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Statutory Basis

  • The “subrogation” process for the Federal Employees’ Compensation Act (FECA) is set out in 5 U.S.C. 8131 and 8132.
  • Under 5 U.S.C. 8131, a claimant may be required to pursue a recovery for damages against a third party.   The same is also true of a beneficiary in a death case.  In most cases this is done by filing a lawsuit or contacting an insurer.
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    • In certain limited circumstances, the claimant may be released from this requirement to pursue a recovery.