1. LawStack
  2. Title 20 - Employees' Benefits
  3. Chapter I - OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
  4. Subchapter C - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000
  5. Part 30 - CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED
  6. Subpart G - Special Provisions
  7. Topic - Third Party Liability
  8. 20 CFR § 30.609
20 CFR § 30.609
Is a settlement or judgment received as a result of allegations of medical malpractice in treating an illness covered by EEOICPA a recovery that must be reported to OWCP?
February 18, 2021
CFR

Since an injury caused by medical malpractice in treating an occupational illness or covered illness compensable under EEOICPA is also covered under EEOICPA, any recovery in a suit alleging such an injury is treated as a recovery that must be reported to OWCP.

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§ 30.608 How does the United States calculate the amount to which it is subrogated?
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§ 30.610 Are payments to a covered Part B employee, a covered Part E employee or an eligible surviving beneficiary as a result of an insurance policy which the employee or eligible surviving beneficiary has purchased a recovery that must be reported to OWCP?

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