b. Incident to Service. The Government is not liable for injuries that are
incident to service. Any injury is considered "incident to service" if sustained while
performing official duties, including permanent change of station (PCS) or temporary
duty (TDY). It is also likely to be classified as "incident to service" if it was incurred at a
service member's home installation, in a military aircraft, or in a military medical/dental
facility.
INJURIES INCIDENT TO SERVICE ARE THOSE
OCCURRING:
While performing official duties (also PCS and TDY).
On a service member's home installation.
In a military aircraft.
In a military medical/dental facility.
Figure 5-3. Incident to service injuries.
SERVICE MEMBERS ALREADY COVERED FOR INJURIES INCIDENT
TO SERVICE
In Jefferson v. United States (US C.A. 4th) an enlisted solider brought suit against the
US for damage caused by an Army surgeon who negligently left a towel in his abdomen
following a gallbladder operation. The civil courts dismissed the case because they
deemed it inappropriate to pass upon the propriety of military decisions and actions.
In Perucki vs United States (Pa., 1948), a veteran with combat injuries reported to the
Veteran's Administration for an exam to assess a reduction in his rate of liability. While
applying lighted matches to the soldier's legs to test reflexes, the physician burned both
of the soldier's legs, causing injuries and disability. The courts dismissed the veteran's
suit, stating that the burns would not have been sustained were it not for the original
injuries received in combat.
MD0066
5-8
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