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.
Notes of Decisions
Keene Corp. v. United States, 508 U.S. 200 (1993).
· cites it 2× “Keene also added a takings claim for the Government's allegedly improper recoupment, under the Federal Employees' Compensation Act (FECA), 5 U. S. C. § 8132 , of money paid by Keene to claimants covered by the Act.”
United States v. Eisenberg, 149 F. Supp. 3d 71 (D.D.C. 2015).
· cites it 9× “The United States alleges that, under 5 U.S.C. § 8132 , Eisenberg was required to refund to the United States funds totaling $96,295.”
Gonzalez v. Dep't of Labor, 609 F.3d 451 (D.C. Cir. 2010).
· cites it 7× “(ABM). IDESA, a Mexican company, was also an ABM subsidiary from 1990 until 1996.”
Thurman v. State Farm Mut. Auto. Ins., 598 S.E.2d 448 (Ga. 2004).
· cites it 3× “attorney shall pay or distribute to the beneficiary the proceeds of such suit or settlement without first satisfying or assuring the satisfaction of the interest of the United States” (5 USCA § 8132), Brown’s liability insurance carrier issued three checks: one to the Thurmans,…”
Lorenzetti, Paul B. v. United States, 710 F.2d 982 (3rd Cir. 1983).
· cites it 6× “See 5 U.S.C. § 8132 . The underlying issue is relatively straightforward-does § 8132 compel a government employee who has received benefits under FECA to reimburse the government, even in cases where the berieficiary of such coverage is barred by state law from including in his…”
Flanigan v. Dep't of Labor & Indus., 869 P.2d 14 (Wash. 1994).
· cites it 2× “This section makes no mention of the nature of damages recovered from the employers, but rather is written only in terms of the amount of the compensation and benefits.”
Ocasio v. Fed. Express Corp., 33 A.3d 1139 (N.H. 2011).
· cites it 4× “Moreover, the Federal Act requires the plaintiff to refund to the United States any money he receives as a result of a suit or settlement from a third party, less costs of the suit and a reasonable attorney’s fee, see 5 U.S.C.A. § 8132 ; see also 20 C.F.R. § 10.”
Adams v. State Farm Mut. Auto. Ins. Co., 679 S.E.2d 726 (Ga. Ct. App. 2009).
· cites it 4× “[3] The applicable federal statute, 5 USCS § 8132, specifically provides for mandatory adjustment after recovery from a third party: If an injury or death for which compensation is payable under this subchapter [5 USCS §§ 8101 et seq.”
Keene Corp. v. United States, 700 F.2d 836 (2d Cir. 1983).
“5 U.S.C. § 8132 . Once again Keene claims jurisdiction for its claim under the FTCA and SIAA, which we have already held to be barred.”
United States v. Philip Morris Inc., 116 F. Supp. 2d 131 (D.D.C. 2000).
“The Senate Report accompanying the original Medicare Act states that Medicare will not pay "for any item or service furnished an individual if neither the individual nor any other person (such as a prepayment plan) has a legal obligation to pay for or provide the services,” and…”
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