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B-212154 1 (1983-12-23)

handle is hein.gao/gaobadllz0001 and id is 1 raw text is: w1Ll a &,,wZE ' -- THE COMPTROLLER GENERAL OECISION OP THE UNITEO STATEN WASHINGTON. 0. C. 20548 UNITO FILE: B-212154 DATE: December 23, 1983 MATTER OF: Diogene 0. Bisier - Waiver - Nondeduction of Health Insurance Premiums DIGEST: A blue collar Navy employee, who suffered two work-related injuries, was twice trans- ferred between Navy and Labor payrolls. Through administrative error, the Navy failed to withhold deductions for health benefits for over 6 years. Although the employee received leave and earnings state- ments, he had limited ability to understand those statements due to his limited command of English. In addition, he did not receive documents relating to his transfers between payrolls. Under the cir- cumstances we grant waiver of the employee's indebtedness under 5 U.S.C. S 5584 (1982). This decision is in response to an appeal of our Claims Group's denial of an employee's request for waiver of collection of erroneous payments where the agency failed to deduct health insurance premiums for over 6 years. For the reasons stated below, we overrule our Claims Group and grant waiver of collection of the employee's indebtedness to the Government. Mr. Diogene 0. Bisier, a shipwright worker employed by the Portsmouth Naval Shipyard, Department of the Navy, suffered a work-related injury and was transferred to the payroll of the Office of Workmen's Compensation Programs, Department of Labor, on September 20, 1975. He was trans- ferred back to the Portsmouth Naval Shipyard 3 days later on September 23, 1975. Because of an administrative error by the Navy in failing to document the health bene- fits enrollment, the Navy did not continue health insurance deductions after Mr. Bisier returned to the Navy's payroll. Mr. Bisier suffered another work-related injury in 1980, and he was again transferred to Labor for an an 11-month period from August 26, 1980 to July 27, 1981.

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