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B-203080 1 (1982-06-08)

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THU~ OMPTRDL.LEII1
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B-203080


GENTAL
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DATEI Jtne 8, 1982


                                I .
3F:  Billy J. Stafford - Per Diem and Travel
     Expenses While on Temporar4 Duty - IliI

1. An employee became incapacitated and
    was hospitalized at a temporar9, duty
    station. Subsequently, he vias Ire-
    leased from the hospital to transfer
    to another medical facility nearer
    his home for continued treatment#
    Provisions of 5 U.S.C. 5 5702(b) (1976),
    and FTR paragraph 1-7.5b(1).-are to be
    liberally construed in order to accom-
    plish the statute's equitable ptrpose.
    Therefore, an employee who bev.omes
    incapacitated while away on temporary
    duty is entitled to receive up to 14
    days of per diem for the period of
    his incapacitation while away from
    his post of duty.


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        2.   Under FTR paragraphs 1-2.4 and 1-2.5b,
             an employee who become3 incapacitated
             while away on temporary duty is en-
             titled to reiribursement of those travel
             expenses sufficient to return the em-
             ployee from his temporary duty station
             to his post of duty by a direct and
             usually traveled route.

     The Chief of the Accountihg Soction of the South-
west Region, Internal Revenue Pervice (IRS), has asked
this Office for a decision as to whether she may properly
certify for payment the claim of Billy J. Stafford, an
employee of IRS. Mr. Stafford seeks payment for travel
expenses and per diem in connection with his incapacita-
tion due to illness while on temporary duty away from
his post of duty. ,3eca'se Hr. Stnfford returned to hir
post of duty by an indirect rout. in order to obtain
further medical treatment, IRS limited reimbursement
on his original voucher to the travel expenses and
per diem to which he would have been entitled had he
returned via a direct rotte. tic. Stafford has reclaimed
the additional travel expenses and per diem.


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