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B-184867 1 (1976-08-03)

handle is hein.gao/gaobaddja0001 and id is 1 raw text is: 01 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: DATE: AUG 3 1976 B-1841567X- MATTER OF: CW2 James B. Rayward, USAR DIGEST: Where record shows that Reserve meber who is claiming entitlement to disability pay and allowances under 37 U.S.C. 204(g)(2) for injury sustained while on inactive duty training, was not medically examined prior to subsequent injury for which he claimed benefits as a civilian Government employee and prior to which he had lost no time from his military duty, subsequent injury should be treated as intervening cause, and since member fails to demonstrate that disability was direct result of injury sustained in line of duty, military disability pay may not be allowed. This decision is in response to letter of January 28, 1976, from C2 James B. Hayward, USAR, requesting further consideration of his claim for pay and allowances incident to a disabling injury reportedly sustained by him on February 3, 1974, while participating in inactive duty training as a member of the United States Army Reserves. Warrant Officer Hayward's claim was disallowed by our Claims Division settlement dated January 6, 1976. The member claims to have sustained an injury to his back while lifting a projector during inactive duty training on February 3, 1974, and that such injury later prevented him from performing his military duties. The record reflects that the member, by his own admission, had injured his back on January 16, 1974, in connection with his civilian employment in the Army Reserve Technician Program. That injury was followed by the event of February 3, 1974. The record ,further reflects that the member injured his back on February 27. 1974, again in connection with his civilian employment and was examined on February 28, 1974, by the civilian physician who apparently had exaRined and treated him for his earlier civilian employment injury. As a result of that latter injury and examination, the member was listed as being in a temporary disability status from his civilian occupation for the period *** V^a Anril 15. 1974. '

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