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B-188125 1 (1977-10-31)

handle is hein.gao/gaobadffi0001 and id is 1 raw text is: ' .THE COMPTROLLER OENERAL DECIBION . t.. . OF THE UNITED STATES WASMINGTON. D. C. R05 A FI.E: B-188125 DATE: October 31, 1977 MATTER VF David E. Bright, Jr. - Air Traffic Controller - Backpay for Medical Disqualification DIGEST: Air traffic controller was involuntarily removed from air traffic control duties for medical dis- qualification. Federal Aviation Administration's RHr-d of Review concluded that medical evidence d61 not support finding of medical disqualification and raversed the agency's determination. Board's decision is fLnal on the ma ttr and is tantamount to finding of an unwarranted and unjustified per- sonnel action. Employee is entitled to premium pay which he would have earned during period of rrassignment away from traffic control duties under Back Pay Act, 5 U.S.C. 5596. This action concerns the claim of Mr..David E. Bright, Jr., an employee of the Federal Aviation Administration (FAA), for certain premium oay and differentials which he claims were lost as the result of his temporary reassignment for medical reasons from air traffic control duties to administrative duties. The matter has been referrsd to our Office jointly by the FAA and the Profes- sional Air Trafric Controllers Organization (PATCO) in lieu of arbitration. At all relevant times, Mr. Bright was at: Mltr Traffic Control Specialist at the OaklLnd, California, Air TrafTic Control Tower. On June 16, 1975, Mr. Bright was talen 3ff air traffic control duties and placed on administrative duties pending medical evalua- tion. Upon receipt and review of rrmdical reports, the Regional Flight Surge'n recommended to the Chief, Oakland Control Tower, on July 21, 1975, that Mr. Bright be removed fro air traffic con- trol duties. This recommendation was stated to be based on the medical findings cf the consulting doctors. On July 29, 1975, M. Bright was advised that he was medically disqualified for flight control and was removdd from such duty. By letter dated August 4, 1975, Mr. Bright advised the Chief, Oakland Control T7wer, that he wished to appeal the determination of the Regional Flight Surgeon that he was not medically capable of continuing his flight control duties. On appeal, Mr. Bright submitted new medical evaluations which were completed in August 1975 by a different set of specialis ts. Upon receipt of the reports of the new doctors, the FAA RegionE.l Flight Surgeon issued a final -decision on October 7, 1975, confirming his previous finding of N. 0 4 0 0. I I

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