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B-184305 1 (1976-12-22)

handle is hein.gao/gaobadeao0001 and id is 1 raw text is: I I THE COMPTRCLLUR GENAERAL DECISION . OF THE UNITED *TATHE WASHINGTON. D. C. 2054S FILE: -184305 flATE: December 22, 1976 MATTER OF: Mary K. Heffernan - Claim for unpaid compensation of deceabed employee DIGEST: (1) Disallowance of claim of mother of decedent, for unpaid compensation due decedent at death, is sustained since daughter of decedent has prior right under 5 U.S.C. § 5582(b). (2) Where best evidence is not obtainable, GAO may exercise discretion in estab- lishing quantum of evidence necessary to support claim. This decision ib in response to a letter dated-May 26, 1975, from Mrs. Mary K. Heffernan, to our Claims Division1 appealing the CertificAte of Settlement Z-2567984 dated May 9, 1975, which disallowed her claim as the mother of W.lliam k. Heffernan, deceased, for unpaid compensation due him at the date of his death. The disposition of money due an employee at the time of his death is governed by 5 U.S.C. § 5582 (1970), which provides, in part that: (b) In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid: Ffrst, to the beneficiary or beneficiaries designated by the employee in a writing received In the employing agency before his death. Second, if there is no designated beneficiary, to the widow or widuwer of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by represention. I iA' K 4 I i

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