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B-197885 1 (1980-12-30)

handle is hein.gao/gaobaditu0001 and id is 1 raw text is: 7 THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES 0 WASHINGTON, D. C. 20548 FILE: B-197885 ( e5 tDATE:December 30, 1980 MATTER OF: Jimmie L. Tyus - vironmental Dif- ferential Payment DIGEST: Authority to determine whether employ- ee of Veterans' Administration hospital meets the qualifications for payment of environmental differential pay for cold work is primarily vested in agency con- cerned which has determined that the criteria to qualify for such pay have not been met for the period of time claimed. GAO will not substitute its judgment for the agency's in the absence of clear and convincing evidence that the agency's determination was arbitrary and capricious. Mr. Jimmie L. Tyus, a food service workerat the Veterans Administration Medical Center in Birmingham, Alabama, appeals the settlement issued by our Claims Division, which denied him retroactive payment of en- vironmental differential for cold work performed between May 1, 1973, and January 3, 1976. Because .he Veterans Administration (VA) hospital director found that Mr. Tyus was not eligible for environmental differential, and Mr. Tyus has come forward with no evidence to dispute this determination, we must deny his claim. Mr. Tyus claims that between May 1, 1973, and January 3, 1976, his job as a food service worker required him to enter the VA hospital freezer 5 or 6 times each day. LSince the hospital's dietetic service did not retain duty schedules or work as- signment records for the years in question, it is impossible to determine precisely (or even approxi- mately) how many times Mr. Tyus was assigned to obtain food from the freezer. Where pertinent records are unavailable, however, the Comptroller General has approved payment of environmental dif- ferential for an estimated number of hours, where such estimate is based upon available records of the employee's job duties and work assignments over a

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