A-46192, MAY 16, 1933, 12 COMP. GEN. 639

A-46192: May 16, 1933

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MEDICAL TREATMENT - OFFICERS' RESERVE CORPS WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS WAS INJURED IN AN AUTOMOBILE ACCIDENT. UNDER CIRCUMSTANCES FROM WHICH IT WAS CONCLUDED THAT SUCH INJURIES WERE NOT SUFFERED IN LINE OF DUTY WHILE IN THE PERFORMANCE OF HIS OFFICIAL DUTIES. ARE NOT AUTHORITY FOR HOSPITALIZATION IN A CIVILIAN HOSPITAL AND TREATMENT BY A CIVILIAN PHYSICIAN AT PUBLIC EXPENSE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS TRANSMITTED THEREWITH. ON WHICH DATE ALL MEDICAL OFFICERS OF THE ARMY THERE ON DUTY WERE RELIEVED. ARRANGEMENTS WERE MADE WITH DR. THE FACTS IN THIS CASE ARE SET OUT IN DETAIL IN DECISION OF DECEMBER 20. FROM WHICH IT WAS CONCLUDED THAT THIS OFFICER'S INJURIES WERE NOT SUFFERED IN LINE OF DUTY.

A-46192, MAY 16, 1933, 12 COMP. GEN. 639

MEDICAL TREATMENT - OFFICERS' RESERVE CORPS WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS WAS INJURED IN AN AUTOMOBILE ACCIDENT, UNDER CIRCUMSTANCES FROM WHICH IT WAS CONCLUDED THAT SUCH INJURIES WERE NOT SUFFERED IN LINE OF DUTY WHILE IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, THE ACT OF APRIL 26, 1928, 45 STAT. 461 AND THE APPROPRIATION UNDER "ORGANIZED RESERVES" FOR THE FISCAL YEAR 1933, 47 STAT. 684, ARE NOT AUTHORITY FOR HOSPITALIZATION IN A CIVILIAN HOSPITAL AND TREATMENT BY A CIVILIAN PHYSICIAN AT PUBLIC EXPENSE.

COMPTROLLER GENERAL MCCARL TO MAJ. E. C. MORTON, UNITED STATES ARMY, MAY 16, 1933:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 15, 1933, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS TRANSMITTED THEREWITH, COVERING HOSPITALIZATION IN A CIVILIAN HOSPITAL AND CIVILIAN MEDICAL ATTENTION FOR FIRST LT. CHARLES MORROW WILSON, INFANTRY RESERVES, BY REASON OF INJURIES SUSTAINED AUGUST 10, 1932, IN AN AUTOMOBILE ACCIDENT.

THE BAPTIST STATE HOSPITAL, LITTLE ROCK, ARK., CLAIMS $215.65 FOR HOSPITALIZATION FROM AUGUST 10 TO SEPTEMBER 15, 1932, AND INCIDENTAL EXPENSES, FURNISHED THIS OFFICER, HIS DISABILITY BEING STATED AS "WOUND, LACERATED RT. TEMPORAL REGION. DISLOCATION, LEFT SHOULDER. FRACTURED NOSE.'

PAUL G. AUTRY, M.D., CLAIMS $80 BEING $2.50 FOR EACH DAY FROM AUGUST 14, 1932, TO SEPTEMBER 14, 1932. THE FOLLOWING NOTE APPEARS ON THE VOUCHER:

THE CAMP AT CAMP PIKE, ARK., CLOSED ON AUGUST 13, 1932, ON WHICH DATE ALL MEDICAL OFFICERS OF THE ARMY THERE ON DUTY WERE RELIEVED, LEAVING NONE AT LITTLE ROCK. ARRANGEMENTS WERE MADE WITH DR. PAUL G. AUTRY TO ATTEND THE PATIENTS LEFT IN HOSPITAL. (PAR. 3A, AR 40-505.)

THE FACTS IN THIS CASE ARE SET OUT IN DETAIL IN DECISION OF DECEMBER 20, 1932, A-46192, FROM WHICH IT WAS CONCLUDED THAT THIS OFFICER'S INJURIES WERE NOT SUFFERED IN LINE OF DUTY, WHILE IN THE PERFORMANCE OF HIS OFFICIAL DUTIES SO AS TO BRING HIM WITHIN THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461. THAT ACT, SO FAR AS MATERIAL, PROVIDES:

* * * MEMBERS OF THE OFFICERS' RESERVE CORPS AND OF THE ENLISTED 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 CANNOT 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; * * *

THE APPROPRIATION UNDER ORGANIZED RESERVES FOR THE FISCAL YEAR 1933, 47 STAT. 684, APPROPRIATES FUNDS FOR, AMONG OTHER PURPOSES---

* * * THE MEDICAL AND HOSPITAL TREATMENT OF MEMBERS OF THE OFFICERS' RESERVE CORPS * * * WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY, AS PROVIDED BY THE ACT OF APRIL 26, 1928 (U.S.C., SUPP. V, TITLE 10, SECS. 451, 455) AND FOR SUCH OTHER PURPOSES IN CONNECTION THEREWITH AS ARE AUTHORIZED BY THE SAID ACT, INCLUDING PAY AND ALLOWANCES, SUBSISTENCE, TRANSPORTATION, AND BURIAL EXPENSES,* * *.

FOLLOWING HIS INJURY UNDER THE CIRCUMSTANCES SET OUT AS INDICATED, THIS RESERVE OFFICER WAS TAKEN DIRECTLY TO THE BAPTIST STATE HOSPITAL, AND WHILE A BOARD OF OFFICERS APPOINTED SUBSEQUENT TO HIS DISCHARGE FROM THE HOSPITAL, INCLUDING THE CLAIMANT AS A MEMBER, FOUND THAT HE WAS ADMITTED TO THE HOSPITAL IN LITTLE ROCK, BY DIRECTION OF THE SURGEON, CITIZENS' MILITARY TRAINING CAMP, CAMP PIKE, ARK., IT APPEARS THAT HE WAS FIRST TREATED AT ABOUT 1 A.M., AUGUST 10, 1932, BY DR. W. R. RICHARDSON, F.A.C.S., A CIVILIAN PHYSICIAN IN LITTLE ROCK, ARK., AND THERE APPEARS NOTHING TO SHOW THAT, AT ANY TIME, HE WAS TREATED BY MEDICAL OFFICERS OF THE ARMY. NOT HAVING BEEN INJURED IN LINE OF DUTY WHILE IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, THE ACT OF APRIL 26, 1928, IS NOT AUTHORITY FOR HIS HOSPITALIZATION IN A CIVILIAN HOSPITAL, AND TREATMENT BY A CIVILIAN PHYSICIAN, UNDER THAT LAW AND THE APPROPRIATION QUOTED. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT IS NOT AUTHORIZED ON THE VOUCHERS, WHICH WILL BE RETAINED IN THIS OFFICE.