A-16448, JANUARY 11, 1927, 6 COMP. GEN. 465

A-16448: Jan 11, 1927

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MEDICAL TREATMENT - ENLISTED MAN OF THE NAVY ON LEAVE OF ABSENCE WHERE AN ENLISTED MAN OF THE NAVY WAS TAKEN ILL WHILE ON LEAVE AND WAS GIVEN TREATMENT IN A CIVILIAN HOSPITAL PURSUANT TO INSTRUCTIONS FROM HIS COMMANDING OFFICER. PAYMENT TO THE ATTENDING CIVILIAN PHYSICIAN FOR SERVICES RENDERED IS AUTHORIZED FROM PUBLIC FUNDS. IS. THE RECORD SHOWS THAT PRINDLE WAS GRANTED LEAVE FROM THE NAVAL TRAINING STATION. HE WAS TAKEN ILL AT RACINE. UPON RECEIPT OF REPORT BY THE MEDICAL OFFICER AT THE NAVAL TRAINING STATION OF THIS MAN'S CONDITION HIS COMMANDING OFFICER GAVE VERBAL AUTHORITY BY TELEPHONE TO CLAIMANT TO CARE FOR HIM IN A CIVIL HOSPITAL AND REPORT OF HIS ACTION WAS MADE TO THE BUREAU OF MEDICINE AND SURGERY ON THE SAME DATE AS FOLLOWS: FROM: MEDICAL OFFICER.

A-16448, JANUARY 11, 1927, 6 COMP. GEN. 465

MEDICAL TREATMENT - ENLISTED MAN OF THE NAVY ON LEAVE OF ABSENCE WHERE AN ENLISTED MAN OF THE NAVY WAS TAKEN ILL WHILE ON LEAVE AND WAS GIVEN TREATMENT IN A CIVILIAN HOSPITAL PURSUANT TO INSTRUCTIONS FROM HIS COMMANDING OFFICER, NO NAVAL MEDICAL OFFICER OR GOVERNMENT HOSPITAL BEING AVAILABLE, THE ACTION OF THE COMMANDING OFFICER HAD THE EFFECT OF TERMINATING THE LEAVE STATUS OF THE MAN AND OF PLACING HIM UNDER NAVAL SUPERVISION, AND PAYMENT TO THE ATTENDING CIVILIAN PHYSICIAN FOR SERVICES RENDERED IS AUTHORIZED FROM PUBLIC FUNDS.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 11, 1927:

DR. RUSSELL M. KURTEN HAS REQUESTED REVIEW OF SETTLEMENT 0153217, DATED SEPTEMBER 1, 1926, DISALLOWING HIS CLAIM FOR $310 ON ACCOUNT OF PROFESSIONAL SERVICES RENDERED TO CHARLES HARVEY PRINDLE, APPRENTICE SEAMAN, UNITED STATES NAVY, WHILE A PATIENT IN LINCOLN HOSPITAL, RACINE, IS., DURING THE PERIOD FROM APRIL 1 TO MAY 6, 1926.

THE RECORD SHOWS THAT PRINDLE WAS GRANTED LEAVE FROM THE NAVAL TRAINING STATION, GREAT LAKES, ILL., FOR THE PERIOD FROM MARCH 26 TO APRIL 7, 1926. HE WAS TAKEN ILL AT RACINE, WIS., WITH DIAGNOSIS BY CLAIMANT AS SPINAL MENINGITIS. UPON RECEIPT OF REPORT BY THE MEDICAL OFFICER AT THE NAVAL TRAINING STATION OF THIS MAN'S CONDITION HIS COMMANDING OFFICER GAVE VERBAL AUTHORITY BY TELEPHONE TO CLAIMANT TO CARE FOR HIM IN A CIVIL HOSPITAL AND REPORT OF HIS ACTION WAS MADE TO THE BUREAU OF MEDICINE AND SURGERY ON THE SAME DATE AS FOLLOWS: FROM: MEDICAL OFFICER. TO: BUREAU OF MEDICINE AND SURGERY, NAVY DEPARTMENT, WASHINGTON, D.C. SUBJECT: REPORT OF CIVILIAN MEDICAL TREATMENT IN THE CASE OF PRINDLE,

CHARLES HARVEY, A.S., U.S.N.

1. BY DIRECTION OF THE COMMANDANT I HAVE THIS DAY GIVEN AUTHORITY, VERBALLY, BY TELEPHONE, TO DR. R. M. KURTEN, 401 ARCADE BLDG., RACINE, WIS., TO CARE FOR THE ABOVE-NAMED MAN IN A CIVIL HOSPITAL PENDING FURTHER INSTRUCTIONS FROM COMPETENT AUTHORITY. PRINDLE WAS REPORTED ILL THIS DATE AS WITH CEREBRO-SPINAL FEVER WHILE ON LEAVE IN THE ABOVE NAMED CITY. THERE WAS NO NAVAL MEDICAL OFFICER OR GOVERNMENT HOSPITAL AVAILABLE TO CARE FOR HIM AT THAT PLACE.

LOUIS IVERSON.

PURSUANT TO SUCH AUTHORIZATION CLAIMANT, APRIL 1, 1926, PLACED THE ENLISTED MAN IN LINCOLN HOSPITAL AND CARED FOR HIM UNTIL MAY 6, 1926, WHEN HE WAS MOVED BY AMBULANCE TO NAVAL HOSPITAL, GREAT LAKES, ILL. THE NAVY MEDICAL OFFICER FURNISHED FOR USE THE NECESSARY SERUM AND KEPT IN CLOSE TOUCH WITH THE PROGRESS OF THE CASE. THE CLAIM IS FOR PROFESSIONAL SERVICES RENDERED UNDER THESE CIRCUMSTANCES.

THE RULE HAS BEEN ESTABLISHED OVER A LONG PERIOD OF YEARS THAT WHEN AN ENLISTED MAN IS ON LEAVE OR FURLOUGH FROM ALL DUTY AND GOES WHERE HE PLEASES, HE MAY NOT EMPLOY HIS PRIVATE PHYSICIAN AT THE EXPENSE OF THE GOVERNMENT; THAT PAYMENT OF THE EXPENSE OF MEDICAL CARE AND TREATMENT PROCURED BY HIM FROM CIVILIAN PHYSICIANS OR IN PRIVATE HOSPITALS WHEN HE BECOMES ILL WHILE ON SUCH LEAVE OR FURLOUGH IS NOT AUTHORIZED AND THAT THE MERE CANCELLATION OF THE LEAVE DOES NOT SHIFT THE COST TO THE UNITED STATES. BUT THAT RULE HAS NO APPLICATION TO THE FACTS OF THIS CASE WHERE, UPON INFORMATION AS TO THE ILLNESS OF AN ENLISTED MAN OF THE NAVY ON FURLOUGH AT A PLACE WHERE NAVAL MEDICAL FACILITIES WERE NOT AVAILABLE, AN AUTHORIZED OFFICER OF THE NAVY PROCURED PROPER MEDICAL AND HOSPITAL TREATMENT FOR HIM.

IN THE INSTANT CASE THE CLAIMANT WAS AUTHORIZED BY COMPETENT NAVAL AUTHORITY TO CARE FOR THE ABOVE-NAMED ENLISTED MAN IN A PRIVATE HOSPITAL. THIS ACTION BY PROPER OFFICERS OF THE NAVY HAD THE EFFECT OF TERMINATING THE LEAVE STATUS OF THE ENLISTED MAN AND PLACING HIM UNDER NAVAL SUPERVISION, AND PAYMENT FOR MEDICAL TREATMENT FURNISHED TO HIM BY CLAIMANT ON THE REQUEST OF THE COMMANDING OFFICER OF THE MAN IS AUTHORIZED.