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Claim Form
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Military Personnel and Cvilian Employees' Claims Act
The appeal must be submitted within 30 days of receipt by the claimant of notice of action on the claim. Appeal A claim that is disapproved in whole or in part may be appealed by the claimant at any time within 30 days after  receipt  of  notification  of  disapproval.  An  appeal will be in writing and state the grounds relied upon. An appeal is not an adversary proceeding and a hearing is not authorized; however, the claimant may obtain and submit any additional evidence or written argument for consideration  by  the  appellate  authority. Processing  of  the  appeal  may  be  delayed  pending further efforts by the adjudicating authority to settle the claim. Where the adjudicating authority does not reach a final agreement on an appealed claim, he or she will send the entire claim file to the next higher settlement authority who is the appellate authority for that claim. The appellate authority will notify the claimant in writing  of  the  determination  on  appeal;  that  such determination constitutes the final administrative action on the claim; and there is no right to sue under the MCA. EXAMPLES 1. Facts. A   Navy   aircraft   crashed,   utterly demolishing  an  automobile  owned  by  Mr.  Smashed,  a civilian. Mr. Smashed has presented an MCA claim for the fair market value of his car. Can he recover? Solution. Yes. This claim falls under the second theory  of  MCA  liability—an  incident  arising  out  of noncombat activities of a peculiarly military nature. None  of  the  exclusions  from  liability  apply.  This incident  does  not  involve  an  exempted  governmental activity. It is not covered by any other claim statute. The FTCA would not apply because the facts do not indicate any  negligence  by  any  federal  employee.  (If  the  crash had been caused by the Navy pilot’s negligence, it would be  compensable  under  the  FTCA.)  Mr.  Smashed  does not belong to an excluded class of claimants. There is no evidence that his actions in any way caused the incident; therefore, Mr. Smashed can recover the value of his car-less any salvage value. 2. Facts.  While  conducting  gunnery  exercises aboard  USS   Shotinthedark,  naval   personnel miscalculated and accidentally shot a shell into the fleet parking  lot. The   shell   completely   destroyed   an automobile owned by ENS Noluck who was on duty aboard one of the ships tied up at a nearby pier. ENS Noluck has filed an MCA claim. Is this claim payable under the MCA? Solution  No.  Although  this  incident  involved noncombatant  activities  of  a  peculiarly  military  nature and was also caused by naval personnel acting within the  scope  of  employment,  the  MCA  does  not  apply.  A claim  that  is  cognizable  under  the  Military  Personnel and Civilian Employees’ Claims Act is not payable under  the  MCA.  Because  compensation  for  this  motor vehicle loss is available as a personnel claim, it is not payable  under  the  MCA.  However,  ENS  Noluck’s recovery will be limited to the $2,000 amount prescribed under the personnel claims regulations and not the greater  amount  payable  under  the  MCA. Special  points.    Perhaps you were thinking that, since  the  Military  Personnel  and  Civilian  Employees’ Claims Act limits payments for automobile claims to $2,000, the MCA could be used to pay the amount of ENS Noluck’s loss that is in excess of the $2,000 limit. No  such  luck. JAG  has  interpreted  the  phrase cognizable  under  the  Military  Personnel  and  Civilian Employees’ Claims Act to mean payable under the Military Personnel and Civilian Employees’ Claims Act. Accordingly,  in  this  particular  situation,  the  Military Personnel  and  Civilian  Employees’  Claims  Act  is considered to be the exclusive remedy available to pay for the damages to ENS Noluck’s automobile. CLAIMS AGAINST THE GOVERNMENT-SPECIALIZED CLAIMS STATUTES The general claims statutes discussed earlier in this chapter cover abroad range of losses and incidents. The specialized claims statutes are limited to certain types of losses  suffered  by  specific  classes  of  claimants occurring under certain specific circumstances. The specialized claims statutes interact with the general claims statutes in two ways. First, they may permit compensation  for  certain  losses,  claimants,  or  incidents not covered by one of the general claims statutes. Some of  the  specialized  statutes  were  enacted  to  plug  gaps  in the general claims statutes. Second, the specialized claims statutes often act as exclusions from liability under  general  statutes. For example, a claim that otherwise would be payable under the FTCA or the MCA cannot be paid under those statutes if it is also cognizable  under  the  Military  Personnel  and  Civilian Employees’  Claims  Act. 12-14

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