Hambsch v. United States

12 Cl. Ct. 744, 1987 U.S. Claims LEXIS 147
CourtUnited States Court of Claims
DecidedJuly 27, 1987
DocketNo. 135-85C
StatusPublished
Cited by7 cases

This text of 12 Cl. Ct. 744 (Hambsch v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hambsch v. United States, 12 Cl. Ct. 744, 1987 U.S. Claims LEXIS 147 (cc 1987).

Opinion

OPINION

NAPIER, Judge:

This case involves a complaint by a former federal employee alleging an erroneous agency decision regarding his eligibility for paid administrative sick leave.

[746]*746It now comes before the Court on plaintiff’s motion for summary judgment and defendant’s cross-motion for summary judgment. After a careful review of the facts and the applicable law, the Court concludes that plaintiff’s motion should be denied and defendant’s motion should be granted.

Facts

On December 22, 1982, Anthony R. Hambsch, III (plaintiff), a member of the United States Secret Service Uniformed Division (USSSUD) Foreign Missions Branch since 1975, was involved in a motorcycle accident. The accident occurred at the Turkish Embassy in Washington, D.C., while Officer Hambsch was on motor scooter patrol. The accident allegedly caused injury to Officer Hambsch’s right knee, right elbow, wrist, head, hip, kidney, and damage to his right front tooth cap. On the day of the accident, and in accordance with USSSUD procedure, Officer Hambsch submitted a request for an excused absence from his duties due to the injury to his wrist, elbow, and knee, claiming that the injuries were incurred in the performance of duty. On April 22, 1983, the accident was ruled by the Administrative Review Board to have been in the performance of duty, and Officer Hambsch was given paid administrative sick leave for the period between December 22, 1982, and February 27, 1983.

Allegedly due to damage caused by the accident, Officer Hambsch’s front tooth cap came off and had to be reglued on April 4, 1983, July 13, 1983, and September 9, 1983. On February 14, 1984, the cap was replaced. On April 6, 1983, Officer Hambsch submitted a request to have his .cracked tooth cap adjudged to have been incurred in the performance of duty. Due to the fact that Officer Hambsch failed to keep a scheduled appointment at the Metropolitan Police and Fireman’s Clinic after the accident, the Medical Service Officer’s Report noted an absence of evidence that the tooth was injured in the motorcycle accident. On May 3, 1983, Officer Hambsch’s request was denied by Inspector Stephen Hornyak who determined that his failure to have the injury promptly evaluated precluded a finding that the condition was due to his performance of duty.

In May of 1983, Officer Hambsch requested that Inspector Hornyak reconsider his ruling, but he was advised on June 8, 1983, that the initial determination had been reaffirmed because:

1. Mr. Hambsch failed to comply with the requirement that Clinic doctors (or their designees) evaluate all injuries alleged to have been incurred in the performance of duty;

2. he had no right to be reimbursed for the cost of outside medical care without the prior written approval of a Clinic physician; and,

3. in failing to report for the examination as ordered after the accident, he frustrated efforts to ascertain whether his alleged dental injuries were incurred in the performance of duty.

On June 16, 1983, Officer Hambsch requested that a board be convened to hear his appeal. In September he was informed that the Administrative Review Board had affirmed the decision of Inspector Hornyak because there was insufficient evidence that the accident caused or aggravated Officer Hambsch’s dental condition. Officer Hambsch appealed the decision of the Board to the Chief of the Uniformed Division. After further investigation, including an interview with Officer Hambsch’s private dentist, his grievance was denied by the Chief and the decision of the Board was upheld.

On November 21, 1983, Officer Hambsch was involved in another motorcycle accident. The accident occurred at 10:45 p.m. while Officer Hambsch was on duty and allegedly responding to a call for relief at 1310 L Street, in Washington, D.C., which is the headquarters of the Secret Service. At the time of the accident, Officer Hambsch was traveling between 16th and 15th Street, N.W., in Washington, D.C., through a “private” alley that runs parallel to L Street and which is located on the north side of the Russian Embassy on 16th Street, and also passes the Washington [747]*747Post Building, 1150 15th Street. The alley is two-way near the Washington Post Building and 15th Street, and becomes one-way heading west towards 16th Street near the Russian Embassy. When the accident occurred Officer Hambsch was traveling east on the two-way portion of the alley somewhere between the center and the right side of the alley and following Officer Arnold N. Schwartz. Both Officer Hambsch and Officer Schwartz were allegedly traveling approximately 15 m.p.h., faster than the posted speed limit of 5 m.p.h., when Officer Hambsch tried to swerve but collided with the right bumper of an automobile which was exiting from a ground level parking lot. Officer Hambsch’s leg was caught between the crash bar of the motorcycle and the bumper of the automobile, and he was knocked to the ground. He landed on his right side and was pinned under the motorcycle. A step-van which was parked in the alley had allegedly obstructed the view of both Officer Hambsch and the automobile driver.

Officer Hambsch was transported to George Washington Hospital by ambulance at 11:20 p.m. Upon arrival, X-rays were taken of his left leg with negative results. He was given a Tetanus shot for cuts on his left knee and right ankle and then released. Officer Hambsch received further medical care at the Metropolitan Police and Fireman’s Clinic throughout the period between November 23, 1983, and September 1, 1984. He was also referred to a private orthopedic surgeon and received physical therapy for a period of time. After allegedly showing no improvement, he had an authogram which showed a tear in the posterior horn of the medial meniscus, a partial anterior cruciate tear, and a cyst in the left knee. He underwent corrective surgery on April 24, 1984.

After the accident, in order to receive paid administrative leave, Officer Hambsch requested a determination that the accident occurred in the performance of duty. On December 13, 1983, after an investigation involving numerous interviews with persons who witnessed the accident and the events leading up to the accident, as well as a study of various reports and regulations, Inspector Hornyak ruled that the accident did not occur in the performance of duty. By memorandum dated December 18,1983, Officer Hambsch requested that a review of all facts be conducted and that a decision be rendered declaring the accident to have occurred in the performance of duty.

On February 2, 1984, the review was completed by Inspector Leland Fields and Inspector Peter Maekessy, and it was concluded that Officer Hambsch was not operating his motorcycle within prescribed operational guidelines at the time of the accident. The alleged violations included:

1. Violation of posted traffic regulations regarding direction of travel;

2. violation of posted speed limits;

3. violation of Uniformed Division policy which directs officers assigned to motorcycle patrols not to commence their return to the station prior to ten minutes before roll call times (0700, 1500, 2300 hours) unless permission has been granted by the Watch Commander or his designee;

4. use of his motorcycle as an emergency response vehicle in violation of Uniformed Division policy which specifically prohibits the use of motorcycles as pursuit or emergency vehicles for safety reasons; and

5.

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Related

Matos v. Hove
940 F. Supp. 67 (S.D. New York, 1996)
Free v. United States
17 Cl. Ct. 488 (Court of Claims, 1989)
Hambsch v. United States
490 U.S. 1054 (Supreme Court, 1989)
Schwartz v. United States
16 Cl. Ct. 182 (Court of Claims, 1989)
Anthony R. Hambsch, III v. United States
857 F.2d 763 (Federal Circuit, 1988)
Krzeminski v. United States
13 Cl. Ct. 430 (Court of Claims, 1987)

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Bluebook (online)
12 Cl. Ct. 744, 1987 U.S. Claims LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hambsch-v-united-states-cc-1987.