A-60445, MARCH 21, 1935, 14 COMP. GEN. 706

A-60445: Mar 21, 1935

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IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF CARING FOR THE BENEFICIARIES OF THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. AS FOLLOWS: THERE IS TRANSMITTED A LETTER FROM THE ASSISTANT TO THE SUPERINTENDENT. STATING THAT ON JANUARY 3 A BILL FOR $84.76 WAS SUBMITTED TO THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION FOR THE MAINTENANCE AT THE HOSPITAL OF TWO BENEFICIARIES OF THE COMMISSION DURING THE QUARTER ENDED DECEMBER 31. THERE IS ALSO SUBMITTED A COPY OF REPLY FROM THE SECRETARY OF THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION OF FEBRUARY 4. UNLESS SUCH TREATMENT AND SUPPLIES WERE FURNISHED BY A PRIVATE PHYSICIAN OR HOSPITAL AT THE COST OF THE DEPARTMENT OR ESTABLISHMENT SEEKING REIMBURSEMENT.

A-60445, MARCH 21, 1935, 14 COMP. GEN. 706

MEDICAL AND HOSPITAL TREATMENT OF BENEFICIARIES OF THE EMPLOYEES' COMPENSATION COMMISSION BY SAINT ELIZABETHS HOSPITAL UNDER EXISTING LAW, SAINT ELIZABETHS HOSPITAL, A FEDERAL INSTITUTION, IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF CARING FOR THE BENEFICIARIES OF THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, INCLUDING MEMBERS OF THE CIVILIAN CONSERVATION CORPS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MARCH 21, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 19, 1935, AS FOLLOWS:

THERE IS TRANSMITTED A LETTER FROM THE ASSISTANT TO THE SUPERINTENDENT, SAINT ELIZABETHS HOSPITAL, OF FEBRUARY 6, STATING THAT ON JANUARY 3 A BILL FOR $84.76 WAS SUBMITTED TO THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION FOR THE MAINTENANCE AT THE HOSPITAL OF TWO BENEFICIARIES OF THE COMMISSION DURING THE QUARTER ENDED DECEMBER 31, 1934.

THERE IS ALSO SUBMITTED A COPY OF REPLY FROM THE SECRETARY OF THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION OF FEBRUARY 4, STATING THAT NO PART OF THIS CLAIM CAN BE ALLOWED, FOR THE REASON THAT THE ACT OF SEPTEMBER 7, 1916 (39 STAT. 742) CONTAINS NO PROVISION WHEREBY A GOVERNMENT DEPARTMENT OR ESTABLISHMENT MAY BE REIMBURSED FOR MEDICAL AND SURGICAL TREATMENT AND SUPPLIES FURNISHED A BENEFICIARY OF THE COMMISSION, UNLESS SUCH TREATMENT AND SUPPLIES WERE FURNISHED BY A PRIVATE PHYSICIAN OR HOSPITAL AT THE COST OF THE DEPARTMENT OR ESTABLISHMENT SEEKING REIMBURSEMENT.

IT IS POINTED OUT IN THE LETTER FROM THE SAINT ELIZABETHS HOSPITAL THAT IT IS POSSIBLE THERE WILL BE AN INCREASING NUMBER OF BENEFICIARIES OF THIS CHARACTER PLACED IN THE HOSPITAL IN THE NEAR FUTURE FOR MENTAL CARE AND TREATMENT, AND THAT IF THE HOSPITAL IS NOT REIMBURSED FOR THEIR CARE AND TREATMENT IT WILL REQUIRE MATERIALLY INCREASED APPROPRIATIONS.

IT IS REQUESTED THAT AN OPINION BE RENDERED AS TO WHETHER THE HOSPITAL SHOULD BE REIMBURSED FOR THE CARE AND TREATMENT OF BENEFICIARIES OF THIS CHARACTER, AND IF SO, FROM WHAT SOURCE THE HOSPITAL SHOULD BE REIMBURSED.

THE LETTER TO YOU FROM ST. ELIZABETHS HOSPITAL DATED FEBRUARY 6, 1935, IS AS FOLLOWS:

UNDER DATE OF JANUARY 3, 1935, WE TRANSMITTED TO THE U.S. EMPLOYEES' COMPENSATION COMMISSION A BILL FOR BOARD AND MAINTENANCE OF U.S. EMPLOYEES' COMPENSATION COMMISSION BENEFICIARIES IN SAINT ELIZABETHS HOSPITAL FOR THE QUARTER ENDING DECEMBER 31, 1934, IN THE TOTAL AMOUNT OF $84.76, THE TOTAL NUMBER OF PATIENTS BEING TWO, AND THE RATE PER DAY BEING $1.63, FOR 52 DAYS. THIS BOARD WAS FOR:

CHART

NAME DAYS AMOUNT CHUCHOLLEK, JOHNO, ADMITTED 12/2/34 -------- 30 $48.90 HALL, THOMAS R. ADMITTED 12/10/34 ---------- 22

35.86

2 (TOTAL NUMBER ON ROLLS) ------------ 52 84.76

BOTH OF THESE WERE BENEFICIARIES OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION AND WERE ADMITTED UPON THE ORDER OF THE ASSISTANT SECRETARY OF THE TREASURY.

IN A DECISION DATED FEBRUARY 26, 1924, THE SOLICITOR OF THE DEPARTMENT OF THE INTERIOR, CONSIDERING EMPLOYEES' COMPENSATION CASES, STATED:

"INDEED IT IS DIFFICULT TO SEE WHY THE REQUEST OF THE COMMISSION (FEDERAL EMPLOYEES' COMPENSATION COMMISSION), ALONE WOULD NOT JUSTIFY HIS ADMISSION" (ADMISSION TO SAINT ELIZABETHS HOSPITAL).

THE TWO PATIENTS MENTIONED ARE BENEFICIARIES OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION. ONE IS A FORMER SEAMEN WHO RECEIVED INJURY IN PANAMA. THE OTHER WAS INJURED NOVEMBER 20, 1933, WHILE EMPLOYED AT THE C.C.C. CAMP AT ODEN, ARKANSAS, WHEN A TREE FELL, STRIKING HIM ON THE HEAD.

WE RECEIVED A LETTER DATED FEBRUARY 4, 1935, COPY ATTACHED, IN WHICH THE SECRETARY OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION STATED:

"AS SAINT ELIZABETHS HOSPITAL IS A GOVERNMENT ESTABLISHMENT THERE IS NO AUTHORITY UNDER WHICH IT MAY BE REIMBURSED FOR MEDICAL, SURGICAL, AND HOSPITAL TREATMENT AND SUPPLIES FURNISHED THROUGH ITS HOSPITAL TO A BENEFICIARY OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION.'

AND CITES A DECISION OF THE COMPTROLLER GENERAL UNDER THE ACT OF SEPTEMBER 7, 1916, 39 STAT. 742-751.

SAINT ELIZABETHS HOSPITAL CARES FOR 5,274 PATIENTS, AT A TOTAL COST OF OVER $3,000,000.00. IT RECEIVED BY DIRECT APPROPRIATION FROM CONGRESS FOR 1935, THE CURRENT FISCAL YEAR, $1,064,961, THE BALANCE BEING RECEIVED BY TRANSFER FROM THE DISTRICT OF COLUMBIA AND FROM OTHER INSTITUTIONS AND FEDERAL DEPARTMENTS. WERE THE VARIOUS GOVERNMENT DEPARTMENTS AND INSTITUTIONS GUIDED BY THE DECISION OF THE COMPTROLLER GENERAL, CITED BY THE SECRETARY OF THE U.S. EMPLOYEE'S COMPENSATION COMMISSION, AND REFUSED TO REIMBURSE THE HOSPITAL FOR THE MEDICAL CARE AND TREATMENT OF ANY OF THEIR BENEFICIARIES IT WOULD LEAVE ONLY THE AMOUNT FROM THE DISTRACT OF COLUMBIA AND RECEIVED BY DIRECT APPROPRIATION TO FURNISH CARE AND TREATMENT, INCLUDING HOUSING, FEEDING, CLOTHING, ETC., OF THESE PATIENTS. THE AMOUNT WOULD NOT BE SUFFICIENT TO PAY FOR THE VARIOUS SERVICES RENDERED.

THE U.S. PUBLIC HEALTH SERVICE, THROUGH WHICH THESE TWO PATIENTS WERE RECEIVED, REIMBURSES THE HOSPITAL FOR THE CARE OF ITS BENEFICIARIES; THE U.S. VETERANS' ADMINISTRATION PAYS THE HOSPITAL FOR THE CARE OF ITS BENEFICIARIES; THE BUREAU OF INDIAN AFFAIRS, OF THE DEPARTMENT OF THE INTERIOR, REIMBURSES THE HOSPITAL FOR THE CARE OF ITS BENEFICIARIES, ETC. THE QUESTION THEN ARISES, IS THERE A SEPARATE LAW PERTAINING TO THE BENEFICIARIES OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION, OR SHOULD THESE PATIENTS, EVEN THOUGH BENEFICIARIES OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION WHEN ADMITTED THROUGH THE U.S. PUBLIC HEALTH SERVICE, BE CHARGED TO THE PUBLIC HEALTH SERVICE?

THERE IS A BROADER QUESTION, INASMUCH AS FOR THE FIRST TIME EMPLOYEES OF THE CIVILIAN CONSERVATION CORPS OF THE U.S. GOVERNMENT HAVE BEEN ADMITTED TO SAINT ELIZABETHS HOSPITAL FOR TREATMENT. THE NUMBER OF CITIZENS IN THE C.C.C. CAMPS IS IN THE HUNDREDS OF THOUSANDS. FROM UNOFFICIAL INFORMATION WE HAVE RECEIVED IT IS PROBABLE THAT MANY OF THESE WILL REQUIRE MENTAL CARE AND TREATMENT, AND IF THE HOSPITAL IS NOT REIMBURSED FOR SUCH CARE AND TREATMENT IT WILL MATERIALLY INCREASE THE AMOUNT THAT WILL BE REQUIRED BY DIRECT APPROPRIATION.

IN VIEW OF THIS UNCERTAINTY, I HAVE THE HONOR TO REQUEST, IF IT MEETS WITH YOUR APPROVAL, THAT AN OPINION BE HAD EITHER FROM THE SOLICITOR OF THE DEPARTMENT OF THE INTERIOR, OR FROM THE COMPTROLLER GENERAL OF THE UNITED STATES, AS TO WHETHER A CHARGE SHOULD BE MADE TO REIMBURSE THE HOSPITAL FOR THE CARE AND TREATMENT OF THESE BENEFICIARIES, AND WHETHER SUCH REIMBURSEMENT SHOULD COME FROM THE PUBLIC HEALTH SERVICE, OR THE U.S. EMPLOYEES' COMPENSATION COMMISSION.

ST. ELIZABETHS HOSPITAL WAS ADVISED BY THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION UNDER DATE OF FEBRUARY 4, 1935, AS FOLLOWS:

YOUR BILL NO. 576 FOR $84.76 COVERING BOARD AND CARE OF JOHNO CHUCHOLLEK, ADMITTED DECEMBER 2, AND THOMAS R. HALL, ADMITTED DECEMBER 10, 1934, BENEFICIARIES OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION, AT ST. ELIZABETHS HOSPITAL DURING QUARTER ENDING DECEMBER 31, 1934, HAS BEEN CAREFULLY EXAMINED AND IT IS FOUND THAT NO PART THEREOF MAY BE ALLOWED FOR REASONS HEREINAFTER STATED.

IN ACCORDANCE WITH COMPTROLLER GENERAL MCCARL'S DECISION IT IS DESIRED TO INFORM YOU THAT THE ACT OF SEPTEMBER 7, 1916, 39 STAT. 742 751, CONTAINS NO PROVISION WHEREBY A GOVERNMENT DEPARTMENT OR ESTABLISHMENT MAY BE REIMBURSED FOR MEDICAL AND SURGICAL TREATMENT AND SUPPLIES FURNISHED A BENEFICIARY OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION UNLESS SUCH TREATMENT AND SUPPLIES WERE FURNISHED BY PRIVATE PHYSICIANS OR HOSPITAL AT THE COST OF THE DEPARTMENT OR ESTABLISHMENT SEEKING REIMBURSEMENT. AS ST. ELIZABETHS HOSPITAL IS A GOVERNMENT ESTABLISHMENT THERE IS NO AUTHORITY UNDER WHICH IT MAY BE REIMBURSED FOR MEDICAL, SURGICAL, AND HOSPITAL TREATMENT AND SUPPLIES FURNISHED THROUGH ITS HOSPITAL TO A BENEFICIARY OF THE U.S. EMPLOYEES' COMPENSATION COMMISSION.

IT IS NOT STATED WHETHER THE FIRST NAMED BENEFICIARY, JOHNO CHUCHOLLEK, WAS A MERCHANT SEAMAN OR A SEAMAN IN THE EMPLOY OF THE UNITED STATES. THE FORMER, IT WOULD APPEAR THAT HE IS NOT A BENEFICIARY OF THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION BUT ONLY OF THE PUBLIC HEALTH SERVICE, AND ON THAT BASIS ST. ELIZABETHS HOSPITAL WOULD BE ENTITLED TO REIMBURSEMENT FOR HIS CARE UNDER THE TERMS OF SECTIONS 5 AND 6 OF THE ACT OF MARCH 3, 1875, 18 STAT. 486, AND THE ACT OF JULY 1, 1918, 40 STAT. 644. SEE 4 COMP. GEN. 934, 938. HOWEVER, IF HIS STATUS, NOT HERE DISCLOSED, WAS SUCH AS TO ENTITLE HIM TO THE BENEFITS OF THE EMPLOYEES' COMPENSATION ACT, THE CONCLUSION OF THIS DECISION WOULD BE APPLICABLE TO HIS CASE.

THE SECOND NAMED BENEFICIARY, THOMAS R. HALL, A MEMBER OF THE CIVILIAN CONSERVATION CORPS AT THE TIME OF INJURY, IS ENTITLED TO THE BENEFITS OF THE EMPLOYEES' COMPENSATION ACT UNDER THE TERMS OF THE ACT OF JUNE 19, 1934, 48 STAT. 1056, PROVIDING AS FOLLOWS:

SECTION 3 OF THE ACT ENTITLED "AN ACT FOR THE RELIEF OF UNEMPLOYMENT THROUGH THE PERFORMANCE OF USEFUL PUBLIC WORK, AND FOR OTHER PURPOSES," APPROVED MARCH 31, 1933 (48 STAT. 22), IS HEREBY REPEALED INSOFAR AS SAID ACT APPLIES TO ENROLLEES IN THE CIVILIAN CONSERVATION CORPS, AND IN LIEU THEREOF THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER POSES," APPROVED SEPTEMBER 7, 1916, AS AMENDED (U.S.C., TITLE 5, CH. 15), ARE HEREBY MADE APPLICABLE TO SUCH ENROLLEES UNDER THE SAID ACT OF MARCH 31, 1933, TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS IS PROVIDED FOR EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION IN THE ACT ENTITLED "AN ACT MAKING AN ADDITIONAL APPROPRIATION TO CARRY OUT THE PURPOSES OF THE FEDERAL EMERGENCY RELIEF ACT OF 1933 FOR CONTINUATION OF THE CIVIL WORKS PROGRAM, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 15, 1934 (PUBLIC NUMBERED 93, SEVENTY-THIRD CONGRESS): PROVIDED, THAT SO MUCH OF THE SUM APPROPRIATED IN THE FIRST PARAGRAPH OF TITLE II OF THIS ACT AS THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ESTIMATES AND CERTIFIES TO THE SECRETARY OF THE TREASURY WILL BE NECESSARY FOR ADMINISTRATIVE EXPENSES AND FOR THE PAYMENT OF SUCH COMPENSATION SHALL BE SET ASIDE IN A SPECIAL FUND TO BE ADMINISTERED BY THE COMMISSION FOR SUCH PURPOSES; AND AFTER JUNE 30, 1935, SUCH SPECIAL FUNDS SHALL BE AVAILABLE FOR THESE PURPOSES ANNUALLY IN SUCH AMOUNTS AS MAY BE SPECIFIED THEREFOR IN THE ANNUAL APPROPRIATION ACTS.

THE ACT OF FEBRUARY 15, 1934, 48 STAT. 351, CITED IN THE ABOVE QUOTED STATUTE, PROVIDES IN PART AS FOLLOWS:

* * * PROVIDED FURTHER, THAT THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER PURPOSES," APPROVED SEPTEMBER 7, 1916 (U.S.C., TITLE 5, SEC. 785), AS AMENDED, ARE HEREBY EXTENDED, SO FAR AS THEY MAY BE APPLICABLE, TO EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION ONLY FOR DISABILITY OR DEATH RESULTING FROM TRAUMATIC INJURY WHILE IN THE PERFORMANCE OF DUTY, SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS AND LIMITATIONS: (A) THAT THE TOTAL AGGREGATE COMPENSATION IN ANY INDIVIDUAL CASE SHALL NOT EXCEED, THE SUM OF $3,500, AND THAT THE MONTHLY COMPENSATION SHALL NOT IN ANY EVENT EXCEED THE RATE OF $25,BOTH EXCLUSIVE OF MEDICAL COSTS; * * * (E) THAT THE SAID COMMISSION IS HEREBY AUTHORIZED IN ITS DISCRETION TO PROVIDE FOR THE INITIAL PAYMENTS OF COMPENSATION AND THE FURNISHING OF IMMEDIATE MEDICAL ATTENTION AS HEREIN PROVIDED THROUGH THE LOCAL REPRESENTATIVES OF THE FEDERAL CIVIL WORKS ADMINISTRATION: * * * AND PROVIDED FURTHER, THAT SO MUCH OF THE SUM APPROPRIATED BY THIS ACT AS THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ESTIMATES AND CERTIFIES TO THE SECRETARY OF THE TREASURY WILL BE NECESSARY FOR ADMINISTRATIVE EXPENSES AND FOR THE PAYMENT OF SUCH COMPENSATION SHALL BE SET ASIDE IN A SPECIAL FUND TO BE ADMINISTERED BY THE COMMISSION FOR SUCH PURPOSES; AND AFTER JUNE 30, 1935, SUCH SPECIAL FUND SHALL BE AVAILABLE FOR THESE PURPOSES ANNUALLY IN SUCH AMOUNTS AS MAY BE SPECIFIED THEREFOR IN THE ANNUAL APPROPRIATIONS ACTS: * * *

WHILE THE TERMS OF THE QUOTED STATUTE DIFFERENTIATE BETWEEN MEMBERS OF THE CIVILIAN CONSERVATION CORPS AND OTHER BENEFICIARIES OF THE EMPLOYEES' COMPENSATION ACT AS TO PAYMENTS OF DISABILITY COMPENSATION, THEY DO NOT AUTHORIZE THE FURNISHING OF MEDICAL OR HOSPITAL TREATMENT TO MEMBERS OF THE CIVILIAN CONSERVATION CORPS ON ANY OTHER BASIS THAN AS FURNISHED TO THE OTHER BENEFICIARIES OF THE EMPLOYEES' COMPENSATION ACT, AND PURSUANT ONLY TO THE TERMS OF THAT STATUTE. IN DECISION OF MAY 15, 1934, A-54321, TO THE CHAIRMAN, UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, AFTER QUOTING THE ACT OF FEBRUARY 15, 1934, SUPRA, AND ON THE BASIS OF THE TERMS OF SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT OF SEPTEMBER 7, 1916, AS AMENDED BY THE ACT OF JUNE 26, 1926, 44 STAT. 772, PROVIDING THAT MEDICAL AND HOSPITAL TREATMENT FOR BENEFICIARIES SHOULD BE FURNISHED PRIMARILY THROUGH FEDERAL AGENCIES, IT WAS HELD AS FOLLOWS: IT APPEARS THAT PURSUANT TO THE PROVISIONS OF THIS LAW THERE HAS BEEN MADE AVAILABLE TO THE COMMISSION BY DIRECTION OF THE DIRECTOR, BUREAU OF THE BUDGET, THE SUM OF $25,000,000 WHICH HAS BEEN SET UP UNDER THE TITLE "EMPLOYEES' COMPENSATION FUND, CIVIL WORKS, 1934 AND 1935.'

UNDER THE LAW QUOTED, SUPRA, THERE APPEARS TO BE NO QUESTION THAT THE EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION ARE BROUGHT UNDER THE PROVISIONS OF THE ACT OF 1916 EXTENDING TO THEM THE BENEFITS PROVIDED FOR UNDER SUCH ACT EXCEPT AS MODIFIED BY THE ACT OF FEBRUARY 15, 1934, SUPRA. IN THIS CONNECTION IT SHOULD BE NOTED THAT THERE IS NOTHING IN THE RECENT LAW RELATING TO THE PRIVILEGE OF SUCH EMPLOYEES TO HOSPITAL AND MEDICAL TREATMENT IN UNITED STATES HOSPITALS, THE APPARENT INTENT OF THE LAW BEING THAT THEY SHOULD BE CONSIDERED ON THE SAME BASIS AS IF THEY WERE FULLY COVERED BY THE ACT OF 1916.

IT HAS BEEN REPEATEDLY HELD BY THIS OFFICE THAT UNDER THE PROVISIONS OF SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT OF 1916, AS AMENDED, ARMY HOSPITALS AND OTHER HOSPITALS OF THE UNITED STATES ARE NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF MEDICAL AND HOSPITAL TREATMENT FURNISHED BENEFICIARIES UNDER THE ACT. 6 COMP. GEN. 78; ID. 372. SINCE THE EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION MUST BE CONSIDERED AS BENEFICIARIES UNDER THE ACT OF 1916 THEY WOULD APPEAR TO BE ENTITLED TO CERTAIN TREATMENT IN UNITED STATES HOSPITALS AND FOR SUCH TREATMENT SAID HOSPITALS ARE NOT ENTITLED TO REIMBURSEMENT. THIS HOLDING MUST APPLY BOTH AS TO HOSPITAL AND MEDICAL TREATMENT FURNISHED EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION PRIOR TO AND AFTER THE ENACTMENT OF FEBRUARY 15, 1934.

FOR THE FISCAL YEAR 1936, SPECIAL APPROPRIATION ITEMS HAVE BEEN PROVIDED UNDER THE EMPLOYEES' COMPENSATION COMMISSION EXTENDING THE BENEFITS OF THE EMPLOYEES COMPENSATION ACT TO EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION AND TO THE MEMBERS OF THE CIVILIAN CONSERVATION CORPS. SEE ACT OF FEBRUARY 2, 1935, PUBLIC, NO. 2, 49 STAT.---.

AS THE ACT OF JUNE 19, 1934, SUPRA, EXTENDED THE BENEFITS OF THE EMPLOYEES' COMPENSATION ACT TO MEMBERS OF THE CIVILIAN CONSERVATION CORPS ON THE SAME BASIS AS HAD BEEN PROVIDED BY THE ACT OF FEBRUARY 15, 1934, SUPRA, FOR EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION, THE CONCLUSION OF THE QUOTED DECISION OF MAY 15, 1934, IS EQUALLY APPLICABLE TO MEMBERS OF THE CIVILIAN CONSERVATION CORPS.

IN DECISION OF JUNE 27, 1926, 6 COMP. GEN. 78, 80, CITED IN THE ABOVE QUOTATION, THERE IS CITED THE DECISION OF THE COMPTROLLER OF THE TREASURY OF JUNE 9, 1919, TO THE CHAIRMAN, UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, WHEREIN, AFTER QUOTING SECTION 9 OF THE ORIGINAL EMPLOYEES' COMPENSATION ACT, IT WAS CONCLUDED AS FOLLOWS:

IT SEEMS CLEAR FROM THE LANGUAGE OF THIS SECTION THAT THE USE OF THE EMPLOYEES' COMPENSATION FUND TO PAY FOR HOSPITAL SERVICES FURNISHED INJURED EMPLOYEES IS AUTHORIZED ONLY WHEN SUCH SERVICES ARE FURNISHED BY PRIVATE HOSPITALS AND WHERE IT IS NOT PRACTICABLE TO HAVE THEM FURNISHED BY THE UNITED STATES HOSPITALS. YOU ARE ADVISED, THEREFORE, THAT IF INJURED EMPLOYEES CAN BE SENT TO ST. ELIZABETHS HOSPITAL FOR TREATMENT, PAYMENT FOR SUCH TREATMENT CANNOT BE MADE BY THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION.

YOU ARE ADVISED, THEREFORE, THAT THE SAME WOULD BE TRUE AS TO ANY BENEFICIARY OF THE EMPLOYEES' COMPENSATION COMMISSION, AND ACCORDINGLY, UNDER EXISTING LAW, ST. ELIZABETHS HOSPITAL, A FEDERAL INSTITUTION, IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF CARING FOR THE BENEFICIARIES OF THE EMPLOYEES' COMPENSATION ACT, AND THE ACTION OF THE EMPLOYEES' COMPENSATION COMMISSION IN DENYING PAYMENT WAS CORRECT.