20 C.F.R. § 341.3

Notice of lien

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(a) Notice to alleged tortfeasor. The Board shall mail a “Notice of Lien” to each person or company identified as liable or potentially liable for causing the employee's infirmity. The “Notice of Lien” will notify the person or company of the Board's right to reimbursement. The notice shall include:

(1) The employee's name, address and social security number;

(2) The date and place of the accident; and

(3) The employee's occupation, if injured on duty.

(b) Notice to employee. A notice regarding repayment of sickness benefits shall be sent to an employee who names a party other than a railroad as the alleged tortfeasor.

(c) Notice of amount of lien. The amount of the Board's lien shall be reported, upon request, to a railroad or other person or company that may be liable for paying damages, or to the employee, or to an attorney representing any of those parties. The amount of the lien shall be reported whether or not the terms of a settlement have been agreed upon. When requested, a list showing the sickness benefits paid for each claim period may be furnished.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1992–2025 · leading case: Washington v. Atchison, Topeka & Santa Fe Ry. Co., 834 P.2d 433 (N.M. Ct. App. 1992).

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Washington v. Atchison, Topeka & Santa Fe Ry. Co., 834 P.2d 433 (N.M. Ct. App. 1992). · cites it 2× “Section 362 (o) (1989), as implemented by 20 C.F.R. Section 341.3 (1991). These sections create a statutory lien for reimbursement of benefits paid by the Railroad Retirement Board to an employee in the event that the employee sues and recovers any sum for damages based on the…”

Saunders v. Union Pac. R.R. Co. (N.M. Ct. App. 2025). “§ 362 (o), and 20 C.F.R. §§ 341.3 through-341.9 (2024), which 6 together create a statutory lien for reimbursement of benefits paid by the RRB.”

Saunders v. Union Pac. R.R. Co. (N.M. Ct. App. 2025). “§ 362 (o), and 20 C.F.R. §§ 341.3 through-341.9 (2024), which together create a statutory lien for reimbursement of benefits paid by the RRB.”

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