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B-179134 1 (1976-01-02)

handle is hein.gao/gaobaddtk0001 and id is 1 raw text is: L- -LER THE COMPTROLLER GENERAL DECISION . W OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE:B-179134 DATE: January 2, 1976 2, MATTER OF: Homer W. Battles - Witness Travel Expenses DIGEST: Employee on sick leave pending disability retirement may be paid transportation and per diem expenses in connection with travel from his retirement home in Florida to his permanent duty station in Detroit to give testimony in connection with a Federal Tort Claims Act proceeding in view of the 5 U.S.C. t 6322(b) which provides that an employee is performing official duty during the period he is assigned by his agency to testify on behalf of the United States. An accounting and finance officer of the Defense Supply Agency (DSA) has requested an opinion as to whether Mr. Homer W. Battles may be reimbursed expenses which he incurred in traveling from FlorId to Michigan to serve as a witness on the Government's behalf in a Federal Tort Claims Act proceeding. The DSA submission letter gives the following account of the circumstances surrounding Mr. Battles' travel: a. On 30 March 1972, Homer W. Battles, Quality Assurance Specialist, GS-11, was involved in an automobile collision in the City of Madison Heights, Michigan. A passenger in the other vehicle started suit in a state court against the ,overnment employee. A determination was made that the employee was acting within the scope of his employment at the time of the collision, and the U.S. Attorney filed a petition for removal. After removal, the suit was dismissed, and the plaintiff filed an administrative claim under the Federal Tort Claims Act. The parties were unable to reach a settlement, and -the plaintiff commenced a new action in the Federal District Court for the Eastern District of Michigan, Southern Division, said suit being Civil Action No. 39509. b.- On the 17th of May 1974, Homer W. Battles', Supervisoy Quality Assurance Specialist, GS-12, application for a digability retirement was approved.

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