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B-198567 1 (1980-07-22)

handle is hein.gao/gaobadilb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DEC S IN n2 OF THE UNITED STATES ws NSCGTON, C 205 8 FILE: B-198567[' DATE: July 22, 1980 MATTER OF: Rose J. Shivers - Waiver of Overpayments of Pay Under 5 U.S.C. § 8118 CIGEST: Claim of Government against employee for overpayments of continuation-of-pay payments under 5 U.S.C. § 8118 (6 resulted from denial by Office of Workers' Compensa- ,tion Programs of her cl~iG tor work related injury. That part of overpayments which could not be offset by charges against employee's leave was waived. Waiver action was proper since it was determined that em- ployee's claim was made in good faith and offset against employee's outstanding leave balances was made pursuant to requirement to consider interest of Government as well as that of employee. Ms. Rosie J. Shivers -rquests reconsideration of the action taken by our Claims Division on January 15, 1980, granting only par- tial waiver of the Government's claim of $545.22 against her for an overpayment of pay. The overpayment resulted from a determination by the Office of Workers' Compensation Programs (OWCP), Department of Labor, that she was not entitled to the continuation-of-pay she had received from October 26 through November 15, 1976, after she had filed a claim for an injury incurred while employed at the Library QL_.Z.nggss. In view of the applicable provisions of law and regulation we sustain the Claims Division action. Ms. Shivers was granted a continuation-of-pay from-January 22 through February 24, 1976, under the provisions of 5 U.S.C. § 8118 (1976) when she filed a claim for a work-related injury. Later, on October 26, 1976, Ms. Shivers' supervisor completed the necessary form on Ms. Shivers' behalf in order to notify the OWCP that Ms. Shivers had sustained a recurrent injury on October 26 and to request continuation-of-pay. Ms. Shivers' agency paid her for the period of October 26 through November 15, 1976, a total of $545.22. On February 23, 1977, the OWCP denied her claim and, therefore, she was not entitled to the continuation-of-pay she had received for the subject period. Our Claims Division found that since Ms. Shivers made her claim in good faith and reasonably could have believed that her medical condition had resulted from an injury which would qualify her for if I et5lt

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