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B-193355 1 (1979-05-14)

handle is hein.gao/gaobadhfo0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON D. C. 20548 FILE: B-193355 DATE: Yy 14, 1979 MATTER OF: Bruno DiSimone fRequest for Retroactive Temporary Promotion AiV4 /W g4,ayJ Employee of Office of Workers' Compensation Programs, Department of Labor, claims a temporary promotion and backpay for detail to GS-14 or GS-15 position. He is entitled to retroactive temporary promotion to GS-13 and backpay from May 1, 1974, when he satisfied Whitten Amendment time-in-grade requirement for promotion until June 8, 1974, when he was promoted to GS-13 permanently. He is not entitled to higher pay thereafter since the Civil Service Commission determined that his position was properly classified at GS-13 and such determination is binding on administrative and accounting officers. Mr. Bruno DiSimone, an employee of the Office of Workers' Compensation Programs, Department of Labor, has appealed our Claims Division settlement of his claim for a retroactive promotion with backpay. Effective June 30, 1973, Mr. Herman Adler retired as Deputy Commissioner, Office of Workers' Compensation Programs, Department of Labor, Baltimore, Maryland. At the time of his retirement, Mr. Adler was being compensated at the GS-15 level. On July 1, 1973, Mr. DiSimone, a Workmen's Compensation Claims Examiner, GS-12, was detailed to Mr. Adler's position. The claimant was paid at the GS-12 rate during his detail to the higher grade position. He was competitively promoted to Super- visory Workmen's Compensation Claims Examiner, GS-13, effective June 9, 1974. While Mr. Adler was the incumbent the Labor Department decided to reclassify the Deputy Commissioner position due to amendments to the Longshoremen's and Harbor Workers' Compen- sation Act (Longshoremen's Act) by the Act of October 27, 1972, Pub. L. No. 92-576, 86 Stat. 1251. Mr. Adler was permitted to retain his GS-15 salary during his incumbency. However, upon his retirement, the Deputy Commissioner position held by him was reclassified down on July 25, 1973, to Supervisory Workmen's Compensation Claims Examiner, GS-13. The incumbent of that position was to serve as Assistant Deputy Commissioner under the DIGEST:

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