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B-187389 1 (1978-07-19)

handle is hein.gao/gaobadger0001 and id is 1 raw text is: 3ECIBION FILE: ½, THE COMPTROLLER GENERAL. . li OF THE UNITED BTAE , WASHINGTDN, D. C. 20545 B-187389 DATE: July 19, 1978 MATTER OF DIGEST: Harvey J. Nozick - Claim of Consultant for Travel Expenses and Additional Pay 1. Consultant of Environmental Protection Agency is not entitled to payment of travel expenses from residence in Reading, Massachusetts, to duty station in Arlington, Virginia, after 130 days of service since appointment then ceased to be intermittent and became temporary. Under temporary appointment, consultant must bear cost of transportation from place of residenice to official duty station. Erroneous travel payments cannot be waived under 5 U.S.C. S 5584. However, consultant is entitled to travel expenses under 5 U.S.C. 5 5703 during intermittent appointment in sub- sequent service year. 2. Claims of intermittent consultant for overtime compensation and increased daily rate of compenSation are denied..Experts and consultants temporarily and intermit- tently employed are generally not entitled to overtime compensation but are only entitled to established daily rate of compensation regardless of hours worked. Record shows no agreement to pay fot ad- ditional hours of work and there is no administrative error in agency determination of compensation rate. By letter dated October 26, 1977, Mr. Harvey J. Nozick oppealed the action of our Claims Division by letter dated August 4, 1977, which denied his request fot waiver of 2rroneous payments of? tdrvel expenses but qranted waivcr of overpayments of pay incident to his employment as a consultant with the Environmental Protection A.iency (EPA). The letter also disallowed Mt. Nozick's claims for additional pay. The record shows that effective Ma:ch 19, 1973, Mr. Nozick was annointed as en intermittent consultant with N I I :

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