOLSKY REQUESTED BY LETTER OF MARCH 3, 1926, REVIEW OF SETTLEMENT 068616 OF MARCH 6, 1925, WHEREIN WAS DISALLOWED HIS CLAIM FOR PAY AND ALLOWANCES FOR THE PERIOD FROM AUGUST 31 TO NOVEMBER 3, 1924, AS SECOND LIEUTENANT, THREE HUNDRED AND TENTH INFANTRY OFFICERS' RESERVE CORPS.

HE CLAIMS SUCH PAY UNDER SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, WHICH, IN SO FAR AS HERE MATERIAL, PROVIDES:

"SEC. 6. THAT * * * MEMBERS OF THE OFFICERS' RESERVE CORPS AND OF THE ENLISTED RESERVE CORPS OF THE ARMY, INJURED IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS; PERSONS HEREINBEFORE DESCRIBED WHO MAY NOW BE UNDERGOING HOSPITAL TREATMENT FOR INJURIES SO SUSTAINED SHALL BE ENTITLED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, TO MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE AND TO A CONTINUATION OF THE PAY AND ALLOWANCES WHETHER IN MONEY OR IN KIND, THEY WERE RECEIVING AT THE TIME OF SUCH INJURY, UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOME, AND UPON TERMINATION OF SUCH MEDICAL AND HOSPITAL TREATMENT SHALL BE ENTITLED TO TRANSPORTATION TO THEIR HOMES AT GOVERNMENT EXPENSE. * * *"

FROM CLAIMANTS' AVERMENTS AND OTHER EVIDENCE ADDUCED IT APPEARS THAT WHILE HE WAS ON ACTIVE DUTY AT THE CITIZENS' MILITARY TRAINING CAMP AT PLATTSBURG BARRACKS, N.Y., DURING THE PERIOD AUGUST 1 TO 30, 1924, HE BECAME AFFLICTED WITH SWOLLEN ANKLES, FOR WHICH HE WAS TREATED IN THE INFIRMARY TENT; THAT THE MEDICAL OFFICER WHO DRESSED HIS ANKLES TOLD HIM THAT IT WAS AN INFECTION MOST LIKELY CAUSED BY SOME FUNGUS PARASITE OR BY SHOE DYE; THAT ON THE DATE OF HIS RELIEF FROM ACTIVE DUTY HE WAS TOLD BY THE MEDICAL OFFICER THAT HIS ANKLES WERE "COMING ALONG ALL RIGHT," AND THEREUPON CLAIMANT SIGNED A WAIVER OF PHYSICAL EXAMINATION AND DEPARTED FROM HIS STATION, BUT ON HIS WAY HOME THE SWELLING BECAME WORSE AND SPREAD TO OTHER PARTS OF HIS BODY; THAT UPON ARRIVING HOME HE REPORTED FOR TREATMENT TO THE ATTENDING SURGEON IN THE ARMY BUILDING, NEW YORK CITY, WHO SENT HIM TO THE STATION HOSPITAL AT FORT TOTTEN, N.Y., WHERE HE REMAINED A PATIENT UNTIL NOVEMBER 3, 1924. DISALLOWANCE OF THE CLAIM WAS ON THE GROUND THAT AS CLAIMANT MADE AFFIDAVIT IN WHICH HE CLAIMED NO DISABILITY AT THE TIME OF HIS RELIEF FROM ACTIVE DUTY HE IS NOT ENTITLED TO THE PAYMENT CLAIMED. HE NOW CONTENDS, HOWEVER, THAT AS HE MADE THE AFFIDAVIT ON THE WORD OF THE MEDICAL OFFICER THAT THE AILMENT DID NOT AMOUNT TO MUCH IT SHOULD NOT BE HELD AGAINST HIM IN THE CONSIDERATION OF HIS CLAIM.

THE COMMANDING OFFICER, STATION HOSPITAL, FORT TOTTEN, N.Y., IN INDORSEMENT OF JANUARY 17, 1925, REPORTED THAT CLAIMANT WAS ADMITTED TO THAT HOSPITAL "SUFFERING FROM "URTICARIA, CHRONIC, GENERAL.'" URTICARIA IS DEFINED AS---

* * * AN INFLAMMATORY DISORDER OF THE SKIN CHARACTERIZED BY THE DEVELOPMENT OF WHEALS, WHICH GIVE RISE TO SUBJECTIVE SENSATIONS OF BURNING AND ITCHING. THESE APPEAR SUDDENLY IN LARGE OR SMALL NUMBERS, REMAIN FOR FROM A FEW MINUTES TO SEVERAL HOURS, AND DISAPPEAR AS SUDDENLY AS THEY CAME, LEAVING NO TRACE BEHIND. THE DISEASE MAY BE ACUTE OR CHRONIC, AND DUE TO VARIOUS AGENCIES ACTING UPON THE VASO MOTOR SYSTEM, SUCH AS GASTRO- INTESTINAL DISORDERS, INTESTINAL WORMS, THE INGESTION OF SHELL-FISH, ETC. (GOULD'S MEDICAL DICTIONARY.)

THERE IS NO REPORT OF PASVOLSKY'S INJURY WHILE ON ACTIVE DUTY, NOR IS IT REPORTED THAT THE DISABILITY FROM WHICH HE SUFFERED WAS CAUSED BY AN INJURY IN LINE OF DUTY WHILE ON ACTIVE DUTY. AS THE STATUTE PROVIDES FOR CONTINUANCE OF PAY ONLY WHERE A PERSON OF THE CLASS DESCRIBED IS ,INJURED IN LINE OF DUTY," CLAIMANT IS NOT ENTITLED TO THE PAY AND ALLOWANCES CLAIMED, AND IT IS NOT NECESSARY TO CONSIDER WHETHER IN VIEW OF THE FACTS OF RECORD THE CASE IS OTHERWISE WITHIN THE LAW.

FOR THE REASONS STATED THE SETTLEMENT DISALLOWING HIS CLAIM IS SUSTAINED.