Content Last Revised: 2/14/75 ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to ESA

Title 20

Employees' Benefits

Chapter I

Office of Workers' Compensation Programs, Department of Labor

Part 10

Claims for Compensation Under the Federal Employees' Compensation Act, As Amended

Subpart H

Special Provisions

• Section Number: 10.707
• Section Name: 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''?

    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 Sec. 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.