B-107733, OCT. 25, 1968

B-107733: Oct 25, 1968

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CIRASO: THIS IS WITH REFERENCE TO YOUR LETTER OF SEPTEMBER 17. ON WHICH A PORTION OF YOUR CLAIM FOR OVERTIME WAS BASED. IN ITS REPORT ON THIS ASPECT OF YOUR CLAIM THE AGENCY INDICATED THAT THE TIME INVOLVED IN TESTING THE FIRE ALARM SYSTEM WAS MINIMAL AND DID NOT INVOLVE ANY OVERTIME WORK. WHERE THERE IS A DISPUTE BETWEEN A CLAIMANT AND AN ADMINISTRATIVE OFFICE AS TO THE FACTS OF A PARTICULAR CASE. IN OUR VIEW THE EVIDENCE YOU HAVE PRESENTED DOES NOT OVERCOME THAT OF THE AGENCY.

B-107733, OCT. 25, 1968

TO MR. ROCCO L. CIRASO:

THIS IS WITH REFERENCE TO YOUR LETTER OF SEPTEMBER 17, 1968, APPEALING FROM OUR OFFICE SETTLEMENT OF SEPTEMBER 28, 1967, DENYING YOUR CLAIM FOR OVERTIME COMPENSATION AS A FIREFIGHTER AT THE VETERANS ADMINISTRATION HOSPITAL, RUTLAND HEIGHTS, MASSACHUSETTS, DURING THE PERIOD FEBRUARY 1962 TO AUGUST 1964.

IN YOUR MOST RECENT LETTER YOU ASSERT THAT THE TESTING OF THE FIRE ALARM SYSTEM, ON WHICH A PORTION OF YOUR CLAIM FOR OVERTIME WAS BASED, TOOK APPROXIMATELY 1 HOUR EACH DAY SINCE YOU HAD TO MANUALLY WIND MANY GONGS.

IN ITS REPORT ON THIS ASPECT OF YOUR CLAIM THE AGENCY INDICATED THAT THE TIME INVOLVED IN TESTING THE FIRE ALARM SYSTEM WAS MINIMAL AND DID NOT INVOLVE ANY OVERTIME WORK.

WHERE THERE IS A DISPUTE BETWEEN A CLAIMANT AND AN ADMINISTRATIVE OFFICE AS TO THE FACTS OF A PARTICULAR CASE, IT LONG HAS BEEN THE RULE OF THIS OFFICE TO ACCEPT THE STATEMENT OF FACTS AS FURNISHED BY THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. IN OUR VIEW THE EVIDENCE YOU HAVE PRESENTED DOES NOT OVERCOME THAT OF THE AGENCY.

THEREFORE, ON THE BASIS OF THE PRESENT RECORD WE MUST SUSTAIN OUR SETTLEMENT OF SEPTEMBER 28, 1967.