20 C.F.R. § 10.707 What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement that the claim be “prosecuted”?
Title 20 - Employees' Benefits
At a minimum, a FECA beneficiary must do the following: (a) Seek damages for the injury or death from the third party, either through an attorney or on his or her own behalf; (b) Either initiate a lawsuit within the appropriate statute of limitations period or obtain a written release of this obligation from OWCP or SOL unless recovery is possible through a negotiated settlement prior to filing suit; (c) Refuse to settle or dismiss the case for any amount less than the amount necessary to repay OWCP's refundable disbursements, as defined in §10.714, without receiving permission from OWCP or SOL; (d) Provide periodic status updates and other relevant information in response to requests from OWCP or SOL; (e) Submit detailed information about the amount recovered and the costs of the suit on a “Statement of Recovery” form approved by OWCP; and (f) Pay any required refund.
Title 20: Employees' Benefits
PART 10—CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED
Subpart H—Special Provisions
Third Party Liability
§ 10.707 What must a FECA beneficiary who is required to take action against a third party do to satisfy the requirement that the claim be “prosecuted”?
