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B-191395 1 (1978-09-12)

handle is hein.gao/gaobadgiq0001 and id is 1 raw text is: THE3 CCMPI'TRCLLIErR OENERA DEiCISION 1. / i. F T HEr U N I T~ H KITATED- WASHINGTON, D. C, 2054U FILE: B-191395 DATE: Zepte:cer t2, 1)73 MATTER OF: Andrew L. Kulp - Insurance proceeds for admin- istrative leava DIGEST: 1. Since neither the Federal Medical Care Recovery Act, 42 U. S. C. 52651, nor other authority gave the U. S. the right to collect from the liability in- surer of a negligent driver the value of adminis- trative leave granted an injured officer of Secret Service Uniformed Division under 5 U. S. C. £6324, the amount mistakenly collected may be paid to the officer. 2. Without legislative authority, the U. S. has no legal claim against third-party tort feasors or their liability insurers for benefits the U. S. provides persons because of injuries caused by tort feasors. Under Supreme Court decisions, such claims in- volve fiscal policy for Congress to decide. How- ever, in a proper case, the U. S. can have a valid claim as a third-party beneficiary under insurance contract te.-ims such as for no-fault, medical pay- me-it. and uninsured motorist coverages. Court cases cited. This action respends to a request from the Director of the Secret Service for an opinion whether Officer Andrew L. Kulp is entitled to insurance procecdsi paid by the insurance company to the United States for administrative leave granted to Officer Kulp under 5 U. S. C. §6324 because of injury sustained in the line of duty. During a routine scooter patrol for the Executive Protective Scr- vice (now the Secret Service Uniformed Division) on October 27, 1975, Officer Kulp suffered a knee injury in the District of Columbia when an automobile backed into the scooter he was operating. His administrative leave, authorized for 112 hours because of his injury, was valued at $644, based on an hourly wage of $5. 75. In addition, the Government's expense for Officer Kulp's medical treatment was $151. 74. Officer Kulp retained a private attorney who proceeded to settle with the liability insurer of the driver causing the injury. On De- cember 22, 1975, the Executive Protective Service requested the i-i

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