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[Challenge to the Accuracy of Weight Certificates]

B-210713 Mar 28, 1984
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Highlights

An Army employee requested reconsideration of a Claims Group settlement which disallowed his claim for relief from liability for excess baggage charges which he incurred when he was transferred and authorized to ship his household goods at Government expense. The Claims Group had found that the shipper had used the proper method of determining the weight of the household goods and that the record did not support a contention that the recorded weight was incorrect. In his request for reconsideration, the employee continued to argue that the weight recorded was overstated and that lax administration by the Army allowed the carrier to misrepresent the weight of the shipments to its benefit. Finally, he contended that six inventoried items for which he was charged transportation costs were not delivered. GAO will not question an agency's determination of the extent to which authorized weight limitations have been exceeded absent evidence clearly showing an error. GAO could not agree with the claimant that the method used in determining the weight of the shipment cast doubt upon the accuracy of the weight figures. GAO found that the claimant failed to meet the burden of proof necessary to discredit the challenged weight certificates. A carrier's liability for the value of lost cargo is distinct from the shipper's liability for freight charges. The shipper may seek reimbursement for the loss of property by submitting a claim to the carrier. However, the Government's liability for freight charges is not affected by the fact that certain items were not delivered. Therefore, no adjustment may be made crediting the claimant. Accordingly, the prior decision was sustained.

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