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Mailman Fell backwards backpeddling from dog

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justalayman

Senior Member
From cbg’s link;

The Federal Employees' Compensation Act (FECA) mandates that claimants must, for any injury caused by a person other than the United States (a "third party"), pursue the third party and attempt to recover damages. Any recovery must be reported to determine whether a portion of the recovery is required to be paid to the United States as reimbursement for the FECA benefits that have been paid because of that injury.
I see that as a problem. It (purports) there is a legally binding mandate the injured party actually act to recover damages, and then repay WC if they deem it proper.

How does any entity demand you do the leg work to sue only to have the award taken? If WC wants repayment they should act like any other insurance provider and assert their rights of subrogation (that I presume is in their policies)
 


HRZ

Senior Member
US postal manual section 547 deals with 3d party liability ...it's a very long section and I could not get it to post.
 

cbg

I'm a Northern Girl
I see it as a problem too, JAL, but I just posts them, I doesn't defend them.

Seems to me to be contrary to the whole concept of workers comp. But that's the Feds for you.
 

PayrollHRGuy

Senior Member
Seems to me to be contrary to the whole concept of workers comp. But that's the Feds for you.
It changes the right to attempt to subrogate by the carrier or self insured employer to a duty of the employee. But as you said CBG, that's the Feds for you.
 

justalayman

Senior Member
So I’m curious; what happens if the injured party doesn’t attempt to recoup financial damages that were paid by the insurer? Does the insurance company bill the injured party and if rebuked, then sue the injured party?
 

PayrollHRGuy

Senior Member
I'm not seeing that in the actual law now that I have read through it.

I did find these.

Federal Employees' Compensation Act

§8131. Subrogation of the United States

(a) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to--

(1) assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or

(2) prosecute the action in his own name.


An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.

(b) A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter.

(c) The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees' Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.

(d) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation--

(1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or

(2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company.

§8132. Adjustment after recovery from a third person

If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If compensation has not been paid to the beneficiary, he shall credit the money or property on compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney's fee proportionate to the refund to the United States.
 

quincy

Senior Member
So, my understanding from that is that Good Hair Gary can either pursue a personal injury claim against the homeowners himself or he can assign the right to pursue them to his employer (the USPS).
 

justalayman

Senior Member
So, my understanding from that is that Good Hair Gary can either pursue a personal injury claim against the homeowners himself or he can assign the right to pursue them to his employer (the USPS).
That’s not how I read it.


8131(a)(2) says the injured party can be required to engage a prosecution in his own name.


Then 8131(b) says if they refuse they can be denied benefited
 

quincy

Senior Member
I read it that either is a possibility but it appears to make the option of the injured party suing in their own name the employers choice.
Good Hair Gary might want to get clarification from the USPS.

An injured worker cannot be prohibited from pursuing a personal injury action, even in states where workers compensation is said to be the "exclusive remedy" for workers' injuries. But I don't see how a worker can be forced to pursue a private action in order to get workers compensation benefits.

Again, the wording to me is strange - and I am currently not up to researching how the law has been applied. :)
 

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