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B-222733,B-222959 1 (1988-03-01)

handle is hein.gao/gaobadmzz0001 and id is 1 raw text is: 


%The Comptroller General
           of the United States
LWashington, D.C. 20548
           Decision




           Matterof: Larry V. Salas and William D. Morger - Relocation
                     Expenses - Restoration to Duty Following Injury
           File:     B-222733; B-222959

           Date:     MArch 1, 1988


           DIGESTS

           1. An employee, as the consequence of an on-the-job injury,
           was separated from federal employment and carried on the
           rolls of the Office of Workers' Compensation Programs. Upon
           reemployment 5 U.S.C. § 8151 mandates that he be treated
           as though he had never left federal employment for the pur-
           pose of benefits based on length of service. Where he is
           reemployed at a different geographical location from his
           duty station at the date of separation he, therefore, is
           entitled to relocation expenses under 5 U.S.C. §§ 5724 and
           5724a to the same extent as if he had been transferred to
           the new duty station without a break in service.

           2. Where an individual is reemployed at his former
           duty station following a period of separation during
           which he was carried on the rolls of tne Office of Workers'
           Compensation Programs, he is not entitled to reimbursement
           for expenses ne incurs in relocating his residence back to
           that same duty station incident to the reemployment action.
           The individual's handicap resulting from an on-the-job
           injury does not justify an exception to the rule that one
           reappointed to federal employment following a break in
           service must bear the costs of traveling to his first
           duty station. These costs are common to all individuals
           appointed or reappointed to positions at locations distant
           from their places of residence; therefore, reimbursement
           for such costs cannot be viewed as ameliorating access-to-
           work impediments that arise as the result of a handicapping
           condition. However, because of equitable considerations, a
           report is being submitted to the Congress recommending that
           it authorize relocation expenses as a meritorious claim
           under 31 U.S.C. 3 3702(d).

           DECISION

           This decision deals with the authority of federal agencies
           to pay relocation expenses incident to the reemployment of





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