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B-228750 1 (1988-10-07)

handle is hein.gao/gaobadnfw0001 and id is 1 raw text is: The Comptroller General of the United States Wmagoa, D.C. 20648 Decision Ned E. Kerr (Deceased) - Claims for Unpaid Compensation Matter of: B-228750 File: Date: October 7, 1988 DIGEST In cases of conflicting claims for the unpaid compensation of a deceased employee, we generally require either evidence sufficient to allow one claim and deny all others or a judicial determination by a court of competent jurisdiction establishing entitlement. Since this case presents several legal and factual conflicts on the written record, we believe that it would be better for a court of competent jurisdiction to resolve it. DECISION This decision is in response to a request from the Army Finance and Accounting Center concerning which one of several claimants is entitled to the unpaid compensation ($369.02) of Ned E. Kerr (Deceased), a former civilian employee of the Army Corps of Engineers. For the following reasons, we believe that a court of competent jurisdiction, rather than our Office, should resolve this matter. BACKGROUND Mr. Kerr died on May 19, 1986, as a result of injuries received in a vehicular accident while on duty that day. Prior to his death, he had not filed any designation of beneficiary form for unpaid compensation. Thus, the recipient(s) entitled to receive his unpaid compensation will be determined by the order of precedence in 5 U.S.C. 5 5582(b) (1982). Section 5582(b) provides that money due an employee at the time of his death shall be first paid to the beneficiary or beneficiaries designated by the employee in a writing or next, if there is no designated beneficiary, to the widow or widower of the employee, and then in descending order to the children, the parents, the legal representative of the estate, or other heirs.

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