Part C—Treatment, Coordination, and Forfeiture of Compensation and Benefits
§7385. Offset for certain payments
A payment of compensation to an individual, or to a survivor of that individual, under part B shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker's compensation), against any person, that is based on injuries incurred by that individual on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in
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Section Referred to in Other Sections
This section is referred to in
§7385a. Subrogation of the United States
Upon payment of compensation under part B, the United States is subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in
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§7385b. Payment in full settlement of claims
The acceptance by an individual of payment of compensation under part B with respect to a covered employee shall be in full satisfaction of all claims of or on behalf of that individual against the United States, against a Department of Energy contractor or subcontractor, beryllium vendor, or atomic weapons employer, or against any person with respect to that person's performance of a contract with the United States, that arise out of an exposure referred to in
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Section Referred to in Other Sections
This section is referred to in
§7385c. Exclusivity of remedy against the United States and against contractors and subcontractors
(a) In general
The liability of the United States or an instrumentality of the United States under this subchapter with respect to a cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death related thereto of a covered employee is exclusive and instead of all other liability—
(1) of—
(A) the United States;
(B) any instrumentality of the United States;
(C) a contractor that contracted with the Department of Energy to provide management and operation, management and integration, or environmental remediation of a Department of Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services, including construction, at a Department of Energy facility (in its capacity as a subcontractor); and
(E) an employee, agent, or assign of an entity specified in subparagraphs (A) through (D);
(2) to—
(A) the covered employee;
(B) the covered employee's legal representative, spouse, dependents, survivors, and next of kin; and
(C) any other person, including any third party as to whom the covered employee, or the covered employee's legal representative, spouse, dependents, survivors, or next of kin, has a cause of action relating to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death, otherwise entitled to recover damages from the United States, the instrumentality, the contractor, the subcontractor, or the employee, agent, or assign of one of them,
because of the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death in any proceeding or action including a direct judicial proceeding, a civil action, a proceeding in admiralty, or a proceeding under a tort liability statute or the common law.
(b) Applicability
This section applies to all cases filed on or after October 30, 2000.
(c) Workers' compensation
This section does not apply to an administrative or judicial proceeding under a Federal or State workers' compensation law.
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§7385d. Election of remedy for beryllium employees and atomic weapons employees
(a) Election to file suit
If a tort case is filed after October 30, 2000, alleging a claim referred to in
(b) Applicable time limits
A case described in subsection (a) of this section shall be filed not later than the later of—
(1) the date that is 30 months after October 30, 2000; or
(2) the date that is 30 months after the date the plaintiff first becomes aware that an illness covered by part B of a covered employee may be connected to the exposure of the covered employee in the performance of duty.
(c) Dismissal of claims
Unless a case filed under subsection (a) of this section is dismissed prior to the time limits in subsection (b) of this section, the plaintiff shall not be eligible for compensation under part B.
(d) Dismissal of pending suit
If a tort case was filed on or before October 30, 2000, alleging a claim referred to in
(e) Workers' compensation
This section does not apply to an administrative or judicial proceeding under a State or Federal workers' compensation law.
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§7385e. Certification of treatment of payments under other laws
Compensation or benefits provided to an individual under part B—
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and
(2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in
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§7385f. Claims not assignable or transferable; choice of remedies
(a) Claims not assignable or transferable
No claim cognizable under part B shall be assignable or transferable.
(b) Choice of remedies
No individual may receive more than one payment of compensation under part B.
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§7385g. Attorney fees
(a) General rule
Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under part B, more than that percentage specified in subsection (b) of this section of a payment made under part B on such claim.
(b) Applicable percentage limitations
The percentage referred to in subsection (a) of this section is—
(1) 2 percent for the filing of an initial claim; and
(2) 10 percent with respect to any claim with respect to which a representative has made a contract for services before October 30, 2000.
(c) Penalty
Any such representative who violates this section shall be fined not more than $5,000.
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§7385h. Certain claims not affected by awards of damages
A payment under part B shall not be considered as any form of compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of worker's compensation payments; and a payment under part B shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation.
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§7385i. Forfeiture of benefits by convicted felons
(a) Forfeiture of compensation
Any individual convicted of a violation of
(b) Information
Notwithstanding
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§7385j. Coordination with other Federal radiation compensation laws
Except in accordance with
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References in Text
The Radiation Exposure Compensation Act, referred to in text, is