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B-190664 1 (1978-06-26)

handle is hein.gao/gaobadtsl0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE 9 ?O WASHINGTON, D.C. 20548 orCS OF GENERAL COUNSEL ( t B-190664 JUN -J3 c/o John B. Mann, Esq. Suite 2120, Central National Bank Building Richmond., Virginia 23219 Dear This is in response to the letter of June 1, 1978, from your attorney, Mr. John B. Mann, in which he makes a counteroffer of $5,500 in settlement of your case. By letter of May 10, 1978, B-190664, we offered you $3,189.60 infinal settlement of your claim for damages incurred in an accident on December 31, 1975, involving an'automobile driven by you and an automobile driven by Mo. Janet X. Keller, an employee of the United States General Accounting Office. In making the counteroffer, Mr. Mann contends that the original claim of $2,915.04 for lost wages (pf which $2,370.60 was included in our offer) is not sufficient since Dr. Charles E. Sutton had not concurred with Dr. Robert H. Pilcher's opinion that you could return to work as of March 24, 1976, and had not released you from his care. It is your contention that because of the lack of concurrence by Dr. Sutton and the nature of the injury, a settlement of $5,500 is war- ranted. You have not, however, presented any new evidence to warrant either a change in our prior determination or acceptance of your counter- offer. Dr. Sutton's concurrence with Dr. Pilcher's opinion that you could return to work is not the overriding factor in determining when you could in fact return. You were referred to Dr. Pilcher by Dr. Sutton and Dr. Pilcherls opinion must be viewed as evidence of your ability to resume working. According to Dr. Pilcher's statement of May 14, 1976, all examinations performed on March 23, 1976, were negative and you did not complain about neck pains. Re advised you at that time that you could return to work. ceg . .~......*....

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