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B-128314 1 (1979-01-08)

handle is hein.gao/gaobadguc0001 and id is 1 raw text is: VV V'A H IN GTON 0.C G 04 JAN 8 1979 FILE: B-128314 DATE: MATTER OF: Lee E. Hoffler - Disability Retirement Denial - Backpay Pending Determination DIGEST: Employee of Navy was on leave and approved leave without pay pending Civil Service Commission deter- mination of his application for disability retire- ment including his unsuccessful appeal of CSC denial of his application. There is no basis to provide employee with backpay pursuant to 5 U.S.C. 5596 since record does not establish that leave was involuntary nor that employee was ready, willing, and able to work during such period. By letter dated August 22, 1978, Mr. Lee B. Haffler, an employee of the Department of the Navy has appealed the disallowance by our Claims Division of his claim for backpay and recredit of leave for the period May 28, 1974, to May 29, 1975, while he was on.leave status pending a determination by the Civil Service Commission (CSC) on his application for disability retirement. The record shows that Mr. Hoffler, at the time a Pipefitter, WG-8, with the Norfolk Naval Shipyard (Shipyard), Portsmouth, Virginia, suffered the loss of the thumb and forefinger of his left hand in a non-occupational hunting accident on November 29, 1969. On November 10, 1970, a Shipyard medical officer determined that Mr. Hoffler should be placed in a restricted work assign- ment as he determined that his injury rendered him permanently incapable of climbing where both the use of his legs and arms are required. A restricted work assignment was available in the shop where he was employed and he continued in the capacity of a pipefitter at the WO-8 level. On August 22, 1971, he was promoted to the 'positionofPipefitter, WG-10, in a position which did not have limited duties based upon the physical handicap of the occupant. On March 12, 1974, the Production Superintendent, Service Group Shop, became aware of the permanent physical restriction which had been placed upon Mr. Hoffler as a result of the November 10, 1970 medical evaluation. A fitness for duty examination was then given him and on May 13, 1974, the examining Shipyard medical officer determined that he was not qualified for full duty in his position on the basis that he was incapable of climbing ladders or staircases as her might los his grip. On May 28, 1974, the acting head of the Temporary Svice Sop determined that an approcpriate restricted work

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