Health Care:

Claim for Recredit of Sick and Annual Leave

B-193559: Published: Jul 17, 1980. Publicly Released: Jun 4, 1985.

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A firm representing the claimant requested reconsideration of a decision disallowing a claim for recredit of sick and annual leave. In the reconsideration, GAO sustained the action of the Claims Division. It was held that the employee was not entitled to the recredit of involuntary sick and annual leave as an employee may be involuntarily placed on sick leave when the cognizant administrative officals determine, based upon competent medical evidence, that the employee is incapacitated for the performance of assigned duties. Cases involving claims against the government are decided on the basis of the written record. The claimant has the burden of proof of establishing the liability of the United States and the claimant's right to payment. Moreover, GAO is not in a position to determine whether or not the original medical advice was in fact correct, nor can it decide whether or not the remedial action taken was sufficient to remedy the difficulty. GAO noted that there are no alternative appeals open to the claimant. However, he may file suit in the United States District Court if the amount of his claim is less than $10,000 or in the Court of Claims, no matter what the amount of the claim.

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