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Content Last Revised: 2/14/75
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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

20 CFR 10.709 - What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully

  • Section Number: 10.709
  • Section Name: What happens if a beneficiary directed by OWCP or SOL to take action against a third party does not believe that a claim can be successfully 
          prosecuted at a reasonable cost?

    If a beneficiary consults an attorney and is informed that a suit 
for damages against a third party for the injury or death for which 
benefits are payable is unlikely to prevail or that the costs of such a 
suit are not justified by the potential recovery, he or she should 
request that OWCP or SOL release him or her from the obligation to 
proceed. This request should be in writing and provide evidence of the 
attorney's opinion. If OWCP or SOL agrees, the beneficiary will not be 
required to take further action against the third party.
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