A-62111, JULY 23, 1935, 15 COMP. GEN. 65

A-62111: Jul 23, 1935

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ONLY IN THE EVENT AND TO THE EXTENT IT SHOULD BE FOUND THAT ADDITIONAL WORK HAS BEEN OR WILL BE IMPOSED ON THE MEDICAL AND HOSPITAL FACILITIES OF THE NAVY DEPARTMENT BY REASON OF TREATING THIS NEW CLASS OF EMPLOYEES. 1935: THERE WAS RECEIVED YOUR LETTER OF MAY 15. IT WAS HELD THAT "THERE IS NO AUTHORITY OF LAW FOR REIMBURSING" CERTAIN GOVERNMENT HOSPITALS. WHICH WAS BASED ON PRIOR DECISIONS OF YOUR OFFICE (6 COMP. WAS SUSTAINED ON RECONSIDERATION OF AUGUST 6. ESTIMATES AND CERTIFIES TO THE SECRETARY OF THE TREASURY WILL BE NECESSARY FOR THE PAYMENT OF SUCH COMPENSATION AND ADMINISTRATIVE EXPENSES SHALL BE SET ASIDE IN A SPECIAL FUND TO BE ADMINISTERED BY THE COMMISSION FOR SUCH PURPOSES.

A-62111, JULY 23, 1935, 15 COMP. GEN. 65

MEDICAL TREATMENT - BENEFICIARIES OF THE EMPLOYEES' COMPENSATION COMMISSION - EMPLOYEES RECEIVING ,SECURITY PAYMENTS" THE APPROPRIATION MADE BY THE JOINT RESOLUTION DATED APRIL 8, 1935, 49 STAT. 117, WOULD BE AVAILABLE FOR PAYING THE COST OF MEDICAL TREATMENT THROUGH FACILITIES OF THE NAVY DEPARTMENT TO EMPLOYEES RECEIVING "SECURITY PAYMENTS" UNDER SAID APPROPRIATION, AS BENEFICIARIES OF THE EMPLOYEES' COMPENSATION COMMISSION, ONLY IN THE EVENT AND TO THE EXTENT IT SHOULD BE FOUND THAT ADDITIONAL WORK HAS BEEN OR WILL BE IMPOSED ON THE MEDICAL AND HOSPITAL FACILITIES OF THE NAVY DEPARTMENT BY REASON OF TREATING THIS NEW CLASS OF EMPLOYEES, AND THE PRESIDENT SHOULD MAKE AN ALLOCATION OF A PART OF THE APPROPRIATION FOR EXPENDITURE BY THE NAVY DEPARTMENT TO TAKE CARE OF THE ADDITIONAL WORK THUS IMPOSED UPON SAID DEPARTMENT IN FURNISHING SUCH SERVICES TO SUCH INJURED EMPLOYEES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 23, 1935:

THERE WAS RECEIVED YOUR LETTER OF MAY 15, 1935, AS FOLLOWS:

IN YOUR DECISION OF MAY 15, 1934, A-54321, IT WAS HELD THAT "THERE IS NO AUTHORITY OF LAW FOR REIMBURSING" CERTAIN GOVERNMENT HOSPITALS, INCLUDING NAVAL HOSPITALS,"FOR HOSPITAL AND MEDICAL TREATMENT FURNISHED EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION UNDER FUNDS ALLOTTED" TO THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION "UNDER THE ACT OF FEBRUARY 15, 1934" (48 STAT. 351). THIS DECISION, WHICH WAS BASED ON PRIOR DECISIONS OF YOUR OFFICE (6 COMP. GEN. 78; ID. 372), WAS SUSTAINED ON RECONSIDERATION OF AUGUST 6, 1934, A 54321.

SECTION 2 OF THE JOINT RESOLUTION "MAKING APPROPRIATIONS FOR RELIEF PURPOSES" (PUBLIC RESOLUTION NO. 11--- 74TH CONGRESS), APPROVED APRIL 8, 1935, PROVIDES:

"SEC. 2. * * * THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1934 (48 STAT. 351), RELATING TO DISABILITY OR DEATH COMPENSATION AND BENEFITS SHALL APPLY TO THOSE PERSONS RECEIVING FROM THE APPROPRIATION MADE HEREIN, FOR SERVICES RENDERED AS EMPLOYEES OF THE UNITED STATES, SECURITY PAYMENTS IN ACCORDANCE WITH SCHEDULES ESTABLISHED BY THE PRESIDENT: PROVIDED, THAT SO MUCH OF THE SUM HEREIN APPROPRIATED AS THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, WITH THE APPROVAL OF THE PRESIDENT, ESTIMATES AND CERTIFIES TO THE SECRETARY OF THE TREASURY WILL BE NECESSARY FOR THE PAYMENT OF SUCH COMPENSATION AND ADMINISTRATIVE EXPENSES SHALL BE SET ASIDE IN A SPECIAL FUND TO BE ADMINISTERED BY THE COMMISSION FOR SUCH PURPOSES; * * *.'

THE ABOVE-QUOTED PROVISION WHEN READ IN CONNECTION WITH THE GENERAL PROVISIONS OF THE JOINT RESOLUTION OF APRIL 8, 1935, APPEARS TO SET UP A SYSTEM FOR THE MEDICAL AND HOSPITAL CARE OF PERSONS RECEIVING "SECURITY PAYMENTS" (OR WAGES) AS "EMPLOYEES OF THE UNITED STATES" IN THE SAME MANNER AS PROVIDED BY THE ACT OF FEBRUARY 15, 1934, SUPRA, WITH RESPECT TO EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION. UNDER THE FEDERAL CIVIL WORKS ADMINISTRATION A LARGE NUMBER OF EMPLOYEES ENGAGED ON PROJECTS AT NAVAL STATIONS WERE GIVEN FIRST AID AND HOSPITAL TREATMENT BY THE NAVY, NO DISTINCTION IN THIS RESPECT BEING MADE BETWEEN SUCH EMPLOYEES AND REGULAR EMPLOYEES OF THE NAVAL ESTABLISHMENT AT SUCH STATIONS. THE NAVY DEPARTMENT'S INSTRUCTIONS RELATIVE TO MEDICAL AND HOSPITAL CARE FOR EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION WERE PREDICATED ON THE UNDERSTANDING THAT REIMBURSEMENT WOULD BE RECEIVED FROM THE U.S. EMPLOYEES' COMPENSATION COMMISSION FOR THE EXPENSES OF HOSPITALIZATION, BUT, AS ALREADY KNOWN, THE BILLS SUBMITTED BY THE BUREAU OF MEDICINE AND SURGERY OF THE NAVY DEPARTMENT WERE DISALLOWED IN ACCORDANCE WITH YOUR DECISION OF AUGUST 6, 1934.

THE EMPLOYMENT PROGRAM SET UP BY THE JOINT RESOLUTION OF APRIL 8, 1935, IS FAR MORE EXTENSIVE THAN WAS THE CIVIL WORKS ADMINISTRATION EMPLOYMENT PROGRAM AND WILL AGAIN INCLUDE RELIEF WORKERS AT NAVAL STATIONS. THIS MEANS THAT THE SAME SITUATION REGARDING INJURY TO SUCH EMPLOYEES WILL BE PRESENTED. THE NAVY DEPARTMENT DOES NOT FEEL THAT IT CAN OR SHOULD ABSORB THE COSTS OF THIS MEDICAL AND HOSPITAL CARE FROM FUNDS SPECIFICALLY APPROPRIATED FOR OTHER PURPOSES OR DRAWN FROM A FUND HELD IN TRUST FOR THE PERSONNEL OF THE NAVY. IN THIS CONNECTION PARTICULAR ATTENTION IS INVITED TO SECTION 11 OF JOINT RESOLUTION OF APRIL 8, 1935, READING AS FOLLOWS:

"SEC. 11. NO PART OF THE FUNDS HEREIN APPROPRIATED SHALL BE EXPENDED FOR THE ADMINISTRATIVE EXPENSES OF ANY DEPARTMENT, BUREAU, BOARD, COMMISSION, OR INDEPENDENT AGENCY OF THE GOVERNMENT IF SUCH ADMINISTRATIVE EXPENSES ARE ORDINARILY FINANCED FROM ANNUAL APPROPRIATIONS, UNLESS ADDITIONAL WORK IS IMPOSED THEREUPON BY REASON OF THIS JOINT RESOLUTION.'

WHILE SECTION 11 DOES NOT IN TERMS AUTHORIZE PAYMENT TO NAVAL HOSPITALS AND OTHER GOVERNMENT HOSPITALS OF THE EXPENSES OF MEDICAL AND HOSPITAL CARE FURNISHED "EMPLOYEES OF THE UNITED STATES" RECEIVING "SECURITY PAYMENTS," AS MENTIONED IN SECTION 2, SUPRA, IT IS BELIEVED THAT SECTION 11 CLEARLY CONTEMPLATES THAT SUCH PAYMENTS SHOULD BE MADE TO THE GOVERNMENT HOSPITALS CONCERNED FOR ALL EXPENSES WHICH MAY BE INCURRED INCIDENT TO THE "ADDITIONAL WORK" WHICH WILL BE "IMPOSED" UPON SUCH GOVERNMENT HOSPITALS, WHICH BELIEF AS TO THE LEGISLATIVE INTENT SEEMS CLEARLY MANIFESTED BY THE ABOVE ITALICIZED PORTION OF SECTION 11.

YOUR DECISION IS REQUESTED AS TO WHETHER SECTION 11 OF PUBLIC RESOLUTION NO. 11, APPROVED APRIL 8, 1935, AUTHORIZES PAYMENT TO NAVAL HOSPITALS, FROM THE SPECIAL FUND MADE AVAILABLE TO THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION UNDER SECTION 2 OF SAID RESOLUTION, OF THE COST OF MEDICAL AND HOSPITAL CARE FURNISHED BY THE NAVY DEPARTMENT TO EMPLOYEES COMING WITHIN THE PROVISIONS OF SAID SECTION 2.

IN DECISION OF MAY 15, 1934, A-54321, CITED BY YOU, AFTER QUOTING FROM THE ACT OF FEBRUARY 15, 1934, 48 STAT. 351, CITED IN SECTION 2 OF THE JOINT RESOLUTION OF APRIL 8, 1935, IT WAS HELD:

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.

IN THE RECONSIDERATION OF AUGUST 6, 1934, BASED ON YOUR LETTER OF JUNE 26, 1934, CALLING ATTENTION TO THE SPECIFIC ITEM IN THE ANNUAL APPROPRIATION FOR THE EMPLOYEES' COMPENSATION FUND, AUTHORIZING REIMBURSEMENT OF ARMY AND NAVY HOSPITALS, IT WAS HELD:

WHILE IT MAY BE THAT UNDER THE ANNUAL APPROPRIATIONS FOR THE EMPLOYEES' COMPENSATION COMMISSION PROVISION IS MADE FOR PAYMENTS TO ARMY AND NAVY HOSPITALS, SUCH PROVISION COVERS ONLY THE BENEFICIARIES UNDER THE EMPLOYEES' COMPENSATION LAWS AND NOT THE EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION, SAID EMPLOYEES BEING EXTENDED THE PRIVILEGES AND BENEFITS OF THE EMPLOYEES' COMPENSATION LAWS BY VIRTUE OF THE ACT OF FEBRUARY 15, 1934, PUBLIC NO. 93, WHICH, ALSO, APPROPRIATED FUNDS FOR SUCH EMPLOYEES AND FOR THE PAYMENT OF THE COMPENSATION AND BENEFITS CONFERRED UPON THEM UNDER THE EMPLOYEES' COMPENSATION LAWS.

IT SHOULD BE NOTED THAT WHILE THE ACT OF FEBRUARY 15, 1934, EXTENDS TO THE EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION CERTAIN BENEFITS OF THE EMPLOYEES' COMPENSATION LAW THERE IS NOT CONTAINED THEREIN ANY PROVISIONS SUCH AS THOSE CONTAINED IN THE APPROPRIATIONS FOR THE EMPLOYEES' COMPENSATION COMMISSION, THAT IS TO SAY, SPECIFIC PROVISION FOR PAYMENTS TO ARMY AND NAVY HOSPITALS. UNDER SUCH CIRCUMSTANCES THERE ARE FOR APPLICATION THE DECISIONS OF THIS OFFICE PRIOR TO THE TIME THE APPROPRIATIONS FOR THE EMPLOYEES' COMPENSATION COMMISSION WERE CHANGED TO INCLUDE PAYMENTS TO ARMY AND NAVY HOSPITALS. IN OTHER WORDS, SUCH GOVERNMENT HOSPITALS ARE NOT ENTITLED TO REIMBURSEMENT FOR CARE OF FEDERAL CIVIL WORKS ADMINISTRATION EMPLOYEES.

IN DECISION OF SEPTEMBER 4, 1934, GIVING FURTHER CONSIDERATION TO THE MATTER, IN RESPONSE TO LETTER FROM THE SECRETARY OF WAR, DATED AUGUST 2, 1934, WHEREIN HE CALLED ATTENTION TO A PROVISO IN THE ACT OF FEBRUARY 15, 1934, SUPRA, WHICH HAD NOT BEEN QUOTED OR SPECIFICALLY CONSIDERED IN THE DECISION OF MAY 15, 1934, IT WAS STATED:

WHILE THE PROVISO REFERRED TO IN THE ABOVE LETTER EXEMPTS FROM THE INHIBITION AGAINST ALLOTMENTS FOR EXPENDITURE "UNDER ANY OTHER DEPARTMENT OR ESTABLISHMENT OF THE GOVERNMENT" ALLOTMENTS NECESSARY FOR "MEDICAL, SURGICAL, AND HOSPITAL SERVICES," THIS OFFICE IS NOT ADVISED THAT THERE HAS BEEN ANY ALLOTMENT BY THE PRESIDENT OF ANY PART OF THE APPROPRIATION FOR EXPENDITURE BY THE WAR DEPARTMENT IN FURNISHING SUCH SERVICES TO INJURED EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION OR FOR EXPENDITURE BY THE EMPLOYEES' COMPENSATION COMMISSION IN REIMBURSING THE WAR DEPARTMENT FOR THE COST OF FURNISHING SUCH SERVICES.

THE FUND MADE AVAILABLE BY THE ACT OF FEBRUARY 15, 1934, 48 STAT. 351, FOR EXPENDITURE BY THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION ON ACCOUNT OF EXTENDING THE PROVISIONS OF THE ACT OF SEPTEMBER 7, 1916, 39 STAT. 742, TO EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION, WITH CERTAIN LIMITATIONS, IS THAT COVERED IN THE 4TH PROVISO OF SAID ACT OF FEBRUARY 15, 1934, AS FOLLOWS:

"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 APPROPRIATION ACT: "

WHEN THE CONGRESS EXTENDED THE BENEFITS OF THE ORGANIC ACT TO INJURED EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION IT MUST HAVE KNOWN THAT THE MEDICAL, SURGICAL, AND HOSPITAL SERVICES PROVIDED FOR THEREUNDER WERE FURNISHED PRIMARILY THROUGH GOVERNMENTAL FACILITIES AND IF NOT PRACTICABLE, THEN THROUGH PRIVATE AGENCIES.

SEE ALSO 14 COMP. GEN. 706 WITH REGARD TO SAINT ELIZABETHS HOSPITAL.

THE PROVISION IN SECTION 2 OF THE JOINT RESOLUTION OF APRIL 8, 1935, QUOTED IN YOUR LETTER, EXTENDING THE BENEFITS OF THE EMPLOYEES' COMPENSATION ACT TO "PERSONS RECEIVING FROM THE APPROPRIATION MADE HEREIN, FOR SERVICES RENDERED AS EMPLOYEES OF THE UNITED STATES, SECURITY PAYMENTS IN ACCORDANCE WITH SCHEDULES ESTABLISHED BY THE PRESIDENT," AND THE AUTHORITY FOR SETTING UP A SPECIAL FUND FOR THAT PURPOSE, IS SUBSTANTIALLY THE SAME AS IN THE ACT OF FEBRUARY 15, 1934, AND THERE ARE FOR APPLICATION THE SAME RULES STATED IN THE QUOTED DECISIONS.

THE PROVISIONS OF SECTION 11 OF THE JOINT RESOLUTION QUOTED IN YOUR LETTER DO NOT ENLARGE THE AVAILABILITY OF THE APPROPRIATED FUNDS AS OTHERWISE FIXED IN THE JOINT RESOLUTION, BUT ON THE CONTRARY, RESTRICT THE USES OF SUCH APPROPRIATED FUNDS FOR THE ADMINISTRATIVE EXPENSES OF THE REGULAR DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT TO THOSE NECESSARY BY REASON OF ADDITIONAL WORK IMPOSED ON THEM BY THE JOINT RESOLUTION. ACCORDINGLY, THE APPROPRIATION MADE BY THE JOINT RESOLUTION WOULD BE AVAILABLE FOR PAYING THE COST OF MEDICAL AND SURGICAL TREATMENT FURNISHED THROUGH THE FACILITIES OF THE NAVY DEPARTMENT TO EMPLOYEES PAID UNDER SUCH APPROPRIATION ONLY IN THE EVENT, AND TO THE EXTENT, IT SHOULD BE FOUND THAT ADDITIONAL WORK HAS BEEN OR WILL BE IMPOSED ON THE MEDICAL AND HOSPITAL FACILITIES OF THE NAVY DEPARTMENT BY REASON OF TREATING THIS NEW CLASS OF EMPLOYEES, AND THE PRESIDENT SHOULD MAKE AN ALLOCATION OF A PART OF THE APPROPRIATION FOR EXPENDITURE BY THE NAVY DEPARTMENT TO TAKE CARE OF THE ADDITIONAL WORK THUS IMPOSED UPON SAID DEPARTMENT IN FURNISHING SUCH SERVICES TO SUCH INJURED EMPLOYEES.