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Claim for Retroactive Compensation

B-195612 Sep 21, 1979
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Highlights

An employee appealed the denial of his claim for retroactive temporary promotion and backpay. The employee, whose job was abolished due to a reduction in force, was placed in a lower grade position and claimed to have continued performing the duties of the higher grade position until his retirement nearly 6 years later. The employing agency stated that another person had performed these duties during that period. GAO has held that although an employee may not be allowed backpay for the performance of duties, which should be classified at a higher grade, he may be granted backpay if he is detailed to a higher grade position and retained in that detail for a period in excess of 120 days. In this case, there is some dispute about who performed the duties in question. GAO decides cases on the basis of the written record with the burden of proof to establish the liability of the United States and the claimant's right to payment on the claimant. Since the written record presented a material dispute of fact that could not be resolved without an adversary hearing, GAO was required to deny the claim. Accordingly, the prior decision disallowing the claim was sustained.

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