9th Circuit Clarifies FECA's Impact on Employees' Litigation Costs

By John P. Kamin, Legal EditorThe U.S. 9th Circuit Court of Appeals on Thursday clarified how a Federal Employees Compensation Act statute treats employees' attempts to recoup costs that were incurred while subrogating on behalf of the government. In the published opinion of Durand v. DOL, the federal appellate court analyzed how the Federal Employees Compensation Act allows for employees to recoup costs spent on third-party suits when those suits helped the government subrogate benefits already paid. "If a third party is responsible for the employee’s injury, the Secretary of Labor ...