Page:United States Statutes at Large Volume 88 Part 1.djvu/1191

 88 STAT. ]

PUBLIC LAW 93-416-SEPT. 7, 1974

1147

SEC. 13. Section 8121(3) of the Act is amended by striking out s use 8121. "furnished" and inserting "approved" in lieu thereof. SEC. 14. Section 8122 of the Act is amended as follows: deaJrc^aims°' (1) Strike subsection (a) of section 8122 and insert in lieu thereof nitng deadiiine. the following: 5 USC si22. " (a) An original claim for compensation for disability or death must be filed within 3 years after the injury or death. Compensation for disability or death, including medical care in disability cases, may not be allowed if claim is not filed within that time unless— "(1) the immediate superior had actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or "(2) written notice of injury or death as specified in section 8119 of this title was given within 30 days." ^"^^' P- ii'*^(2) Strike subsection (c) of section 8122 and insert in lieu thereof the following: "(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury." (3) Subsection (d) of section 8122 is amended by changing the reference to subsection " (a) - (c) " to subsections "(a) and (b)", by striking out the period at the end thereof and inserting "; or", and by adding at the end thereof the following new clause: "(3) run against any individual whose failure to comply is excused by the Secretary on the ground that such notice could not be given because of exceptional circumstances." SEC. 15. Section 8132 of the Act is amended to read as follows: ^ use si32. "§ 8132. Adjustment after recovery from a third person "If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If compensation has not been paid to the beneficiary, he shall credit the money or property on compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney's fee proportionate to the refund to the United States." SEC. 16. (a) Subsections (a) and (b) of section 8133 of the Act ^J^^^^l'l" compenare amended to read as follows: 5 USC si 33.

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