42 U.S.C. § 7385b — Payment in full settlement of claims

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 an individual of payment of compensation under part B with respect to a covered employee shall be in full satisfaction of all claims of or on behalf of that individual against the United States, against a Department of Energy con- tractor or subcontractor, beryllium vendor, or atomic weapons employer, or against any person with respect to that person’s performance of a contract with the United States, that arise out of an exposure referred to in section 7385 of this title. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3643], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L. 108–375, div. C, title XXXI, § 3162(c), Oct. 28, 2004, 118 Stat. 2186.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 substituted ‘‘Except as provided in part E, the acceptance’’ for ‘‘The acceptance’’. § 7385c. Exclusivity of remedy against the United States and against contractors and sub- contractors (a) In general The liability of the United States or an instru- mentality of the United States under this sub- chapter with respect to a cancer (including a specified cancer), chronic silicosis, covered be- ryllium illness, or death related thereto of a covered employee is exclusive and instead of all other liability— (1) of— (A) the United States; (B) any instrumentality of the United States; (C) a contractor that contracted with the Department of Energy to provide manage- ment and operation, management and inte- gration, or environmental remediation of a Department of Energy facility (in its capac- ity as a contractor); (D) a subcontractor that provided services, including construction, at a Department of Energy facility (in its capacity as a subcon- tractor); and (E) an employee, agent, or assign of an en- tity specified in subparagraphs (A) through (D); (2) to— (A) the covered employee; (B) the covered employee’s legal represent- ative, spouse, dependents, survivors, and next of kin; and (C) any other person, including any third party as to whom the covered employee, or the covered employee’s legal representative, spouse, dependents, survivors, or next of kin, has a cause of action relating to the cancer (including a specified cancer), chronic sili- cosis, covered beryllium illness, or death, otherwise entitled to recover damages from the United States, the instrumentality, the contractor, the subcontractor, or the em- ployee, agent, or assign of one of them, because of the cancer (including a specified can- cer), chronic silicosis, covered beryllium illness, or death in any proceeding or action including a direct judicial proceeding, a civil action, a pro- ceeding in admiralty, or a proceeding under a tort liability statute or the common law. (b) Applicability This section applies to all cases filed on or after October 30, 2000. (c) Workers’ compensation This section does not apply to an administra- tive or judicial proceeding under a Federal or State workers’ compensation law. (d) Applicability to part E This section applies with respect to part E to the covered medical condition or covered illness or death of a covered DOE contractor employee on the same basis as it applies with respect to part B to the cancer (including a specified can- cer), chronic silicosis, covered beryllium illness, or death of a covered employee. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3644], Oct. 30, 2000, 114 Stat. 1654, 1654A–509; Pub. L.