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B-214631 1 (1984-08-24)

handle is hein.gao/gaobadlwf0001 and id is 1 raw text is: THE COMPTROLLER MINIMAL OO ISION • OP THU UNITEO STATES 9 WASHINGTON. O.C. 20546 FILE: B-214631 DATE: August 2h, 1984 MATTER OF: Memphis Defense Depot - Employee's Claim for Backpay DIGEST: Agency placed employee on involuntary leave following fitness-for-duty examination and filed for her disability retirement. After disability retirement was denied by Office of Personnel Management (OPM), employee claimed back- pay for period of involuntary leave and leave without pay. Claim is denied since OPM did not overturn medical evidence submitted by agency and agency action was based on competent medical evidence. The issue in this decision involves an employee's claim for backpay where the agency placed her On involuntary leave pending action on an agency-filed petition for disability retirement. We disallow her claim for backpay. Even though the agency application for disability retirement was denied by the Office of Personnel Management (OPM), the medical findings submitted by the agency were not overturned by OPM, and the agency's action in placing her on involuntary leave was based on competent medical evidence. This is in response to a request from R. G. Bordley, Chief, Accounting and Finance Division, Office of the Comptroller, Defense Logistics Agency (DLA). The request concerns the backpay claim of a DLA employee stationed at the Defense Depot in Memphis, Tennessee. The agency report states that during 1982 the employee displayed erratic behavior problems, was non-productive, and on several occasions totally disrupted her office. She was ordered to undergo a fitness-for-duty psychological examination which was performed by Dr. Nora V. Reyes, who had previously treated the employee. The findings of this evaluation were reviewed by the Depot Medical Officer, Dr. E.F. McDaniel, and he determined on December 7, 1982,

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