BNUMBER:  B-233183.3
DATE:  September 14, 1995
TITLE:  [Letter]

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B-233183.3

September 14, 1995

Ms. Jeanne DiGange
Certifying Officer
U.S. Department of Agriculture
National Finance Center
P.O. Box 60,000
New Orleans, LA  70160

Dear Ms. DiGange:

This letter is in regard to Mrs. June P. Thomas's claim for the unpaid 
compensation due her deceased son, Mr. John A. Thomas, an employee of 
the Department of Agriculture at the time of his death in 1987.  The 
disbursement of this compensation was the subject of our decision, 
Estate of John A. Thomas, 68 Comp. Gen. 284 (1989), in which we 
considered competing claims by Mrs. Thomas and Mr. Manuel de Jesus 
Thomas Rivas, who claimed to be Mr. John Thomas's son.  Resolution of 
the matter required a determination of whether Mr. Rivas legally 
qualified as Mr. Thomas's son, a matter we found to be too uncertain 
for us to resolve.  We concluded therefore, that the claims were too 
doubtful for payment to either claimant, and we left the claimants to 
pursue their remedy in a court of competent jurisdiction.

Subsequently, in June P. Thomas v. Office of Personnel Management, No. 
92-3373 (Fed. Cir. April 5, 1993),[1] copy enclosed, which involved 
Mr. Thomas's Civil Service Retirement Fund lump-sum benefit, the court 
concluded that Mr. Rivas had not established his entitlement to 
payment and ordered payment of the lump-sum benefit to Mrs. Thomas.  
The determinative issue before the tribunals involved in that action 
was the same issue involved in the claim before our Office, i.e., 
whether Mr. Rivas had established that he is Mr. Thomas's son.  In 
view of the court's decision, we consider that the doubt as to the 
proper payee of the unpaid compensation has been resolved in Mrs. 
Thomas's favor.

Accordingly, payment of the unpaid compensation should be made to Mrs. 
Thomas pursuant to 5 U.S.C.  5582(b).

Mrs. Thomas has executed a General Power of Attorney appointing 
another son, Mr. Charles A. Thomas, as her attorney in fact, and he 
has pursued her claim before our Office on this basis.  We have 
verified that this Power of Attorney is valid and remains in effect.  
Accordingly, although payment should be made in Mrs. Thomas's name, 
the check should be sent to:

     Mr. Charles A. Thomas 
     Attorney In Fact for Mrs. June P. Thomas
     3109 Monticello Drive
     Raleigh, NC  27612

If you have any questions, please call Mr. Paul Britner, our staff 
attorney assigned to this matter, at (202) 512-8495.

Sincerely yours,

/s/Seymour Efros
for Robert P. Murphy
General Counsel

Enclosure

1. Reversing a decision of the Merit Systems Protection Board 
directing payment to Mr. Rivas, on the basis that he qualified as Mr. 
Thomas's surviving child under 5 U.S.C.  8342(c) (1988).