A-33394, OCTOBER 13, 1930, 10 COMP. GEN. 166

A-33394: Oct 13, 1930

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OFFICERS' RESERVE CORPS - CONTINUATION OF PAY AND ALLOWANCES WHILE UNDERGOING TREATMENT FOR INJURIES WHERE THE FACT OF INJURY AND THE MANNER OF ITS INCURRENCE ARE MADE A MATTER OF RECORD DURING THE PERIOD A RESERVE OFFICER OF THE ARMY WAS ON ACTIVE DUTY AND HE WAS PERMITTED TO PROCEED TO HIS HOME TO ARRANGE HIS PERSONAL AFFAIRS BEFORE SUBMITTING TO NECESSARY OPERATIVE TREATMENT FOR THE INJURY. THE HOSPITAL TREATMENT EXTENDED HIM IS NOT A PART OF THE "FURTHER MEDICAL TREATMENT" PERMITTED BY THE ACT OF APRIL 26. IS THE HOSPITAL TREATMENT. CONTEMPLATED BY THE STATUTE DURING WHICH THE OFFICER SHALL BE ENTITLED TO THE SAME PAY AND ALLOWANCES HE WAS ENTITLED TO RECEIVE WHEN THE INJURY WAS SUFFERED.

A-33394, OCTOBER 13, 1930, 10 COMP. GEN. 166

OFFICERS' RESERVE CORPS - CONTINUATION OF PAY AND ALLOWANCES WHILE UNDERGOING TREATMENT FOR INJURIES WHERE THE FACT OF INJURY AND THE MANNER OF ITS INCURRENCE ARE MADE A MATTER OF RECORD DURING THE PERIOD A RESERVE OFFICER OF THE ARMY WAS ON ACTIVE DUTY AND HE WAS PERMITTED TO PROCEED TO HIS HOME TO ARRANGE HIS PERSONAL AFFAIRS BEFORE SUBMITTING TO NECESSARY OPERATIVE TREATMENT FOR THE INJURY, THE HOSPITAL TREATMENT EXTENDED HIM IS NOT A PART OF THE "FURTHER MEDICAL TREATMENT" PERMITTED BY THE ACT OF APRIL 26, 1928, 45 STAT. 461, AFTER RETURN TO HIS HOME, BUT IS THE HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, CONTEMPLATED BY THE STATUTE DURING WHICH THE OFFICER SHALL BE ENTITLED TO THE SAME PAY AND ALLOWANCES HE WAS ENTITLED TO RECEIVE WHEN THE INJURY WAS SUFFERED, FOR A PERIOD NOT EXCEEDING SIX MONTHS.

COMPTROLLER GENERAL MCCARL TO MAJ. S. B. ARMAT, UNITED STATES ARMY, OCTOBER 13, 1930:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER IN FAVOR OF HARRY ELLSWORTH SIMMONS, CAPTAIN, F.A. RESERVE, UNITED STATES ARMY, COVERING PAY AND ALLOWANCES FOR THE PERIOD AUGUST 10, 1930, TO AUGUST 31, 1930, WHILE UNDERGOING MEDICAL AND HOSPITAL TREATMENT.

WHILE A COPY OF CAPTAIN SIMMON'S ORDERS IS NOT FURNISHED IT APPEARS HE WAS ORDERED TO ACTIVE DUTY AT CAMP TOBYHANNA, PA., FOR TRAINING WITH THE FIRST BATTALION, SIXTEENTH FIELD ARTILLERY, FOR THE PERIOD FROM JULY 6 TO 19, 1930, AND WHILE THERE REPORTED TO THE CAMP INFIRMARY WHERE A PRELIMINARY EXAMINATION WAS MADE AND IT WAS DETERMINED HE WAS SUFFERING FROM HERNIA ACCIDENTALLY INCURRED ON OR ABOUT JULY 15, 1930, AS A RESULT OF EQUITATION AND IN LINE OF DUTY.

ALTHOUGH THE INJURY WAS DISCOVERED PRIOR TO RELIEF FROM ACTIVE DUTY CAPTAIN SIMMONS REMAINED AT CAMP UNTIL THE COMPLETION OF HIS PERIOD OF ACTIVE DUTY JULY 19, 1930, AND RETURNED TO HIS HOME IN CONFORMANCE WITH THE RECOMMENDATION OF THE BOARD OF OFFICERS AS FOLLOWS:

THAT CAPTAIN SIMMONS SHOULD BE ALLOWED TO RETURN TO HIS HOME IN JOHNSTOWN, PENNSYLVANIA, FOR A PERIOD OF ABOUT TWO (2) WEEKS FOR THE PURPOSE OF ARRANGING HIS BUSINESS AFFAIRS PREVIOUS TO HOSPITALIZATION, FOR FURTHER OBSERVATION AND TREATMENT.

SPECIAL ORDERS NO. 192, DATED HEADQUARTERS THIRD CORPS AREA, UNITED STATES ARMY, BALTIMORE, D., AUGUST 7, 1930, ARE IN PART AS FOLLOWS:

CAPTAIN HARRY ELLSWORTH SIMMONS, FIELD ARTILLERY RESERVE, 149 VIOLET STREET, SOUTHMONT, JOHNSTOWN, PENNSYLVANIA, HAVING BEEN INJURED IN LINE OF DUTY WHILE ON ACTIVE DUTY, WILL PROCEED FROM HIS HOME TO WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., SO AS TO ARRIVE THEREAT ON OR BEFORE AUGUST 10, 1930, FOR HOSPITALIZATION AND TREATMENT. THE JOURNEY IS NECESSARY IN THE MILITARY SERVICE. * * *

THE ACT OF APRIL 26, 1928, 45 STAT. 461, IS AS FOLLOWS:

THAT * * * MEMBERS OF THE OFFICERS' RESERVE CORPS * * * OF THE ARMY WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS; * * * SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, WHEN HOSPITAL TREATMENT IS NECESSARY FOR APPROPRIATE TREATMENT OF SUCH INJURY OR DISEASE, BE ENTITLED TO HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, AT GOVERNMENT EXPENSE, UNTIL THE DISABILITY RESULTING FROM SUCH INJURY OR DISEASE CAN NOT BE MATERIALLY IMPROVED BY FURTHER HOSPITAL TREATMENT, AND, DURING THE PERIOD OF HOSPITALIZATION TO THE SAME PAY AND ALLOWANCES WHETHER IN MONEY OR IN KIND THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED OR DISEASE CONTRACTED, AND TO TRANSPORTATION TO THEIR HOMES AT GOVERNMENT EXPENSE WHEN DISCHARGED FROM HOSPITAL; THEY SHALL ALSO BE ENTITLED TO SUCH FURTHER MEDICAL TREATMENT FOR SUCH INJURY OR DISEASE AS IS REASONABLY NECESSARY AFTER ARRIVAL AT THEIR HOMES UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT. * * * NO PERSON HOSPITALIZED UNDER THE FOREGOING PROVISIONS OF THIS SECTION ON ACCOUNT OF ANY PERSONAL INJURY SUFFERED OR DISEASE CONTRACTED SHALL BE ENTITLED TO RECEIVE, IN CONNECTION WITH SUCH INJURY OR DISEASE, PAY OR ALLOWANCE OTHER THAN HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, AND TRANSPORTATION, AS HEREIN PROVIDED FOR MORE THAN SIX MONTHS; BUT FOR ANY REMAINING PERIOD OF SUCH HOSPITALIZATION HE SHALL BE ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE. * * *

UNDER THE ACT OF JUNE 3, 1924, 43 STAT. 364, AMENDING SECTION 6 OF THE ACT OF MARCH 4, 1923, 42 STAT. 1508, A RIGHT WAS GIVEN FOR AN INJURY INCURRED IN LINE OF DUTY AT ENCAMPMENTS, ETC., TO HOSPITALIZATION AND "TO A CONTINUATION OF THE PAY AND ALLOWANCES WHETHER IN MONEY OR IN KIND, THEY WERE RECEIVING AT THE TIME OF SUCH INJURIES, UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOMES" LIMITED TO A PERIOD OF SIX MONTHS. UNDER THAT STATUTE IT WAS HELD, 7 COMP. GEN. 567, THAT TRAVEL BY THE OFFICER TO HIS HOME TERMINATED HIS RIGHT TO A "CONDITION" OF HIS PAY AND ALLOWANCES NOTWITHSTANDING HE WAS THEREAFTER HOSPITALIZED FOR THE INJURY. UNDER THE PRESENT LAW A RIGHT IS GIVEN TO THE PERSONNEL DESCRIBED WHO SUFFER PERSONAL INJURIES OR CONTRACT DISEASE IN LINE OF DUTY AT ENCAMPMENTS, ETC.

* * * TO HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, AT GOVERNMENT EXPENSE, UNTIL THE DISABILITY RESULTING FROM SUCH INJURY OR DISEASE CAN NOT BE MATERIALLY IMPROVED BY FURTHER HOSPITAL TREATMENT, AND DURING THE PERIOD OF HOSPITALIZATION, TO THE SAME PAY AND ALLOWANCES * * * THEY WERE ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED OR DISEASE CONTRACTED (PAY AND ALLOWANCES BEING LIMITED TO A MAXIMUM PERIOD OF SIX MONTHS) * * *.

WHERE SICKNESS OR INJURY IS CLAIMED TO HAVE DEVELOPED AFTER RELIEF FROM ACTIVE DUTY AND ARRIVAL HOME, QUESTION MAY ARISE UNDER THE PRESENT STATUTE WHETHER THE INJURY WAS SUFFERED OR THE DISEASE WAS CONTRACTED WHILE ON ACTIVE DUTY OR AT AN ENCAMPMENT, ETC., BUT SUCH A QUESTION CAN NOT ARISE WHERE THE FACT OF INJURY AND THE MANNER OF ITS INCURRENCE ARE MADE A MATTER OF RECORD DURING THE PERIOD OF ACTIVE DUTY AND THE OFFICER IS PERMITTED TO PROCEED TO HIS HOME TO ARRANGE HIS PERSONAL AFFAIRS BEFORE SUBMITTING TO THE REQUIRED OPERATIVE TREATMENT FOR THE INJURY. IN SUCH A CASE THE HOSPITAL TREATMENT IS NOT A PART OF THE "FURTHER MEDICAL TREATMENT" PERMITTED BY THE STATUTE AFTER RETURN TO HIS HOME BUT IS THE HOSPITAL TREATMENT, CONTEMPLATED BY THE STATUTE DURING WHICH, IT PRESCRIBES, THE OFFICER SHALL BE ENTITLED TO THE SAME PAY AND ALLOWANCES HE WAS ENTITLED TO RECEIVE WHEN THE INJURY WAS SUFFERED OR THE DISEASE CONTRACTED. WHERE THAT IS THE CASE, THE OFFICER IS, UNDER THE STATUTE, ENTITLED TO PAY AND ALLOWANCES DURING THE PERIOD OF HOSPITALIZATION AS DETERMINED BY OR PURSUANT TO THE REGULATIONS ISSUED UNDER THE STATUTE, NOT EXCEEDING SIX MONTHS. THE VOUCHER, IF OTHERWISE CORRECT, MAY BE PAID.