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B-202182 1 (1982-01-19)

handle is hein.gao/gaobadkad0001 and id is 1 raw text is: / / 730 ~Kt O7, d H C~pT', N /, COMPTROLLER 3 RLAe I DECISION I O T'HE IUNITEDE BYATEIB WAJHINWTON, .,.2 O15,. FILE; B-202182 DATE: January 19, 1982 MATTER OF: Joseph Contarino, et al.- Hazardous Duty Differential DIG3EST: 19 claims of employees otherwise eligible for hazardous duty differential under 5 US.C § 5545(d) are denied because their exposure to the hazard was not irregular or intermittent as required by statute. 2. Whether particular situation warrants payment of a hazardous duty differen- tial is decision vested primarily in the employing agency and GAO will not substitute its judgment for that of agency officials unless that judgment was clearly wrong or was arbitrary and capricious. 3. In absence of statutory provision so authorizing, costs and attorney's fees arising out of claim against Government are not recoverable. Are General Schedule employees who are otherwise elJ.- 'gible for a hazardous duty differential under 5 U.S.C. §5545(d) entitled to it when their assigned duty involves regular and constant exposure to toxic chemical materials? This is the question presented by this case. For the follow- ing reasons, we answer it negatively. This decision is in response to consolidated appeals by Messrs. Joseph Contarino, Malcolm Brandenburg, Charles J. Triantafillos, Ms. Madlyn Stroud, Messrs. Marlow B. Ludwig and Albert J. May (claimants) from our Claims Group's actions of July 3, 1979, Settlement Cortificate Nos. Z-2914101 to Z-2814106, respectively, which denied their claims for haz- ardous duty differential under 5 U.S.C. § 5545(d). The claimants are presently (or formerly) employed as General Schedule employees by the Dental Clinic Prosthodontics Lab- oratory (DCPL) at Walter Reed Army Medical Center (WRAMC), Washington, D.C., and seek hazardous duty differential for 4 a

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