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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Special Provisions |
20 CFR 10.712 - What amounts are included in the gross recovery?
- Section Number: 10.712
- Section Name: What amounts are included in the gross recovery?
(a) When a settlement or judgment is paid to, or for, one
individual, the entire amount, except for the portion representing
damage to real or personal property, is reported as the gross recovery.
If a settlement or judgment is paid to or for more than one individual
or in more than one capacity, such as a joint payment to a husband and
wife for personal injury and loss of consortium or a payment to a spouse
representing both loss of consortium and wrongful death, the gross
recovery to be reported is the amount allocated to the injured employee.
If a judge or jury specifies the percentage of a contested verdict
attributable to each of several plaintiffs, OWCP or SOL will accept that
division.
(b) In any other case, where a judgment or settlement is paid to or
on behalf of more than one individual, OWCP or SOL will determine the
appropriate amount of the FECA beneficiary's gross recovery and advise
the beneficiary of its determination. FECA beneficiaries may accept
OWCP's or SOL's determination or demonstrate good cause for a different
allocation. Whether to accept a specific allocation is at the discretion
of SOL or OWCP.
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