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B-184522 1 (1976-03-16)

handle is hein.gao/gaobaddee0001 and id is 1 raw text is: DECISCT OF THEt TEC STATES WASHINGTON, D.C. 20548 FILE: DATE: MAR 16 7976 3-18452z6 97 MATTER OF: - Claim for backpay and recredit of leave DIGEST: 1. Employee was placed on involuntary sick leave pending action on agency-filed application for disability retirement. Application was disapproved by Civil Service Commission (CSC) initially and again after two agency appeals. Employee is not entitled to backpay and restoration of leave from date she was placed on leave to date CSC initially denied application since agency action was in accordance with CSC regulations and was not an unjustified or unwar- ranted personnel action when based upon competent medical findings. 2. Employee, who was placed on involuntary sick leave pending action on agency-filed application for disability retirement, was continued on involuntary leave while agency appealed initial Civil Service Commission (CSC) denial of application. Employee is entitled to backpay and restoration of leave from date of initial CSC denial to date she was restored to active duty. Agency was obligated either to restore her to active duty or to take action to separate her pending agency's appeal of CSC determination that employee was not totally disabled. This action is a reconsideration of the denial on May 30, 1975, by our Transportation and Claims Division, of the claim of Miss for backpay and restoration of leave for the 18-month period she was placed on involuntary leave pending a decision on the agency-filed application for her disability retirement. Her claim was disallowed on the ground that the action of her employing agency of placing her on involuntary leave was not arbitrary or capricious so as to constitute an uwarranted or unjustified personnel action under 5 U.S.C. 8 5596 (1970)l even though the Civil Service Comission (CSC) ultimately denied the application for disability retirement. Rrr , 1, , - -_

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