A-35171, FEBRUARY 20, 1931, 10 COMP. GEN. 377

A-35171: Feb 20, 1931

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MEDICAL AND HOSPITAL TREATMENT - NAVAL OFFICERS WHERE AN OFFICER OF THE NAVY IS NOT ASSIGNED QUARTERS AT HIS STATION AND BY REASON OF THE NONAVAILABILITY OF QUARTERS FOR LEASE NEAR THE STATION HE IS REQUIRED TO RESIDE AT A DISTANCE THEREFROM. PARTICULAR ATTENTION IS INVITED TO THE FACT THAT THE ACCIDENT RESULTING IN LIEUTENANT DADD'S INJURIES OCCURRED WHILE HE WAS ON AUTHORIZED LIBERTY FOR A PERIOD LESS THAN 24 HOURS FROM HIS REGULAR STATION OF DUTY AT THE NAVY YARD. THAT PUBLIC QUARTERS WERE NOT PROVIDED FOR THE OCCUPANCY OF THIS OFFICER AT HIS REGULAR STATION OF DUTY. THAT HIS HOME WAS CONNECTED WITH HIS STATION OF DUTY BY TELEPHONE. THAT HIS ADDRESS AND TELEPHONE NUMBER WERE KNOWN TO HIS COMMANDING OFFICER AND WERE LISTED AND READILY AVAILABLE AT ALL TIMES AT HIS STATION OF DUTY IN CASE OF EMERGENCY.

A-35171, FEBRUARY 20, 1931, 10 COMP. GEN. 377

MEDICAL AND HOSPITAL TREATMENT - NAVAL OFFICERS WHERE AN OFFICER OF THE NAVY IS NOT ASSIGNED QUARTERS AT HIS STATION AND BY REASON OF THE NONAVAILABILITY OF QUARTERS FOR LEASE NEAR THE STATION HE IS REQUIRED TO RESIDE AT A DISTANCE THEREFROM, AND AWAY FROM MEDICAL AND HOSPITAL SERVICE PROVIDED AT THE STATION, PROPER AND REASONABLE EXPENSES FOR PRIVATE MEDICAL AND HOSPITAL SERVICES, WHEN INCURRED BY REASON OF AN EMERGENCY DUE TO AN ACCIDENT WHILE AT HIS HOME BETWEEN DUTY HOURS, MAY BE ALLOWED. 10 COMP. GEN. 40, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 20, 1931:

THERE HAS BEEN RECEIVED YOUR FOURTH INDORSEMENT OF JANUARY 29, 1931, WITH REFERENCE TO THE CLAIM OF LIEUT. W. D. DADD, UNITED STATES NAVY, AS FOLLOWS:

1. RESPECTFULLY FORWARDED TO THE COMPTROLLER GENERAL OF THE UNITED STATES, REQUESTING AN ADVANCE DECISION UPON THE QUESTION OF WHETHER OR NOT, UPON THE FACTS PRESENTED IN THE FOREGOING CORRESPONDENCE, THE ATTACHED CLAIM OF LIEUTENANT WILLIAM D. DADD, U.S. NAVY, FOR $326.85, WHICH SUM REPRESENTS EXPENSES INCURRED BY LIEUTENANT DADD FOR CIVILIAN MEDICAL AND HOSPITAL TREATMENT INCIDENT TO INJURIES SUSTAINED WHILE ON AUTHORIZED LIBERTY FROM HIS REGULAR DUTY STATION, MAY BE PAID.

2. PARTICULAR ATTENTION IS INVITED TO THE FACT THAT THE ACCIDENT RESULTING IN LIEUTENANT DADD'S INJURIES OCCURRED WHILE HE WAS ON AUTHORIZED LIBERTY FOR A PERIOD LESS THAN 24 HOURS FROM HIS REGULAR STATION OF DUTY AT THE NAVY YARD, PEARL HARBOR, T.H.; THAT PUBLIC QUARTERS WERE NOT PROVIDED FOR THE OCCUPANCY OF THIS OFFICER AT HIS REGULAR STATION OF DUTY, WHICH NECESSITATED HIS LIVING IN HONOLULU, A DISTANCE OF 13 MILES FROM HIS STATION OF DUTY; THAT HIS HOME WAS CONNECTED WITH HIS STATION OF DUTY BY TELEPHONE; THAT HIS ADDRESS AND TELEPHONE NUMBER WERE KNOWN TO HIS COMMANDING OFFICER AND WERE LISTED AND READILY AVAILABLE AT ALL TIMES AT HIS STATION OF DUTY IN CASE OF EMERGENCY; AND THAT, WHEN INJURED, HE WAS ONLY 2 MILES DISTANT FROM HIS HOME, FROM WHICH PLACE A MESSAGE FROM HIS COMMANDING OFFICER COULD HAVE BEEN CONVEYED TO HIM IN 15 MINUTES OR LESS. ON THE FACTS PRESENTED, IT APPEARS TO THE NAVY DEPARTMENT THAT AT THE TIME OF THE ACCIDENT LIEUTENANT DADD WAS IN A DUTY STATUS WITHIN THE MEANING OF SECTION 1586, REVISED STATUTES (U.S. CODE, TITLE 34, SECTION 921), AND IS THEREBY ENTITLED TO REIMBURSEMENT OF THE EXPENSES IN QUESTION.

THE EXPENSES IN QUESTION, AS SHOWN BY RECEIPTED HOSPITAL BILL, ARE FOR ROOM AND SUBSISTENCE, 11 DAYS, AT $6, $66; USE OF OPERATING ROOM AND GAS, $26; BOARD OF NURSES, AT 50 CENTS A MEAL, $27; LABORATORY FEE, $2.50; DRUGS AND DRESSINGS, $15.85), X RAY, $7.50; SERVICE OF NURSES (DAY AND NIGHT), $132; DONOR OF BLOOD, $50; A TOTAL OF $326.85. THE COMMANDING OFFICER OF THE NAVAL HOSPITAL, PEARL HARBOR, HAWAII, IN 1ST INDORSEMENT STATES THAT THE SERVICES WERE ESSENTIAL AND THE CHARGES USUAL FOR THAT LOCALITY.

IT APPEARS FROM THE CORRESPONDENCE SUBMITTED THAT LIEUTENANT DADD, ON AUGUST 13, 1930, ABOUT 12 M., WITH PERMISSION LEFT HIS STATION AT THE NAVY YARD, PEARL HARBOR, HAWAII, FOR HIS HOME AT 740 SEVENTEENTH AVENUE, HONOLULU, HAWAII, 13 MILES FROM HIS POST OF DUTY AND WENT FROM THERE TO ALA WAI CANAL, 2 MILES FROM HIS HOME AND 12 MILES FROM HIS POST OF DUTY, WHERE HE WAS INJURED WHILE OPERATING HIS MOTOR BOAT. HE WAS REMOVED TO THE QUEENS HOSPITAL, HONOLULU, AND LIEUT. COMMANDER E. D. MCMORRIES (MC), UNITED STATES NAVY, THE MEDICAL OFFICER ASSIGNED TO DUTY AND ATTENDANCE UPON OFFICERS IN HONOLULU, WAS CALLED. THE MEDICAL OFFICER REPORTED THE MATTER TO THE CHIEF OF THE BUREAU OF MEDICINE AND SURGERY AUGUST 18, 1930, AS FOLLOWS:

1. THE REPORT OF CASUALTY IN THE CASE OF LIEUTENANT WILLIAM DENIS DADD, U.S. NAVY, IS AS FOLLOWS:

ABOUT 4 P.M., AUGUST 13, 1930, WHILE TRYING OUT A BOAT WITH AN OUTBOARD MOTOR ON THE ALA WAI CANAL, HONOLULU, T.H., SOMETHING WENT WRONG WITH THE TILLER AND IN ATTEMPTING TO CORRECT THE TROUBLE LIEUT. DADD FELL OVERBOARD AND FOUL OF THE PROPELLER, SUFFERING THE FOLLOWING INJURIES: MULTIPLE LACERATIONS OF THE LEFT CHEST, ARM AND SHOULDER; COMPOUND, COMMINUTED FRACTURE AND DISLOCATION OF LEFT HUMERUS AT THE SHOULDER JOINT; THE MUSCLES AND JOINT ATTACHMENTS WERE SEVERED AND RUPTURED; AND A PUNCTURED WOUND AT THE BASE OF LEFT PLEURA. LIEUT. DADD REMAINED CONSCIOUS AND MANAGED TO CLING TO THE SIDE OF THE BOAT UNTIL AID ARRIVED.

2. HE WAS RESCUED AND RUSHED TO QUEEN'S HOSPITAL, HONOLULU. LIEUT. COMDR. E. D. MCMORRIES, (MC), U.S.N., WHO IS STATIONED AT THE OLD NAVAL STATION, HONOLULU, T.H., ARRIVED AT THE HOSPITAL A FEW MINUTES AFTER THE PATIENT'S ARRIVAL, AND FOUND THAT THE PATIENT HAD LOST CONSIDERABLE BLOOD AND WAS SUFFERING FROM PROFOUND SHOCK. AUTHORIZATION FOR HOSPITALIZATION WAS GIVEN BY LIEUT. COMDR. MCMORRIES, AS THE CASE WAS AN EMERGENCY AND THE SEVERITY OF THE INJURIES MADE IT IMPOSSIBLE TO TRANSFER THE PATIENT TO THE U.S. NAVAL HOSPITAL, PEARL HARBOR, TWELVE MILES AWAY, WITHOUT ENDANGERING HIS LIFE.

3. A PROFESSIONAL BLOOD DONOR WAS SECURED AND 550 C.C. OF BLOOD WAS GIVEN BY TRANSFUSION; AND 1,000 C.C. OF SALINE SOLUTION WAS GIVEN INTRAVENOUSLY. SUPPORTIVE MEASURES WERE INSTITUTED. REPAIR OF THE LACERATIONS AND SHOULDER JOINT WAS UNDERTAKEN BY DR. MCMORRIES, AIDED BY DR. OSIRIE, OF HONOLULU. THIS CONSISTED OF SUTURING THE CHEST WOUNDS, CLOSING OF PUNCTURED WOUND IN PLEURAL CAVITY--- ATTEMPTING TO RECONSTRUCT THE SHOULDER JOINT BY WIRING THE DETACHED PART OF THE HEAD OF THE HUMERUS TO THE REMAINING PART AND WIRING THE SHAFT OF THE HUMERUS TO THE HEAD. DRAINS WERE INSERTED IN ALL WOUNDS.

4. AT THIS DATE THE PATIENT'S CONDITION IS SUCH THAT IT WOULD ENDANGER HIS LIFE TO MOVE HIM TO THE U.S. NAVAL HOSPITAL AT PEARL HARBOR, BUT THIS TRANSFER WILL BE MADE AS SOON AS IT CAN BE EFFECTED WITH SAFETY TO THE PATIENT.

THE SUBMISSION SEEMS TO GO ON THE ASSUMPTION THAT WHAT IS SAID IN 10 COMP. GEN. 40 REVERSES OR MODIFIES THE HOLDING OF THE FORMER COMPTROLLER OF THE TREASURY IN 17 COMP. DEC. 472, WHERE IT WAS SAID:

MR. LAND WAS ON DUTY AT THE NAVY YARD IN BROOKLYN, WHERE A LARGE AND PRESUMABLY EFFICIENT MEDICAL DEPARTMENT IS PROVIDED FOR TREATMENT OF OFFICERS OF THAT STATION AND HE, VOLUNTARILY, FOR HIS CONVENIENCE AND COMFORT, REMOVED TO THE COUNTRY 1 1/2 MILES FROM ENGLEWOOD, N.J., ABOUT 18 MILES FROM THE NAVY YARD, THUS PLACING HIMSELF WHERE THE SERVICES OF THE MEDICAL OFFICERS OF THE STATION WERE NOT AVAILABLE. THERE WAS NOTHING TO PROHIBIT HIS REMOVAL TO THE COUNTRY FOR A SHORT OR LONG RESIDENCE "TO ESCAPE THE HEAT OF THE CITY" OR OTHER CAUSE, BUT WHEN HE LEFT THE STATION HE TOOK THE CHANCES OF HAVING TO PAY THE EXPENSES OF ANY ILLNESS FOR WHICH TREATMENT MIGHT BE NECESSARY, WHETHER THAT ILLNESS MIGHT BE SUDDEN AND VIOLENT OR OTHERWISE.

WHAT WAS SAID IN 10 COMP. GEN. 40, RESPECTING ABSENCES OF SHORT DURATION NOT EXCEEDING 24 HOURS ON "PASS" OR PERMISSION TO BE ABSENT FROM SHIP OR STATION HAS NO APPLICATION TO AN OFFICER ON SHORE DUTY RESIDING VOLUNTARILY AT A DISTANCE FROM HIS STATION. IN SUCH A CASE THE OFFICER'S REGULAR ABSENCES AT HIS HOME DURING PERIODS AFTER OFFICE HOURS ARE NOT ABSENCES "ON PASS" AND HIS RIGHTS TO REIMBURSEMENT FOR CIVIL MEDICAL TREATMENT ARE FOR DETERMINATION BY THE AVAILABILITY OR NONAVAILABILITY OF THE NAVAL MEDICAL SERVICE AT HIS STATION IN THE CIRCUMSTANCES OF THE PARTICULAR CLAIM. IF THE OFFICER IS NOT ASSIGNED QUARTERS AND THE NECESSITY OF THE SITUATION, I.E., AVAILABILITY OF QUARTERS FOR LEASE IN THE VICINITY OF THIS STATION, REQUIRES HIS RESIDENCE AT A DISTANCE FROM THE MEDICAL SERVICE AT HIS STATION IN AN EMERGENCY SUCH AS AN ACCIDENT WHICH WILL NOT PERMIT OF THE DELAY INCIDENT TO SECURING MEDICAL TREATMENT FROM THE NAVAL MEDICAL SERVICE, PROPER AND REASONABLE MEDICAL EXPENSES MAY BE PAID. WHAT HAS JUST BEEN SAID, HOWEVER, IS APPLICABLE ONLY IN EXTREME CASES OF EMERGENCY WHERE IN FACT THE MEDICAL SERVICE AT HIS STATION CAN NOT BE MADE AVAILABLE BECAUSE OF THE URGENCY OF THE SITUATION.

THE EMERGENCY IN THIS CASE IS SUFFICIENTLY ESTABLISHED. THE OFFICER STATED THAT QUARTERS ARE NOT AVAILABLE AT HIS STATION; THAT IT IS NECESSARY FOR HIM TO LIVE IN HONOLULU; THAT IT IS THE AREA NEAREST HIS STATION OF DUTY "BY ROAD" IN WHICH RESIDENCES ARE AVAILABLE, AND IN WHICH AN OFFICER MAY LIVE. EVIDENCE AS TO THIS IN ADDITION TO THE OFFICER'S STATEMENT SHOULD BE FILED WITH THE CLAIM. IF THIS FACT IS ESTABLISHED, PAYMENT OF THE CLAIM, TO THE EXTENT OTHERWISE CORRECT, INCLUDING THE SURGEON GENERAL'S APPROVAL OF THE CHARGES AS REASONABLE AND PROPER, MAY BE MADE.