Document Number (FOIA) /ESDN (CREST):
CIA-RDP78-04718A001000270048-1
Body:
Approved For Release 2002/0111it C-CSts XV0270 48-1
?"'k'Q "n OG Has Reviewed
oy. ~r,ar~gr TS
Nov
MEMORANDUM FOR:
FROM:
SUBJECT:
Acting Deputy Director (Administration)
1. You have requested the opinion of this office concerning the payment
of the hospitalization and medical expenses incurred
since hi5STATINTL
termination from the Agency in February 1953. The additional question of
payment of compensation for time lost from work during the period of his
disability is also raised.
2. Although two decisions of the Board of Appeals, Bureau of Em-
ployees Compensation, have been found in favor of the claimant in somewhat
analogous type cases, the subject's illness is not normally considered to be
compensable by the Bureau of Employees Compensation. In addition, it
is the understanding of this office that the two favorable awards mentioned
above were found by the Appeals Board over the strenuous objection of the
Bureau and in all probability will not be followed in the future.
3. The special authorities of this Agency for the payment of the expenses
of hospitalization and medical bills extends only to illness or injury incurred
in line of duty "while such person is assigned abroad. "
4. In normal practice where a case is presented to the Bureau of Em-
ployees Compensation by another agency, even though it may be questionable
insofar as final determination of compensability is concerned, the Bureau
assumes the hospitalization and medical expenses pending final determination.
Approved For Release 2002/01/23 : CIA-RDP78-04718AO01000270048-1
Approved For Release 2002/01/23 : CIA-RDP78-04718AO01000270048-1
It must be pointed out, however, that such expenses are assumed by placing
the claimant in Governmental facilities. Where the claimant enters private
facilities he bears the expense pending final determination.
5. As for compensation for time lost from work, that is to a certain
extent at the election of the individual. He may utilize the sick leave standing
to his credit and then upon a favorable finding, claim compensation from
the Bureau for the time lost and not compensated by sick leave, or, after a
favorable finding may elect to repay the sick leave taken and then claim com-
pensation from the Bureau for the total time lost.
6. Although nothing is found in the information available to this office
to indicate that this case should have been processed to the Bureau and term-
ination delayed pending the Bureau's determination, the increased knowledge
of the Agency since that date would appear to determine that such action would
have been reasonable,
7. Had the case been presented to the Bureau and the subject hospitalized
in Government facilities, the cost of his treatment and hospitalization could
well have been borne by the Federal Government had security considerations
allowed such a course of action.
Approved For Release 2002/01/23 : CIA-RDP78-04718AO01000270048-1