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B-247771 1 (1992-08-12)

handle is hein.gao/gaobadodb0001 and id is 1 raw text is: pMComptroUer General of the United States Wahlngton, D,O, 20548 Decision Matter of: John A, Banuchie File: B-247771 Date: August 12, 1992 DIGEST I l I . . .... Due to administrative error in relying on a superseded regulation of the Office of Worker's Compensation Programs (OWCP), the Forest Service erroneously kept an employee in a continuation-of-pay status, and thus overpaid him, when he should have been receiving compensation directly from OWCP. Since the erroneous payments of Forest Service compensation and the OWCP compensation are essentially duplicate pay- ments, we do not believe that collectiah of the amount of money equivalent to the OWCP compensation would be against equity and good conscience. Waiver granted in part and denied in part. DECISION The Forest Service, United States Department of Agriculture, on behalf of its employee, Mr. John A. Banuchie, requests waiver of erroneous payments of continuation of pay totalling $1,691.04, which occurred due to administrative error during a period when Mr. Banuchie was entitled to receive compensation from the Office of Worker's Compensa- tion Programs (OWCP), Department-of Labor.1 As explained below, we grant waiver in part and deny waiver in part. On March 26, 1991, Mr. Banuchie injured his left knee while in the performance of his official duties and saw a doctor that day. Mr. Banuchie used 18 hours continuation of pay on March 27 and 28, 1991, and returned to work on March 29, 1991. Thereafter, several absences totalling 30 hours were properly charged to continuation of pay. He worked until August 27, 1991, when, after OWCP had approved his doctor's request for surgery, surgery was performed on his knee on August 28, 1991. 'This request was submitted by Forest Supervisor Dave Morton, Forest Service, Ottawa National Forost, Ironwood, Michigan.

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