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B-186712 1 (1976-11-30)

handle is hein.gao/gaobaddzv0001 and id is 1 raw text is: L DECI!Sl l OF THIS UNITED STATEB 4 WASH-INGTON, 0. C, 20548 FILE: 1-186712 DATE: November 30, 19h6 MATTER OF: Burt F. Ravizza - Unpaid Compensation Due at Death DIGEST: Disallowance of claim Qf daughter of deceased employee for compensation due at death is sustained, Record shows that final judgment of dissolution of marriage between decedent and wife was vacated by court prior to death of employee, Employee therefore was still married at date of death and payment of unpaid compensation to wife was proper under 5 U. S. C. § 5582 in the absence of designation by employee of beneficiary. This action is taken in response to a request by Mrs. Marcia Metcalf for reconsideration of a settlement issued by our Claims Division on April 22, 1976, which disallowed her claim as daughter of Burt E. Ravizza, deceased, for unpaid compensation due the decedent at the date of his death. The record shows that claims or the unpaid compensation due Mr. Ravizza on the date of his death were received from Mrs. Metcalf, as the daughter of the decedent, and Mrs. Leah Rae Ravizza, as *rife of the decedent, by the United States Naval Weapons Station, Concord, California, which forwarded the mAtter to the Claims Division on February 6, 1976, The administrative report indicates that there is no evidence that Mr. Ravizza ever executed a Standard Form 1152, Designation of Beneficiary, specifying the disposition of his unpaid compensation. In these circumstances, the Claims Divi- sion authotized payment of the claim of Leah Rae Ravizza as the wife of the decedent and disallowed the claim of Mrs. Metcalf as the daughter of the decedent in accordance with the provisions of section 5582 of title 5, United States Code (1070). Mrs. Metcalf's claim to payment of the unpaid compensation due Mr, Ravizza at the date of his death is premised on the asser- tion that her father and Leah Rae Ravizza were divorced prior to his death. The record indicates in this regard that an action for dissolution of the marriage was initiated by Leah Rae Ravizza with the filing of a petition on February 6, 1974, in the Superior Court of California, County of Contra Costa, under the provisions of the California Civil Code, section 4503 (Deoring, 1972). Mr. Ravizza was served on February 13, 1974, and did not respond to the petition.

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