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B-184522 1 (1977-04-21)

handle is hein.gao/gaobademv0001 and id is 1 raw text is: DECISION FILE: B-184522 MATTER DIGEST: ETH COMPTROLLER GENERAL . CTHE UNITED STATES WAS-INGTON, 0. C 20548 DATE: April 21, 1977 OF: -- Reconsideration of denial of claim for backpay.and recredit of leave Employee requests reconsideration of decision denying in part her claim for backpay and restoration of leave while on involuntary leave. Placing employee on involuntary leave pending action upon agency-filed application for her disability retirement is not unjustified or unwarranted personnel action when based upon competent medical findings. Prior decision is sustained. This action is from Miss denying in part her the 18-month period in response to the request for reconsideration of our decision B-184522, March 16, 1976, claim for backpay and restoration of leave for she was placed on involuntary leave. Briefly stated, the facts in this case indicate that Miss was placed on involuntary leave while her employing agency filed an application for her disability retirement. The application was initially denied by the Civil Service Commission (CSC) and that determination was upheld in two subsequent appeals by the agency, after which the employee was returned to active duty. In our prior decision B-184522, supra, we held that when the disability retirement application is denied and the agency appeals, it is incumbent upon the agency to either restore the employee to active duty or initiate steps to separate the employee on the grounds of disability, and that the failure to do so constituted an unjustified or unwarranted personnel action under the Back Pay Act, 5 U.S.C. 5596 (Supp. V, 1975). We held that Miss was entitled to backpay and restoration of leave for the 12-month period from the date the application was initially denied by the CSC to the date Miss was restored to active duty. With regard to the initial 6-month period while the agency-filed application was pending with the CSC we held that when administrative officers determine, upon the basis of competent medical findings, that an employee is incapacitated for the performance of his or her assigned duties and place that employee on involuntary leave, such action does not constitute an unjustified or unwarranted personnel action under the Back Pay Act. Therefore, we denied Miss claim for the initial 6-month period.

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