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B-181313 1 (1975-02-07)

handle is hein.gao/gaobadcfn0001 and id is 1 raw text is: THE COMPTRDL-ER GENERAL OECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-181313 DATE: FEB 7 1975 MATTER OF: William J. Heisler - Leave Without Pay DIGEST: Employee placed on involuntary leave because of medical opinion that employee might have tuberculosis is not entitled to reim- bursement for loss of pay for period he was in leave without pay status merely because it is later determined that employee did not have tuberculosis, since agency's action was not unjustified or unwarranted in that it was based on possibility that employee had tuberculosis, relying on employee's own physician's incorrect diagnosis of that disease. Kleinfelter v. United States, 318 F. 2d 929 (Ct. Cl. 1963) and Seebach v. United States, 182 Ct. Cl. 342 (1968), distinguished. An accounting and finance officer of the Defense Supply Agency has requested an advance decision on the claim of William J. Heisler, a wage board employee of the Defense General Supply Center, Richmond, Virginia. Mr. Heisler's claim is for payment for 475 hours of leave with- out pay (LWOP) charged to him from October 22, 1971, to January 18, 1972. During that period, Mr. Heisler was not permitted to work be- cause of an illness which had been diagnosed as tuberculosis, and was in LWOP status because he had exhausted his annual and sick leave balances. It was later determined that Mr. Heisler did not have tuber- culosis and could return to work. He did so on January 19, 1972. Mr. Heisler's claim is based on his statement that he was willing and ready to work but was prevented from working by Government offi- cials who incorrectly diagnosed that I had tuberculosis. He, there- fore, claims not only payment for the period he was in LWOP status, but also restoration of the annual and sick leave he was charged during the period involved as well as credit for leave not credited because of his LWOP status. The record shows that Mr. Heisler visited a private physician on October 5, 1971, and from October 7 through October 11, 1971, was an in-hospital patient under the care of that private physician. As a result of a biopsy and other tests, Mr. Heisler's physician diagnosed his illness as tuberculosis on October 21, 1971. Mr. Heisler then entered a Veterans Administration (VA) hospital on October 25, 1971, from which he was discharged on November 3, 1971. On the next day, - 1 -

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