B-150087, NOV. 30, 1962

B-150087: Nov 30, 1962

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FOR ADDITIONAL COMPENSATION FOR THE PERIOD SHE WAS INVOLUNTARILY PLACED ON ANNUAL AND SICK LEAVE DURING THE PERIOD FEBRUARY 9 THROUGH AUGUST 14. YOU BELIEVE THAT THE FACTS INVOLVED IN MISS ABBOTT'S CASE ARE SIMILAR TO THOSE INVOLVED IN OUR DECISION 39 COMP. THAT ON THE PRECEDENT SET BY THAT DECISION SHE IS ENTITLED TO PAY FOR THE PERIOD OF HER INVOLUNTARY LEAVE OR TO THE RESTORATION OF SUCH LEAVE TO HER ACCOUNT. GEN. 154 THE EMPLOYEE INVOLVED WAS PLACED ON LEAVE PENDING AN AGENCY APPLICATION FOR DISABILITY RETIREMENT. THE DECISION OF THE AGENCY TO ASK FOR HIS DISABILITY RETIREMENT WAS BASED UPON VARIOUS FACTORS ONE OF WHICH WAS A MEDICAL REPORT WHICH DID NOT REACH THE CONCLUSION THAT THE INDIVIDUAL WAS TOTALLY UNFIT FOR FURTHER SERVICE.

B-150087, NOV. 30, 1962

MR. J. F. GRINER:

WE REFER TO YOUR LETTER OF OCTOBER 2, 1962, CONCERNING THE CLAIM OF MISS ASA ABBOTT, B-8 MEREDITH MANOR, TUSCALOOSA, ALABAMA, FOR ADDITIONAL COMPENSATION FOR THE PERIOD SHE WAS INVOLUNTARILY PLACED ON ANNUAL AND SICK LEAVE DURING THE PERIOD FEBRUARY 9 THROUGH AUGUST 14, 1961, PENDING ACTION OF THE CIVIL SERVICE COMMISSION UPON THE APPLICATION FOR HER DISABILITY RETIREMENT SUBMITTED BY THE VETERANS ADMINISTRATION HOSPITAL.

YOU BELIEVE THAT THE FACTS INVOLVED IN MISS ABBOTT'S CASE ARE SIMILAR TO THOSE INVOLVED IN OUR DECISION 39 COMP. GEN. 154, AND THAT ON THE PRECEDENT SET BY THAT DECISION SHE IS ENTITLED TO PAY FOR THE PERIOD OF HER INVOLUNTARY LEAVE OR TO THE RESTORATION OF SUCH LEAVE TO HER ACCOUNT. IN 39 COMP. GEN. 154 THE EMPLOYEE INVOLVED WAS PLACED ON LEAVE PENDING AN AGENCY APPLICATION FOR DISABILITY RETIREMENT. IN THAT CASE, HOWEVER, THE DECISION OF THE AGENCY TO ASK FOR HIS DISABILITY RETIREMENT WAS BASED UPON VARIOUS FACTORS ONE OF WHICH WAS A MEDICAL REPORT WHICH DID NOT REACH THE CONCLUSION THAT THE INDIVIDUAL WAS TOTALLY UNFIT FOR FURTHER SERVICE.

IN MISS ABBOTT'S CASE THE DETERMINATION TO PLACE HER ON LEAVE AND APPLY FOR HER RETIREMENT WAS BASED UPON MEDICAL AND PSYCHIATRIC REPORTS TO THE EFFECT THAT SHE WAS INCAPACITATED FOR THE PERFORMANCE OF THE DUTIES OF HER POSITION AND THAT FURTHER SERVICE MIGHT "AGGRAVATE AND INCREASE HER DISABILITIES.' THUS, THE ACTION OF THE VETERANS ADMINISTRATION HOSPITAL IN PLACING MISS ABBOTT ON LEAVE WAS BASED UPON COMPETENT MEDICAL ADVICE AND THERE IS NO BASIS FOR THE RECREDIT OF HER LEAVE OR PAYMENT TO HER IN LIEU OF SUCH LEAVE. SEE B 136721, JANUARY 18, 1960, COPY ENCLOSED. COMPARE LA RUFFA V. UNITED STATES, 129 CT.CL. 25 (1954).