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B-193559 1 (1980-07-17)

handle is hein.gao/gaobabjef0001 and id is 1 raw text is: 




UNITED STATES GENERAL ACCOUNTING OFFICE/
        WASHINGTON, D.C. 20548


IN REPLY
REFER TO:


OFFICE OF GENERAL COUNSEL


B-193559 -'-


        * July 17, 1980




Mr. Shelley Blum
Litigation Director                   q3
North Carolina Labor Law Center DL(
P.O. Box 12493
Raleigh, North Carolina 27605

Dear Mr. Blum:

     We refer to your letter dated-January 30, 1980,
and Mr. Wib Gulley's letter of March 26, 1980, with
enclosures, concerning your request for reconsideration
of the decision, Matter of William 0. Garrison, B-193559,
April 27, 1979, in which a Claims Division's settlement
disallowing Mr. Garrison'sL-laim for recredit of sick
and annual leav~Jcharged him during the period from
August 30, 1976, to November 7, 1976, was sustained.

     In that decision, it was held that Mr. GarrisOn,
a painter at the Naval Air Rework Facility, Marine
Corps Air Station, Cherry Point, North'Carolina, was
not entitled to the recredit of involuntary sick and
annual leave as an employee may be involuntarily placed
on sick leave when the cognizant administrative officials
determine, based upon competent medical evidence, that
the employee is incapacitated for the performance of
his assigned duties. Matter of Claudia M. Ferguson,
B-186197, July 28, 1.976, and Matter of 4iilliam J. Heisler,
8-181313, February 7, 1975. Copies enclosed.

     The administrative report shows that the personnel
working in the paint shop are required to wear safety
goggles. A medical evaluation of August 26, 1976, con-
cluded that Mr. Garrison was not physically qualified
to safely perform his duties because of his eyesight
until he was furnished appropriate safety glasses.

     The agency states that as there was no suitable
position in the Production Department in which
Mr. Garrison could be assigned, he was placed on
involuntary sick leave beginning August 30, 1976.

                       5-//3 *7/


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