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B-200613 1 (1981-03-23)

handle is hein.gao/gaobadjfn0001 and id is 1 raw text is: 4 0 THE COMPTROLLER GENERAL OECISION • OF THE UNITED STATES WASH INGTON. 0. C. 2054e UNITED FILE: B-200613 OATE: March 23, 1981 MATTER OF: Aaron L. Blanton -I Jckpay for Medical Disqualificatio7 OIGEST: An air'traffic controller who was medically disqualified for air traffic control duties, requests restoration of his annual and sick leave and award of premium pay for period of removal. Employee did not appeal disqualifi- cation to FAA Board of Review nor file grievance concerning this matter. Claim is denied since there has been no finding of an unjustified or unwarranted person- nel action-as required under Back Pay Act, 5 U.S.C. § 5596 (1976) and since this Office will not review merits of medical disqualification. I ~/6-&~ . The Professional Air Traffic Controllers Organiza- tion (PATCO) requests that we restore the sick and annual leave and premium pay of an Air Traffic Control Specialist who was medically disqualified to perform his duties'- Service pursuant to 4 C.F.R. § 21.5 (1980) was-made upon the Federal Aviation Administra- tion (FAA) and their response was received in this Office on October 8, 1980. For the reasons set forth below, the claim is disallowed. On December 13, 1979, Mr. Aaron L. Blanton, Lan Air Traffic Control Specialistjat the Albany Air Traf- fic Control Tower, Albany, Georgia,',filed a Federal Em- ployee's Notice of Occupational Disease and Claim for Compensationwhich was forwarded to the U.S. Depart- ment of Labor,>Office of Workers' Compensation Programs (oWCP). SMr. Blanton met with the Chief, Air Traffic Con- trol Tower, Albany, Mr. Robert L. Ferguson, on December 26, 1979, and reported that his condition was persisting and that he would need to have some relief from extended periods of approach control duties. On December 28, 1979, Mr. Ferguson requested

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