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B-185513 1 (1976-03-24)

handle is hein.gao/gaobaddmp0001 and id is 1 raw text is: I.- I MATTER OF: DIGEST: Laura A. Johnston - Reimbursement of damages to personal property white on official duty 1. Where NLB employee's private automobile sustained damages incident to NLRB service when struck by truck which left scene of accident, and such automobile was not covered by insurance while used for busi- ness purpose, claim under Federal Tort Claims Act may not be paid since claim by employee against United States is not .within purview of that Act. 28 U.S.C. 06 1346(b), 2671-2680 (1970). 2. Where MLRB employee's private automobile austained damages incident to N1LRB service when struck by truck which left scene of accident, and such automobile was not covered by insurance while used for busi- ness purpose, claim under Hilitary Per- sonnel and Civilian Employaes' Claims Act of 1964 may properly be considered for payment at dis-retion of Chairman of 1LRB or his designee. GAO has -no jurisdiction to consider claims for loss of, or danage to, personal prooerty under such Act. 31 Q.S.C. §9 240-243 (1970). Thi7 matter was submitted for an advance de:ision by James A. Stepiena an Authorized Certifying Officer at the National Labor Relations Board (1LRB). The question presented is whether a voucher dated August 20, 1975 in the amount of $371.50, in favor of 1s. Laurs A. Johnston, .NLB Field Lxaminer in the Pittsburgh, Pcnnsylvania regional office, reptusenting the amount of damages incurred by her when her private automobile was struck by a hit-and-run driver while her vehicle was being used on offi- cial NULR business, may properly be paid under provisions of either the Federal Tort Claime Act, 28 U.S.C. S 1346(b), 2671-2680 (1970), or the M1ilitary Personnel and Civilian Employees' Claims Act of 1964, 31 U.S.C. §6 240-243 (1970). The submission indicates that Ms. Laura A. Johnston was in Erie, Pennsylvania, on official NULR business on July 8, 1975. At approximately 0 CA - (j 6J((7.2j~~~ THE COMPTROLLER GENERAL D iN eOF THE UNITE: STATES WASHINGTON, [.C. 20548 FILE: DATE: MAR 24 1976 B-185513 0

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