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B-195238 1 (1979-08-23)

handle is hein.gao/gaobadhnw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-195238 DATE: August 23 1979 MATTER DIGEST: OF: Oscar B. Bonner - Buy back of sick leave for leave without pay to accept compensation under the Federal Employees' Compensation Act Employee may buy back sick leave taken in connection with a job-related illness in order to receive disability .compensation under Federal Employees' Compensation Act, 5 U.S.C. § 8101, et seq. Where there are no official records from which to determine amount of leave taken, leave may be credited and bought back on basis of secondary evidence determined to be acceptable by agency. Acceptable forms of secondary evidence include leave requests, Leave and Earnings State- ments, Time and Attendance Reports, personal leave records, as well as certificates from supervisors and timekeepers. Mr. Oscar B. Bonner has appealed the adjudication of our Claims Division in Settlement Certificate Z-2744941, dated March 16, 1979, denying his claim (to buy back sick leave in order to accept compensation under the Federal Employees' Compensation Act for a work-related illness. Fundamental to the adjudication by our Claims Division is the fact that the Federal Aviation Administration (FAA) stated that Mr. Bonner's official leave records for the period claimed have been destroyed. Thus, our Claims Division concluded that where(the records necessary to either justify or refute a claim have been destroyed or become unavailable due to the lapse of time )the accounting officers of the Government, in the absence of clear and satisfactory evidence of validity, may not give the matter favor-able consideration-where the claimant has failed to act on his claim for a long period of years. (The claimant has expresse dissatisfaction with this result, and in appealing the decision of our Claims Division Mr. Bonnerccontend that clear and satisfactory evidence of an amount of sick leave used in connection with his work-related ilness AV provided in the record in the form of correspondence drafted by the Personnel Management Specialist at ' mi ,I

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