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B-205950 1 (1984-01-10)

handle is hein.gao/gaobadlmo0001 and id is 1 raw text is: THU COMPTROLLER1I GENERAL OECISION . . oP THE UNITSO UTATES Z WASHINGTON. 0.C. 90548 FILE: B-205950 DATE: January 10, 1984 MATTER OF: Isma B. Saloshin - Backpay - Agency- Initiated Disability Retirement Application DIGEST: 1. Employee was placed in an involuntary leave status pending Civil Service Commission (CSC) approval of agency- initiated disability retirement application based on orthopedic exami- nations, including one performed by employee's own physician, all of which found her physically incapacitated to perform assigned nursing duties. Even though the application for disability retirement was ultimately denied by the Merit Systems Protection Board (MSPB), her claim for backpay is denied. The issue before the MSPB was whether the earlier determined physical incapacity was sufficient to support disability retirement. While it was determined that retirement cri- teria were not met, the validity of the earlier medical findings was not questioned. Therefore, placement of employee on involuntary leave was not unwarranted or unjustified. 2. Agency appealed a Civil Service Commission (CSC) initial rejection of their disability retirement appli- cation, and won. The employee, in turn, appealed retirement action to the Merit Systems Protection Board (MSPB). Pending outcome, employee was continued in a non-pay status. Claim for backpay (5 U.S.C. S 5596), asserted because MSPB overturned retirement approval, is denied. Once disability retirement application is approved, it is appropriate for agency to retire employee then, and no basis exists for employee to assert contin- uing employment rights thereafter.

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