JAG 5890.1
(CODE 15) ADMINISTRATIVE PROCESSING AND CONSIDERATION OF CLAIMS ON BEHALF OF AND AGAINST THE UNITED STATES
| Organization: | JAG |
| Publication Date: | 17 January 1991 |
| Status: | inactive |
| Page Count: | 148 |
scope:
This enclosure provides information regarding the administrative processing and consideration of claims against the United States under the FTCA. The FTCA is a limited waiver of sovereign immunity. Under the FTCA, an individual can seek money damages for personal injury, death, or property damage caused by the negligent or wrongful act or omission of a Federal employee acting within the scope of employment. The FTCA also provides for compensation for injuries caused by certain intentional, wrongful conduct. The liability of the United States is determined in accordance with the law of the State where the act or omission occurred.
This enclosure explains how to settle claims for and against the United
States for property damage, personal injury, or death arising out of
the operation of nonappropriated-fund
This enclosure provides information on payment of claims against the United States, not payable under any other statute, caused by the act or omission, negligent, wrongful, or otherwise involving fault, of Department of the Navy (DON) military and civilian personnel (hereinafter DON personnel) acting outside the scope of their employment.
General. This enclosure is divided into two sections. Section A prescribes procedures and substantive bases for administrative settlement of claims against the United States submitted by Department of the Navy (DON) personnel and civilian employees of the naval establishment. Section B sets forth procedures for the administrative pursuit and recovery from carriers, contractors, or insurers responsible for loss, damage, or destruction of such personal property.
This enclosure is divided into two sections. Section A describes how to assert, administer, and collect claims for damage to or loss or destruction of Government property through negligence or wrongful acts. Section B describes the assertion and collection of claims for medical care under the Medical Care Recovery Act (MCRA). The MCRA states that when the Federal Government provides treatment or pays for treatment of an individual who is injured or suffers a disease, the Government is authorized to recover the reasonable value of that treatment from any third party legally liable for the injury or disease.
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