About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-193559 1 (1979-04-27)

handle is hein.gao/gaobadhea0001 and id is 1 raw text is: 




                         \ THE  COMPTROLLER GENERAL
    DECISION              . OF  THE   UNITED STATES
                            WASHINGTON, D.C. 20548



   FILE: B-193559               DTE:   April 27, 1979

   MLATTER
                M~Wil/in Q arrison -  nvoluntary Sick
                and Annual Leave
   DIGEST:
             Employee performs duties for which agency
             requires safety goggles. He was placed on
             involuntary sick and annual leave after
             medical determination that due to vision
             imrirment he should not be required to
             we~agaty   goggles. Claim for recredit
             of sick leave is denied, since agency may
             place employee                      en
             med1icaevidence indicates that he is
             incapacitatedformance of assigned
             duties._

    By letter dated October 11, 1978, Mr. William 0.
Garrison, an employee of the Department of the Nugy, -'N'Y'/?
has appealed our Claims Division's disallowance of his
claim for the recredit of-invoLunta.ry sick and annual
lechavc   ged during the period August 29, 1976, through
November 7, 1976.

    The record shows that Mr. Garrison, who is employed
as a painter at the Naval Air Rework Facility, Marine )iea
Corps Air Station, Cherry Point, Drth -Crlina. has    c
a non-occupational visual impairment of both eyes. He
must wear thick eyeglasses. His duties include spraying
aircraft fuel tanks with polyurethane paint for which
he is required to wear a full face respirator. Personnel
working in the paint shop are required to wear safety
goggles.  Mr. Garrison requested his employer to provide
him with special glasses to wear under the respirator.
His supervisor provided Mr. Garrison with plastic goggles
to wear over his eyeglasses. The goggles fogged up his
eyeglasses and he was unable to paint.

    An agency medical evaluation of August 26, 1976,
concluded that Mr. Garrison had partial visual acuity
and depth perception. It was recommended that he should
not be required to wear goggles due to his restricted
field of vision. It was determined that he was not
physically qualified to safely perform his duties.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most