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B-163276, MAY 27, 1968

B-163276 May 27, 1968
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EVANS: THIS IS IN REPLY TO YOUR LETTERS OF MARCH 24. CONCERNING YOUR ENTITLEMENT TO SEVERANCE PAY WHICH WAS THE SUBJECT OF OUR DECISIONS TO YOU OF MARCH 5. THAT YOU WERE PREVENTED FROM REPORTING BY AN INJURY TO YOUR KNEE SUFFERED WHILE TRAVELING TO PLATTSBURGH. THAT YOU WERE ON SICK LEAVE AND ADVANCE SICK LEAVE FOR SIX WEEKS WHILE RECOVERING AND THAT THE PLATTSBURGH OFFICE HAD HELD THE JOB OPEN FOR THREE WEEKS AND THEN FILLED IT WITH SOMEONE ELSE. AS A CONSEQUENCE YOU WERE NEVER REGARDED AS HAVING BEEN IN THE HIGHER GRADE. EVANS' WORK IN 1960 ARE STILL EMPLOYED IN THE PITTSBURGH ENGINEER DISTRICT AND REMEMBER MR. AN ACCIDENT WHICH MAY HAVE OCCURRED ENROUTE. 60 AND 61 WERE CHECKED. EVANS' NAME WAS NOT ON THESE LISTS.

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B-163276, MAY 27, 1968

TO MR. STANLEY J. EVANS:

THIS IS IN REPLY TO YOUR LETTERS OF MARCH 24, 1968, APRIL 14, 1968, AND MAY 5, 1968, CONCERNING YOUR ENTITLEMENT TO SEVERANCE PAY WHICH WAS THE SUBJECT OF OUR DECISIONS TO YOU OF MARCH 5, 1968, AND FEBRUARY 13, 1968, B -163276.

IN YOUR LETTERS YOU POINT OUT THAT IN A SIMILAR SITUATION YOUR TRANSFER FROM THE OFFICE OF THE DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, PITTSBURGH, PENNSYLVANIA, TO PLATTSBURGH, NEW YORK, IN 1960, TO A HIGHER GRADE POSITION HAD BEEN FINALIZED, BUT THAT YOU WERE PREVENTED FROM REPORTING BY AN INJURY TO YOUR KNEE SUFFERED WHILE TRAVELING TO PLATTSBURGH. YOU STATE IN YOUR LETTER OF JANUARY 14, 1968, THAT YOU WERE ON SICK LEAVE AND ADVANCE SICK LEAVE FOR SIX WEEKS WHILE RECOVERING AND THAT THE PLATTSBURGH OFFICE HAD HELD THE JOB OPEN FOR THREE WEEKS AND THEN FILLED IT WITH SOMEONE ELSE. AS A CONSEQUENCE YOU WERE NEVER REGARDED AS HAVING BEEN IN THE HIGHER GRADE. YOU FEEL THAT THE SAME RULE SHOULD BE APPLIED WITH RESPECT TO THE POSITION YOU AGREED TO ACCEPT IN BLUE ISLAND, ILLINOIS, BUT LATER DECLINED IN THE AFTERNOON OF THE SAME DAY YOU REPORTED FOR DUTY AT THAT LOCATION.

WITH RESPECT TO YOUR TRANSFER FROM PITTSBURGH TO PLATTSBURGH THE OFFICE OF THE CHIEF OF ENGINEERS MADE THE FOLLOWING REPORT:

"THE OFFICIAL PERSONNEL FOLDER CONTAINS NO INFORMATION PERTAINING TO A CHANGE IN STATION FROM THE PITTSBURGH DISTRICT OFFICE TO THE NEW YORK DISTRICT OFFICE.

"BOTH THE PERSONNEL OFFICER AND THE RESIDENT ENGINEER WHO SUPERVISED MR. EVANS' WORK IN 1960 ARE STILL EMPLOYED IN THE PITTSBURGH ENGINEER DISTRICT AND REMEMBER MR. EVANS. NEITHER COULD RECALL ANY NEGOTIATIONS FOR A TRANSFER TO THE NEW YORK DISTRICT, AN ACCIDENT WHICH MAY HAVE OCCURRED ENROUTE, OR A RETURN TO HIS FORMER JOB IN PITTSBURGH. FURTHER, SAFETY RECORDS FOR CALENDAR YEARS 1959, 60 AND 61 WERE CHECKED. THESE CONSISTED OF AN ALPHABETICAL LIST OF ACCIDENTS, AN ALPHABETICAL FILE OF FORMS C.A.- 1, AND A LIST OF LOST TIME ACCIDENTS BY NAME OF EMPLOYEES. MR. EVANS' NAME WAS NOT ON THESE LISTS; THEREFORE, IT APPEARS THAT ANY ACCIDENT HE MAY HAVE HAD WAS NOT AN -ON-THE-JOB ACCIDENT.- "

ADDITIONALLY, BASED ON THE FACTS WITH WHICH YOU HAVE SUPPLIED OUR OFFICE THERE APPEARS TO BE CONSIDERABLE VARIANCE INSOFAR AS FINALITY IS CONCERNED BETWEEN A TRANSFER WHEREIN YOU DID NOT REPORT TO YOUR NEW DUTY STATION BECAUSE OF AN INCAPACITATING INJURY OF UNKNOWN DURATION WITH THE APPOINTMENT BEING HELD OPEN FOR THREE WEEKS PRIOR TO BEING CANCELLED AND THE INSTANT SITUATION INVOLVING YOUR TRAVEL TO AND REPORTING AT YOUR NEW DUTY STATION IN BLUE ISLAND, ILLINOIS, PURSUANT TO ORDERS. UNDER THE CIRCUMSTANCES WE DO NOT CONSIDER THE SITUATIONS TO BE SO SIMILAR AS TO REQUIRE THE SAME RESULT. LIKEWISE, YOUR ENTITLEMENT TO SEVERANCE PAY IS DETERMINED UNDER THE EXISTING LAW AND REGULATIONS.

ACCORDINGLY, WE FIND NO BASIS FOR MODIFYING OUR PRIOR DETERMINATION IN YOUR CASE RESPECTING YOUR ENTITLEMENT TO SEVERANCE PAY.

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