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B-207143 1 (1984-12-26)

handle is hein.gao/gaobadmby0001 and id is 1 raw text is: 1o049 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHING3TON. 0. C. 20548 FILE: B-207143 OATE: December 26, 1984 .MATTER OF- Joe Marvin (Deceased), Rec6 sidered~ DIGEST: A claim for the unpaid compensation of a deceased employee filed by his daughter on behalf of herself and her brother and sister of the whole blood was previously denied because of insufficient evidence that they were the legal beneficiaries of the claimed pay and that they constituted the entire class of individuals entitled to the payment. Although the issues then in doubt are unresolved, the other potential beneficiaries have failed to file claims for the unpaid compensation within 3 years of the former employee's death. Under the rule stated at 4 C.F.R. § 33.6(d) payment of the claim may be issued to the deceased employee's children on whose behalf the claim has been filed. This action is in response to a request for recon- sideration of Comptroller General decision, Joe Marvin (Deceased), B-207143, December 30, 1982. In that decision, the claim of the deceased employee's daughter, Josephine Marvin Smith, on behalf of herself, her brother, Joe Marvin III, and her sister, Dorothy J. Marvin Thomas, for their father's unpaid compensation was disallowed because of the insufficiency of evidence necessary to give the Government a good acquittance in the settlement of the claim. Since the time specified for the other potential claimants to file claims has passed and no such claims have been filed the deceased employee's unpaid compensation may be paid in equal shares to his children on whose behalf the present claim is now filed. When we first considered Mrs. Smith's claim for her deceased father's unpaid compensation, evidence of record showed that in 1960 Mr. Marvin had represented that he was married to Mary Jean Jackson on March 5, 1949, in Montgomery, Alabama. Although evidence was presented by Mrs. Smith, through her attorney, that there is no official state record of the marriage of Joe Marvin and Mary Jean Jackson between 1946 and 1981, the facts in the case gave

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