
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8131]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8131. Subrogation of the United States

    (a) If an injury or death for which compensation is payable under 
this subchapter is caused under circumstances creating a legal liability 
on a person other than the United States to pay damages, the Secretary 
of Labor may require the beneficiary to--
        (1) assign to the United States any right of action he may have 
    to enforce the liability or any right he may have to share in money 
    or other property received in satisfaction of that liability; or
        (2) prosecute the action in his own name.

An employee required to appear as a party or witness in the prosecution 
of such an action is in an active duty status while so engaged.
    (b) A beneficiary who refuses to assign or prosecute an action in 
his own name when required by the Secretary is not entitled to 
compensation under this subchapter.
    (c) The Secretary may prosecute or compromise a cause of action 
assigned to the United States. When the Secretary realizes on the cause 
of action, he shall deduct therefrom and place to the credit of the 
Employees' Compensation Fund the amount of compensation already paid to 
the beneficiary and the expense of realization or collection. Any 
surplus shall be paid to the beneficiary and credited on future payments 
of compensation payable for the same injury. However, the beneficiary is 
entitled to not less than one-fifth of the net amount of a settlement or 
recovery remaining after the expenses thereof have been deducted.
    (d) If an injury or death for which compensation is payable under 
this subchapter is caused under circumstances creating a legal liability 
in the Panama Canal Company to pay damages under the law of a State, a 
territory or possession of the United States, the District of Columbia, 
or a foreign country, compensation is not payable until the individual 
entitled to compensation--
        (1) releases to the Panama Canal Company any right of action he 
    may have to enforce the liability of the Panama Canal Company; or
        (2) assigns to the United States any right he may have to share 
    in money or other property received in satisfaction of the liability 
    of the Panama Canal Company.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546; Pub. L. 90-83, Sec. 1(60), 
Sept. 11, 1967, 81 Stat. 211.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)-(c)............  5 U.S.C. 776.                 Sept. 7, 1916, ch.
                                                    458, Sec.  26, 39
                                                    Stat. 747.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    207, 74 Stat. 908.
(d)................  5 U.S.C. 791.                 Sept. 7, 1916, ch.
                                                    458, Sec.  41, 39
                                                    Stat. 750.
------------------------------------------------------------------------

    In subsection (d), the first 45 words of section 41 of the Act of 
Sept. 7, 1916, are omitted as executed. The words ``Panama Canal 
Company'' are substituted for ``Panama Railroad Company'' on authority 
of the Act of Sept. 26, 1950, ch. 1049, Sec. 2(a) (2), 64 Stat. 1038.
    Administration of this subchapter was transferred to the Secretary 
of Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see 
section 8145).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8131(c)............  5 App.: 776 (proviso).        July 4, 1966, Pub. L.
                                                    89-488, Sec.  10(a),
                                                    80 Stat. 255.
------------------------------------------------------------------------

                       References in Text

    For definition of Panama Canal Company, referred to in text, see 
section 3602(b) of Title 22, Foreign Relations and Intercourse.


                 Personnel Not Affected by 1967 Increase

    Increases authorized under amendment by Pub. L. 90-83 not applicable 
to specified personnel, see section 7 of Pub. L. 90-83, set out as a 
note under section 8103 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 8147 of this title.
