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5 U.S.C. § 8132 — Adjustment after recovery from a third person
Federal law — U.S. Code and appendices · legal_authorities
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 in a person other than the United States to pay damages, and a beneficiary entitled to continuation of pay or 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 on 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 continuation of pay or 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 continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or 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.
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Source file: Laws/federal/codes/united-states-code/title-5/section-8132-adjustment-after-recovery-from-a-third-person--a692cbdbab.md
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Source location: Title 5, Chapter 81, § 8132; chapter-081-compensation-for-work-injuries.md
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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 in a person other than the United States to pay damages, and a beneficiary entitled to continuation of pay or 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 on 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 continuation of pay or 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 continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or 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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia;
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and
(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire D
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8101
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8103
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Federal law — U.S. Code and appendices · legal_authorities
Page 948
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8132
1967 ACT
Section of
title 5
Source (U.S. Code)
Source (Statutes at Large)
8131(c) .......
5 App.: 776 (proviso).
July 4, 1966, Pub. L. 89–488,
§ 10(a), 80 Stat. 255.
Editorial Notes
REFERENCES IN TEXT
For definition of Panama Canal Company, referred to
in text, see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
AMENDMENTS
2022—Subsec. (a). Pub. L. 117–263, § 5305(b)(1)(A), in-
serted ‘‘continuation of pay or’’ before ‘‘compensation’’
in introductory provisions.
Subsec. (c). Pub. L. 117–263, § 5305(b)(1)(B), inserted
‘‘continuation of pay or’’ before ‘‘compensation already
paid’’.
Statutory Notes and Related Subsidiaries
PERSONNEL NOT AFFECTED BY 1967 INCREASE
Increases authorized under amendment by Pub. L.
90–83 not applicable to specified personnel, see section
7 of Pub. L. 90–83, set out as a note under section 8103
of this title.
§ 8132. Adjustment after recovery from a third
person
If an injury or death for which continuation of
pay or compensation is payable under this sub-
chapter is caused under circumstances creating
a legal liability in a person other than the
United States to pay damages, and a beneficiary
entitled to continuation of pay or 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 settle-
ment by him or on 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 continuation of pay
or compensation paid by the United States and
credit any surplus on future payments of com-
pensation payable to him for the same injury.
No court, insurer, atto
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8132
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