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B-213789 1 (1984-05-18)

handle is hein.gao/gaobadlsd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION --LI OF THE UNITED STATES , WASHINGTON, 0.C. 20548 &ITIl FILE: B-213789 DATE: May 18, 1984 MATTER OF: Jack L. Hamilton -- Restoration of Sick Leave DIGEST: Employee was placed on involuntary sick leave after an agency physician found there were limiting conditions to the employee's continued employment in his assigned posi- tion. Claim for backpay and recredit of sick leave is denied since agency may place an employee on involuntary sick leave when medical evidence indicates that he is incapacitated for performance of his assigned duties. Mr. Jack L. Hamilton, a former Veterans Administra- tion (VA) employee, appeals our Claims-Group's denial of his claim for backpay and recredit of 2 days' sick leave used while he was placed on involuntary leave. For the following reasons, we affirm our Claims Group's denial of Mr. Hamilton's claim. FACTS During his career with the VA, Mr. Hamilton sustained a succession of on-the-job injuries. In 1982, as a result of these injuries, Mr. Hamilton was suffering from prob- lems with his back. At that time, he was working as a painter, WG-9, at the VA Medical Center in Salem, Virginia. Following his most recent injury, which occurred on July 26, 1982, he was reassigned to temporary light-duty work in the Medical Center's laundry plant. On December 8, 1982, a fitness-for-duty examination was per- formed on Mr. Hamilton by an agency physician because of increased absenteeism from injuries and illness. On January 4, 1983, the VA personnel office received the results of this examination which showed limiting condi- tions to Mr. Hamilton's continued employment in his assigned duties as a painter. According to the adminis- trative report submitted to this Office by the VA, the agency filed an application for disability retirement for Mr. Hamilton on January 5, 1983. The next day, two officials from the personnel office met with Mr. Hamilton to discuss the results of the examination. The agency contends that because of Mr. Hamilton's inability to perform the duties of a painter, his pending application

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