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B-233183.3 1 (1995-09-14)

handle is hein.gao/gaobabllf0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-233183.3 September 14, 1995 Ms. Jeanne DiGange Certifying Officer U.S. Department of Agriculture National Finance Center P.O. Box 60,000 New Orleans, LA 70160 Dear Ms. DiGange: This letter is in regard to Mrs. June P. Thomas's claim for the unpaid compensation due her deceased son, Mr. John A. Thomas, an employee of the Department of Agriculture at the time of his death in 1987. The disbursement of this compensation was the subject of our decision, Estate of John A. Thomas, 68 Comp. Gen. 284 (1989), in which we considered competing claims by Mrs. Thomas and Mr. Manuel de Jesus Thomas Rivas, who claimed to be Mr. John Thomas's son. Resolution of the matter required a determination of whether Mr. Rivas legally qualified as Mr. Thomas's son, a matter we found to be too uncertain for us to resolve. We concluded therefore, that the claims were too doubtful for payment to either claimant, and we left the claimants to pursue their remedy in a court of competent jurisdiction. Subsequently, in June P. Thomas v. Office of Personnel Management, No. 92-3373 (Fed. Cir. April 5, 1993),1 copy enclosed, which involved Mr. Thomas's Civil Service Retirement Fund lump-sum benefit, the court concluded that Mr. Rivas had not established his entitlement to payment and ordered payment of the lump-sum benefit to Mrs. Thomas. The determinative issue before the tribunals involved in that action was the same issue involved in the claim before our Office, i.e., whether Mr. Rivas had established that he is Mr. Thomas's son. In view of the court's 1Reversing a decision of the Merit Systems Protection Board directing payment to Mr. Rivas, on the basis that he qualified as Mr. Thomas's surviving child under 5 U.S.C. § 8342(c) (1988). 804920

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