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Compensation under the MCA for personal injury
or death will include items such as medical expenses,
lost earnings, diminished earning capacity, pain and
suffering, and permanent disability. Usually, local
standards are applied.
The following amounts are excluded from a
claimant’s MCA recovery:
Interest
Cost of preparing the claim
Attorney’s fees
Compensation for inconvenience to the claimant
The Department of the Navy may pay MCA claims
up to $ l00,000. If the Secretary of the Navy considers
that a claim in excess of $100,000 is meritorious, a
partial payment of $100,000 may be made with the
balance referred to the General Accounting Office for
payment from appropriations provided therefore.
STATUTE OF LIMITATIONS
A claim under the MCA may not be paid unless it is
presented in writing within 2 years after it accrues. The
statute of limitations may he suspended during time of
armed conflict. The rules governing presentment of the
claim are substantially similar to those under the FTCA.
PROCEDURES
The investigation and adjudication procedures for
MCA claims are substantially similar to those for FTCA
claims. In fact, many claims paid under the MCA were
initially presented as FTCA claims. The significant
procedural differences under MCA are as follows:
. Advance payments.
In limited circumstances,
the Secretary of the Navy, or a designee, is authorized
to make an advance payment not to exceed $1,000 to,
or on behalf of, any person suffering injury, death, or
property damage resulting from an incident covered by
the MCA or the FCA. This payment may be made
before the claimant presents a written claim. Advance
payments may be made only when the claimant or the
claimant’s family is in immediate need of funds for
necessities (shelter, clothing, medical care, or burial
expenses). Other resources must not be available, An
advance payment is not an admission of government
liability. The amount of the advance payment will be
deducted from any settlement subsequently authorized.
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. Dollar limits on adjudicating authorities. FTCA
adjudicating authorities also adjudicate MCA claims.
Dollar limitations are set forth in par. 9, enclosure (2) of
JAGINST 5890.1. All adjudicating authorities may
make advance payments.
. Claimant’s right to appeal. There is no right to
sue under the MCA after an administrative denial of an
MCA claim. If an MCA claim is denied, in whole or in
part, the claimant may appeal to JAG within 30 days
after the denial.
Claim Form
A claim is correct in form if it constitutes written
notification of an incident, signed by the claimant or a
duly authorized agent or legal representative, with a
claim for money damages in a sum certain. A Standard
Form 95 is preferred. A claim should be substantiated.
A claim must be substantiated as required by JAGINST
5890.1 in order to be paid.
A proper claim maybe amended by the claimant at
any time before final denial or payment of the claim. An
amendment is submitted in writing and signed by the
claimant or a duly authorized agent or legal
representative.
Payment
Claims approved for payment are sent to such
disbursing officers as are designated by the Comptroller
of the Navy for payment from appropriations designated
for that purpose.
Final Disposition
The adjudicating authority notifies the claimant, in
writing, of the action taken on the claim. A final denial,
in whole or in part, of any MCA claim will be in writing
and sent to the claimant, or his or her attorney or legal
representative, by certified or registered mail, return
receipt requested.
The notification of denial will
include a statement of the reason(s) for denial and that
the claimant may appeal. The notification will also
inform the claimant of the following:
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The title of the appellate authority who will act
on the appeal and that the appeal will be
addressed to the adjudicating authority who last
acted on the claim.
No form is prescribed for the appeal, but the
grounds for appeal should be set forth fully.
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