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5 U.S.C. § 8131 — Subrogation of the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an injury or death for which continuation of pay or 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 continuation of pay or 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, compensatio
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Source location: Title 5, Chapter 81, § 8131; chapter-081-compensation-for-work-injuries.md
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**(a)** If an injury or death for which continuation of pay or 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 continuation of pay or 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The United States shall furnish to an employee who is injured while in the performance of duty, the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished—
(1) whether or not disability has arisen;
(2) notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of chapter 83 of this title or another retirement system for employees of the Government; and
(3) by or on the order of United States medical officers and hospitals, or, at the employee’s option, by or on the order of physicians and hospitals designated or approved by the Secretary.
The employee may initially select a physician to provide medical services, appliances, and supplies, in accordance with such regulations and instructions as the Secretary considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees’ Compensation Fund.
**(b)** The Secretary, under such limitations or conditions as he considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Secretary may certify vouchers for these expenses out of the Employees’ Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury which was accepted by the employing agency as probably compensable u
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Federal law — U.S. Code and appendices · legal_authorities
Page 947
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8131
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface of the report.
§ 8129. Recovery of overpayments
(a) When an overpayment has been made to an
individual under this subchapter because of an
error of fact or law, adjustment shall be made
under regulations prescribed by the Secretary of
Labor by decreasing later payments to which
the individual is entitled. If the individual dies
before the adjustment is completed, adjustment
shall be made by decreasing later benefits pay-
able under this subchapter with respect to the
individual’s death.
(b) Adjustment or recovery by the United
States may not be made when incorrect pay-
ment has been made to an individual who is
without fault and when adjustment or recovery
would defeat the purpose of this subchapter or
would be against equity and good conscience.
(c) A certifying or disbursing official is not
liable for an amount certified or paid by him
when—
(1) adjustment or recovery of the amount is
waived under subsection (b) of this section; or
(2) adjustment under subsection (a) of this
section is not completed before the death of
all individuals against whose benefits deduc-
tions are authorized.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 788.
Sept. 7, 1916, ch. 458, § 38, 39
Stat. 749.
Oct. 14, 1949, ch. 691, § 206, 63
Stat. 864.
In subsection (a), the words ‘‘Subject to the provi-
sions of sections 786 and 787 of this title’’ and ‘‘if any’’
are omitted as surplusage.
In subsection (c), the word ‘‘official’’ is substituted
for ‘‘officer’’
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