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B-210211 1 (1983-04-11)

handle is hein.gao/gaobadkzp0001 and id is 1 raw text is: T L T.HE COMPTROLLER GENERAL~ DECISION _ OF THE UNITED STATES , ASHINGTON. 0.C. 20549 FILE: B-210211 DATE: April 11, 1983 MATTER OF: Darell K. Seymour DIGEST: Following a 1-workday break in service, a former employee of the Panama Canal Company, who received a lump-sum payment from the Company for his accrued leave, was reemployed by the Department of the Navy. He is required by statute to refund the amount of the lump-sum leave payment he received except the amount covering his one day break in service since he was employed in Government service during the period covered by the lump-sum payment. The Government's claim may not be waived since, even if it is considered as an erroneous payment, the employee was not without fault in the matter. This action is taken upon the appeal by Mr. Darell K. Seymour, a civilian employee of the Department of the Navy, of the action of our Claims Group which denied his request for waiver of the claim of the United States against him. The claim arose as a result of a lump-sum payment made to him for annual leave following the termination of his employment with the Panama Canal Company. We conclude that ,'under the circumstances of this case the denial of waiver must be sustained. Mr. Seymour was separated from employment with the Panama Canal Company on Thursday, August 4, 1977. Following a 1-workday break in service, he was employed by the Depart- ment of the Navy and reported for duty at the Puget Sound Naval Shipyard on Monday, August 8, 1977. Subsequently he received payment from the Panama Canal Company for 497 hours of accumulated and accrued annual leave covering the period August 5 through October 31, 1977. By memorandum dated October 18, 1977, the Navy Depart- ment notified Mr. Seymour that his leave record from the Panama Canal Company showed that he had received dual pay since he had received regular pay from the Navy and a lump- sum leave payment from the Panama Canal Company for the same period. He was informed of his obligation to refund the

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