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B-207143 1 (1982-12-30)

handle is hein.gao/gaobadkur0001 and id is 1 raw text is: s4 & DECISION THEI oCCMPTROLLURClENIERAL Op THE UNITED STATUn WA)IINCTON 0,0 90548 I I B-207143 DATE: December 30, 1982 MATTER I DIGEST: F: Joe Marvin (Deceased). Unpaid compensation of former employee (deceased) claimed by his daughter on behalf of herself and her brother and sister of the whole blood may not be paid to her in the absence of proof or a determination by a court of competent jurisdiction that her father was not married at the time of his death and that the class of children on whose behalf she claims constitutes all those entitled to payment. This action is in response to the appeal by Mrs. Josephine Marvin Smith, through her attorney, of the settlement of our Claims Group, issued May 14, 1981, which denied her claim for unpaid compensation due her deceased father, Joe Marvin, The settlement of the Claims Group is sustained because the evidence of record is insufficient to establish the claimant's entitlement to payment. Mr. Marvin was an employee of the Veterans Administration Hospital, Montgomery, Alabama, at the time of his death on January 1, 1981. He had not desig- nated a beneficiary for his unpaid compensation at the time of death. Initially, claims for Mr. Marvin's un- paid compensation were submitted by Mr. Marvin's ex- wife, Mrs. Ruby Cheatham Marvin, and by Mrs. Smith on behalf of herself, her brother, Joe Marvin III, and her sister, Dorothy J. Thomas, as children of the deceased. The provides shall be controlling statute, 5 U.S.C. that money due an employee at paid in the following ordec of S 5582(b) (1970), the time of death precedence: First, to the beneficiary or bene- ficiaries designated by the employee in a writing received in the employing agency before his death. FILE:

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