B-110426, AUGUST 28, 1952, 32 COMP. GEN. 113

B-110426, AUGUST 28, 1952, 32 COMP. GEN. 113

SUBSISTENCE - PER DIEMS - PERIOD OF HOSPITALIZATION - EXPENSE REIMBURSEMENT UNDER EMPLOYEES' COMPENSATION ACT UNDER PARAGRAPH 45C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH PROVIDES FOR REFUND OF PER DIEM ALLOWANCE BY EMPLOYEES IN TRAVEL STATUS WHO RECEIVE HOSPITALIZATION UNDER ANY FEDERAL STATUTE OR WHO RECEIVE REIMBURSEMENT FOR HOSPITAL EXPENSES, AN EMPLOYEE RECEIVING PER DIEM WHO WAS HOSPITALIZED BECAUSE OF AN ACCIDENT, AND WHO OBTAINED REIMBURSEMENT FOR HOSPITAL EXPENSES UNDER THE EMPLOYEES' COMPENSATION ACT IS REQUIRED TO REFUND THE ENTIRE PER DIEM ALLOWANCE RECEIVED DURING THE HOSPITALIZATION PERIOD, EVEN THOUGH REIMBURSEMENT FOR THE FIRST THIRTY DAYS OF HOSPITALIZATION WAS LIMITED TO THE DIFFERENCE BETWEEN THE ACTUAL EXPENSES INCURRED AND PERSONAL INSURANCE PAYMENTS RECEIVED BY THE EMPLOYEE.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, AUGUST 28, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 20, 1952, RELATIVE TO THE CASE OF CHARLES J. CARBONARO, EMPLOYEE OF THE UNITED STATES COAST AND GEODETIC SURVEY, DEPARTMENT OF COMMERCE, WHO WHILE ON TEMPORARY DUTY IN WASHINGTON, D.C., AND IN RECEIPT OF A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE, WAS HOSPITALIZED BECAUSE OF SERIOUS INJURIES RECEIVED IN A TRAFFIC ACCIDENT. IN CONNECTION THEREWITH A DECISION IS REQUESTED AS TO THE APPLICATION OF THE PROVISION OF PARAGRAPH 45C, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED OCTOBER 1, 1950, REQUIRING REFUND OF PER DIEM ALLOWANCE FOR A PERIOD OF HOSPITALIZATION AT GOVERNMENT EXPENSE.

PARAGRAPH 45C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

WHENEVER A TRAVELER TAKES LEAVE OF ABSENCE OF ANY KIND BECAUSE OF BEING INCAPACITATED DUE TO HIS ILLNESS OR INJURY, NOT DUE TO HIS OWN MISCONDUCT, THE PRESCRIBED PER DIEM IN LIEU OF SUBSISTENCE, IF ANY, SHALL BE CONTINUED FOR PERIODS NOT TO EXCEED 14 CALENDAR DAYS (INCLUDING FRACTIONAL DAYS) IN ANY ONE PERIOD OF ABSENCE UNLESS, UNDER THE CIRCUMSTANCES IN A PARTICULAR CASE, A LONGER PERIOD IS APPROVED BY THE PROPER ADMINISTRATIVE OFFICIAL. * * * REFUND OF THE PER DIEM ALLOWANCE SHALL BE REQUIRED FROM THE EMPLOYEE IN ANY CASE WHERE HE RECEIVES HOSPITALIZATION UNDER ANY FEDERAL STATUTE OR RECEIVES REIMBURSEMENT UNDER SUCH STATUTE FOR HOSPITAL EXPENSES PAID BY HIM.

THE INJURY FOR WHICH THE EMPLOYEE WAS HOSPITALIZED OCCURRED ON FEBRUARY 11, 1952. FOR THE PERIOD FROM THAT DAY UNTIL MAY 31, 1952, DURING WHICH THE EMPLOYEE WAS CONFINED TO EMERGENCY HOSPITAL, WASHINGTON, D.C., A NON- GOVERNMENTAL ACTIVITY, THE PER DIEM ALLOWANCE OF $7, PRESCRIBED BY THE EMPLOYEE'S TRAVEL ORDERS, WAS ADMINISTRATIVELY PAID HIM. HE HAS NOW FILED A CLAIM, UNDER THE UNITED STATES EMPLOYEES' COMPENSATION ACT, AS AMENDED, 5 U.S.C. 751-793, WITH THE BUREAU OF EMPLOYEES' COMPENSATION, AND IT APPEARS THAT THE BUREAU HAS ASSUMED THE MEDICAL AND HOSPITAL EXPENSES OF THE EMPLOYEE FROM THE DATE OF INJURY. HOWEVER, WITH REGARD TO THE EXPENSE OF THE FIRST 30 DAYS OF HOSPITALIZATION, DURING WHICH PERIOD THE EMPLOYEE WAS COVERED BY PERSONAL INSURANCE PAYING $10 PER DAY, THE BUREAU HAS ADVISED YOUR DEPARTMENT THAT IT CONSIDERS PROPER FOR REIMBURSEMENT ONLY THE DIFFERENCE BETWEEN THE ACTUAL EXPENSE AND THE PRIVATE INSURANCE PAYMENT, E., THE SUM OF $52. IN VIEW THEREOF, YOU REQUEST A RULING---

* * * AS TO WHICH OF THE FOLLOWING TWO METHODS OF COLLECTION FROM MR. CARBONARO SHOULD BE FOLLOWED IN ORDER TO COMPLY WITH THE ABOVE MENTIONED EXCERPT FROM THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS: 1. A. FOR THE PERIOD 1800 2-11-52 TO 1800 3-12-52, THE

AMOUNT OF THE DIFFERENCE PAID BY THE BUREAU OF

EMPLOYEES COMPENSATION (30 DAYS/----------------------- $ 52.00

B. FOR THE PERIOD 1800 3-12-52 TO 2400 5-31-52 AT

$7.00 PER DIEM (80 1/4 DAYS/----------------------- 561.75 ---------

TOTAL (110 1/4 DAYS/--------------------------------- $613.75

2. FOR THE PERIOD 1800

2-11-52 TO 2400 5-31-52,

110 1/4 DAYS AT $7.00 PER DIEM------------------------- $771.75

SECTION 9 OF THE UNITED STATES EMPLOYEES' COMPENSATION ACT, 5 U.S.C. 759, THE BENEFITS OF WHICH THE EMPLOYEE HAS CLAIMED, PROVIDES THAT FOR ANY INJURY SUSTAINED BY AN EMPLOYEE WHILE IN THE PERFORMANCE OF DUTY--

* * * THE UNITED STATES SHALL FURNISH TO THE EMPLOYEE ALL SERVICES, APPLIANCES, AND SUPPLIES PRESCRIBED OR RECOMMENDED BY DULY QUALIFIED PHYSICIANS WHICH, IN THE OPINION OF THE SECRETARY, ARE LIKELY TO CURE OR TO GIVE RELIEF OR TO REDUCE THE DEGREE OR THE PERIOD OF DISABILITY OR TO AID IN LESSENING THE AMOUNT OF THE MONTHLY COMPENSATION. * * * FOR THE PURPOSES OF THE SECTION REGULATIONS HAVE BEEN PROMULGATED PROVIDING FOR THE FURNISHING OF MEDICAL TREATMENT, HOSPITAL SERVICE, TRANSPORTATION, ETC., OR FOR REIMBURSEMENT OF THE COST OF SUCH SERVICES WHERE PAID BY AN INJURED EMPLOYEE. SEE 20 C.F.R. 2.1 AND 2.12. IN ADMINISTERING THE PROVISIONS OF SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT AND THE REGULATIONS PROMULGATED THEREUNDER, THE BUREAU OF EMPLOYEES' COMPENSATION HAS UNDERTAKEN TO REIMBURSE THE EMPLOYEE FOR HOSPITAL EXPENSES PAID BY HIM. AS THE REFUND REQUIREMENT OF PARAGRAPH 45C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IS WITH REFERENCE TO HOSPITALIZATION OR REIMBURSEMENT UNDER A FEDERAL STATUTE, THE SITUATION HERE INVOLVED MUST BE CONSIDERED AS WITHIN THE PURVIEW OF THAT PROVISION. ACCORDINGLY, YOU ARE ADVISED THAT THE ENTIRE PER DIEM ALLOWANCE RECEIVED BY THE EMPLOYEE FOR THE PERIOD OF HOSPITALIZATION INVOLVED--- AS COVERED BY YOUR METHOD 2--- IS FOR REFUNDING UNDER PARAGRAPH 45C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.