Third Party Liability | Midpage

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Code of Federal Regulations

ECFR9fbb19ea52636ce

Third Party Liability

10.705When must an employee or other FECA beneficiary take action against a third party?10.706How will a beneficiary know if OWCP or SOL has determined that action against a third party is required?10.707What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement that the claim be “prosecuted”?10.708Can a FECA beneficiary who refuses to comply with a request to assign a claim to the United States or to prosecute the claim in his or her own name be penalized?10.709What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully prosecuted at a reasonable cost?10.710Under what circumstances must a recovery of money or other property in connection with an injury or death for which benefits are payable under the FECA be reported to OWCP or SOL?10.711How is the amount of the recovery of the FECA beneficiary determined?10.712How much of any settlement or judgment must be paid to the United States?10.713How is a structured settlement (that is, a settlement providing for receipt of funds over a specified period of time) treated for purposes of reporting the gross recovery?10.714What amounts are included in the refundable disbursements?10.715Is a beneficiary required to pay interest on the amount of the refund due to the United States?10.716If the required refund is not paid within 30 days of the request for repayment, can it be collected from payments due under the FECA?10.717Is a settlement or judgment received as a result of allegations of medical malpractice in treating an injury covered by the FECA a gross recovery that must be reported to OWCP or SOL?10.718Are payments to a beneficiary as a result of an insurance policy which the beneficiary has purchased a gross recovery that must be reported to OWCP or SOL?10.719If a settlement or judgment is received for more than one wound or medical condition, can the refundable disbursements paid on a single FECA claim be attributed to different conditions for purposes of calculating the refund or credit owed to the United States?