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B-193533 1 (1979-02-15)

handle is hein.gao/gaobadgyb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OF THE UNITED STATES WASH NGTON, 0.C. 20548 FILE: B-193533 MATTER DIGEST: DATE: FEE 1.5 1979, OF: Erma Dees-flaim under Military Personnel and Civilian Employees' Claims Act of 1964U Military Personnel and Civilian Employees' Claims Act of 1964 provides that claim may be allowed only if use of employee's property under the particular circumstances was reasonable, useful, or proper, and if damage to employee's property was not caused wholly or partly by employee's negligence. Settlement is final and conclu- sive if statutory conditions are met. Claim of National Labor Relations Board employee for damage to motor vehicle resulting from accident where other participant in accident is compensated under Federal Tort Claims Act, is not cognizable under Military Personnel and Civilian Employees' Claims Act since settlement under Federal Tort Claims Act amounts to determination of employee's negligence. Ms. Mary Ann Hawkins, an authorized certifying officer of the National Labor Relations Board (NLRB), has asked whether an employee's claim under the provisions of the Military Personnel and Civilian Employees' Claims Act of 1964, as amended (the Act), 31 U.S.C. §§ 240-243 (1976), can be paid when negligence is a factor and the employee carries no insurance. We were informally advised by the certifying officer that the claim was submitted to her by the Tort Claims Officer, the NLRB designee for settling claims of this type, who approved payment pending a determination by our Office of the stated issue. According to the information submitted, on April 25, 1978, the date of the accident, Ms. Erma Dees, a cooperative student employee, was engaged in conducting a representative case election for the NLRB in Xenia, Ohio. While on her way to lunch, the employee entered an intersection controlled by what she presumed to be a yellow caution light, and struck the left side of a vehicle entering the intersection from the right. As a result of the accident, the local police charged the employee with Disobeying Traffic Light. The other participant in the accident is being compensated for the damage to his vehicle of $326.06 under the provisions of DECISitN

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