About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-195025 1 (1979-10-22)

handle is hein.gao/gaobadhro0001 and id is 1 raw text is: 

                                                   1/733

                            C. THE  COMPTROLLER GENERAL
   DECISION                  - OF   THE    UNITED      STATES
                               VWASHINGTON, D.C. 20548





            FILE: ~        f     ~       ,ATE October 2199
   MATTER OF: Richard L. Greene   - Personal Injury -        eturn of
                 Automobile to Permanent Duty Station

   DIGEST:    Employee on temporary duty travel may be reimbursed
             payment to private firm for transporting his privately
             owned vehicle back to permanent duty station, since
             injury prevented his operation of vehicle on return
             trip.  5 U.S.C. § 5702(b) and FTR para. 1-2.4 autho-
             rize expense of return of vehicle to permanent duty
             station when employee is incapacitated not due to mis-
             conduct.  44 Comp. Gen. 783 (1965) and B-176128,
             August 30, 1972, overruled.

     This decision responds to the request of Richard L. Greene, an
employee of the Department of Commerce, who appeals our Claims
Division's denial of reimbursement for transporting his automobile.

     The issue is whether an employee may be reimbursed the cost of
transporting his privately owned vehicle (POV) back to his permanent
duty station when he incurred the cost because he suffered bodily
injury while on temporary duty preventing him from driving the
vehicle.

     Mr. Greene, stationed in Dallas, Texas, was authorized mileage
for temporary duty travel by POV. While on temporary duty, he was in
an autombile accident requiring his hospitalization in Salt Lake City,
Utah, August 8-10, 1977. Because of his injuries he was unable to
drive his POV, and he returned to Dallas by air transportation at Gov-
ernment expense. He paid a private firm $174.65 to return his POV to
Dallas, and he claims reimbursement of this amount.

     We have held in cases such as Mr. Greene's that there is no
authority permitting reimbursement for the additional expense of
transporting the POV to the duty station, since the Government has
paid airfare for transporting the injured employee. 44 Comp. Gen. 783
(1965); B-176128, August 30, 1972.

     Upon further consideration, we now overrule those decisions.
Congress has provided in 5 U.S.C. § 5702(b) that, under regulations
prescribed by the Administrator of General Services, an employee,
incapacitated by illness or injury not due to his own misconduct
while on official travel away from his duty station, is entitled to L



                                                  off
                                                rf

                         0                 1194Ift

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most