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B-199837 1 (1980-11-10)

handle is hein.gao/gaobadirh0001 and id is 1 raw text is: i - & 46~ 1- THE COMPTROLLER GENERAL DECISIONC OF THE UNITED STATEB WASHINGTON. O.C. 2054e UN ITED0 FILE: B-199837 MATTER OF: LIG T: CATE:November 10, 1980 Master Sergeant Dwain R. Smith, ANG A member of Ohio Air National Guard underwent surgery for a herniated disc by a civilian physician and asserts entitlement to disability continuation pay and allowances under 37 U.S.C. 204(h) but did not notify appropriate service authorities until after he was released by his civilian physician nearly 2 years after the injury. Where a member fails to notify appro- priate service authorities thereby preventing them from making a contem- poraneous investigation of the accident and injury, a determination of his disability and their interconnection, his right to pay and allowances during the period of his disability has not been established and will not be allowed. Compare 47 Comp. Gen. 716 (1968). This action is in response t a request from Master Sergeant Dwain R. Smith, ANG, for further cqnsideration of h-isclaim for 9,sability continpationpay and allow- ances b lieved dug for-the p&riods June 6t rough June 19, 1977, and February 1 through May 19, 1978, incident to his service as a member of the Ohio Air National Guard. This claim was the subject of a settlement by our Claims Group dated June 10, 1980, which disallowed it on the basis that he did not promptly report the accident and injury to appropriate service authorities nor did he comply with regulations requiring monthly certification of his continuing disability. Sergeant Smith states that he could,not promptly report the injury as he was unaware of its nature and extent until after the occurrence and it had been corrected. He also asserts that to deny payment is a disregard of the spirit of the law. q-ey

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