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42 U.S.C. § 7385b — Offset for certain payments
Federal law — U.S. Code and appendices · legal_authorities
A payment of compensation to an individual, or to a survivor of that individual, under this subchapter shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that individual on account of the exposure for which compensation is payable under this subchapter.
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Stable record: federal_law:legal_authorities:record_usc_944a363d011f57f144732b1e
Source file: Laws/federal/codes/united-states-code/title-42/section-7385b-offset-for-certain-payments--8534c88808.md
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Source location: Title 42, Chapter 84, § 7385b; chapter-084-department-of-energy.md
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A payment of compensation to an individual, or to a survivor of that individual, under this subchapter shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that individual on account of the exposure for which compensation is payable under this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compensation provided**
(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered employee if the employee is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness in the amount of $150,000.
(2) A covered employee shall, to the extent that employee’s occupational illness is established beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1).
**(b) Medical benefits** A covered employee shall receive medical benefits under [section 7384t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384t&num=0&edition=prelim) for that employee’s occupational illness.
**(c) Beryllium sensitivity monitoring** An individual receiving beryllium sensitivity monitoring under this subsection shall receive the following:
(1) A thorough medical examination to confirm the nature and extent of the individual’s established beryllium sensitivity.
(2) Regular medical examinations thereafter to determine whether that individual has developed established chronic beryllium disease.
**(d) Payment from compensation fund** The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under [section 7384e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384e&num=0&edition=prelim).
**(e) Payments in the case of deceased persons**
(1) In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee’s occupational illness, such payment may be made o
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7384u
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Health and Human Services shall carry out that Secretary’s responsibilities with respect to the compensation program with the assistance of the Director of the National Institute for Occupational Safety and Health.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Effect of tort cases filed before enactment of original law**
(1) Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) before October 30, 2000, such individual shall be eligible for compensation and benefits under part B.
(2) If such tort case remained pending as of December 28, 2001, and such individual does not dismiss such tort case before December 31, 2003, such individual shall not be eligible for such compensation or benefits.
**(b) Effect of tort cases filed between enactment of original law and enactment of 2001 amendments**
(1) Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) during the period beginning on October 30, 2000, and ending on December 28, 2001, such individual shall not be eligible for such compensation or benefits.
(2) If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation or benefits.
(3) The last permissible date referred to in paragraph (2) is the later of the following dates:
(A) April 30, 2003.
(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by part B of a covered employee may be connected to the exposure of the covered employee in the performance of duty under [section 7384n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384n&num=0&edition=prelim).
**(c) Effect of tort cases filed after enactment of 2001 amendments**
(1) If an otherwise eligible individual files a tort case specified in subsection (d) after December 28, 2001, such individual shall not be eligible for such compens
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7385f
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Federal law — U.S. Code and appendices · legal_authorities
Page 7148
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7385a
subchapter shall be offset by the amount of any
payment made pursuant to a final award or set-
tlement on a claim (other than a claim for
worker’s compensation), against any person,
that is based on injuries incurred by that indi-
vidual on account of the exposure for which
compensation is payable under this subchapter.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3641],
Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L.
108–375, div. C, title XXXI, § 3162(a), Oct. 28, 2004,
118 Stat. 2186.)
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–375 substituted ‘‘this subchapter’’
for ‘‘part B’’ and ‘‘on account of the exposure for which
compensation is payable under this subchapter’’ for
‘‘on account of the exposure of a covered beryllium em-
ployee, covered employee with cancer, covered em-
ployee with chronic silicosis (as defined in section 7384r
of this title), or covered uranium employee (as defined
in section 7384u of this title), while so employed, to be-
ryllium, radiation, silica, or radiation, respectively’’.
§ 7385a. Subrogation of the United States
Upon payment of compensation under this
subchapter, the United States is subrogated for
the amount of the payment to a right or claim
that the individual to whom the payment was
made may have against any person on account
of injuries referred to in section 7385 of this
title.
(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3642],
Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L.
108–375, div. C, title XXXI, § 3162(b), Oct. 28, 2004,
118 Stat. 2186.)
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–375 substituted ‘‘this subchapter’’
for ‘‘part B’’.
§ 7385b. Payment in full settlement of claims
Except as provided in part E, the acceptance
by
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7385b
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