B-132338, JUL. 9, 1957

B-132338: Jul 9, 1957

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THE EXPENSES FOR WHICH REIMBURSEMENT IS CLAIMED AROSE OUT OF A SITUATION DETERMINED BY THE PUBLIC HEALTH SERVICE NOT TO BE INCIDENT TO AN EMERGENCY AND WERE VOLUNTARILY INCURRED WITHOUT AUTHORIZATION OF THAT SERVICE. YOUR CLAIM WAS DISALLOWED BECAUSE NO LEGAL BASIS EXISTS FOR THE PAYMENT OF HOSPITALIZATION AND BURIAL EXPENSES OTHER THAN BY AUTHORIZATION OF THE PUBLIC HEALTH SERVICE IN SUCH CIRCUMSTANCES. YOUR LETTERS INDICATE THAT YOUR BROTHER BECAME ILL AND DIED WHILE HIS SHIP WAS ENROUTE FROM MANILA TO SAN FRANCISCO BY WHICH ALLEGATION YOU SEEK TO REFUTE THE ADMINISTRATIVE FINDING THAT THE EXPENSES OF PRIVATE HOSPITALIZATION WERE VOLUNTARILY INCURRED. YOU HAVE FURNISHED NO EVIDENCE OF THIS BEYOND YOUR OWN STATEMENTS.

B-132338, JUL. 9, 1957

TO MR. CIRIACO O. ACOP:

YOUR LETTERS OF APRIL 30, 1957, REQUEST REVIEW OF OUR OFFICE SETTLEMENT DATED FEBRUARY 19, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF HOSPITALIZATION AND BURIAL EXPENSES OF YOUR LATE BROTHER, EMETERIO A. ACOP, FORMER EMPLOYEE OF THE MILITARY SEA TRANSPORTATION SERVICE, PACIFIC AREA.

THE EXPENSES FOR WHICH REIMBURSEMENT IS CLAIMED AROSE OUT OF A SITUATION DETERMINED BY THE PUBLIC HEALTH SERVICE NOT TO BE INCIDENT TO AN EMERGENCY AND WERE VOLUNTARILY INCURRED WITHOUT AUTHORIZATION OF THAT SERVICE. YOUR CLAIM WAS DISALLOWED BECAUSE NO LEGAL BASIS EXISTS FOR THE PAYMENT OF HOSPITALIZATION AND BURIAL EXPENSES OTHER THAN BY AUTHORIZATION OF THE PUBLIC HEALTH SERVICE IN SUCH CIRCUMSTANCES.

YOUR LETTERS INDICATE THAT YOUR BROTHER BECAME ILL AND DIED WHILE HIS SHIP WAS ENROUTE FROM MANILA TO SAN FRANCISCO BY WHICH ALLEGATION YOU SEEK TO REFUTE THE ADMINISTRATIVE FINDING THAT THE EXPENSES OF PRIVATE HOSPITALIZATION WERE VOLUNTARILY INCURRED. YOU HAVE FURNISHED NO EVIDENCE OF THIS BEYOND YOUR OWN STATEMENTS. THE ADMINISTRATIVE REPORT RECEIVED HERE IN CONNECTION WITH YOUR CLAIM STATES THAT THE DECEDENT HAD LEFT HIS LAST SHIP, U.S.N.S. GENERAL C. G. MORTON AT SAN FRANCISCO ON JANUARY 20, 1952, TO ENTER INTO A SICK LEAVE STATUS AND WHILE IN SUCH STATUS VOLUNTARILY ENTERED THE PRIVATE MARY'S HELP HOSPITAL IN SAN FRANCISCO, WHERE HE DIED ON FEBRUARY 2, 1952. REGARDING FACTS ADMINISTRATIVELY REPORTED, THIS OFFICE MUST ACCEPT THE ADMINISTRATIVE REPORT AS CONTROLLING IN THE ABSENCE OF EVIDENCE OF SUFFICIENT WEIGHT TO REMOVE THE PRESUMPTION OF THE CORRECTNESS OF THE ADMINISTRATIVELY REPORTED FACTS.

THEREFORE, SINCE IT IS ADMINISTRATIVELY REPORTED THAT PUBLIC HEALTH SERVICE AUTHORIZATION IN THIS CASE WAS NOT SOUGHT PRIOR TO HOSPITALIZATION OF YOUR BROTHER AT A PRIVATE FACILITY AND THAT SUCH HOSPITALIZATION WAS ELECTIVE RATHER THAN EMERGENT, OUR SETTLEMENT OF FEBRUARY 13, 1957, MUST BE SUSTAINED.