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Below are the head notes for the final FAB decisions relating to the topic heading, Offset
of Benefits. The head notes are grouped under the following
subheadings: Effect of Surplus, In general, and When offset not
required. In order to view a particular decision in its entirety, click on the hyperlink for that decision at the end of the head note.
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Effect of surplus
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- Individual received $20,273.11 to settle a law suit alleging occupational asbestos exposure and a surplus of $12,235.01 remained after offsetting all Part E benefits due. Therefore, he will not receive any medical benefits for treatment of his asbestosis until the surplus is absorbed, and the surplus will be absorbed once he pays for otherwise reimbursable medical expenses in the amount of $12,235.01. EEOICPA Fin. Dec. No. 10014306-2006 (Dep’t of Labor, August 23, 2006).
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In general
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- Compensation payable under Part E to surviving spouse for the employee’s death due to a covered illness was reduced to reflect third party
settlement the same covered illness. The amount of the required offset was calculated using the EEOICPA Part B/E Benefits Offset Worksheet. EEOICPA Fin. Dec. No. 18655-2002 (Dep’t of Labor, December 15, 2005).
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When offset not required
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- The payment of an award under Part E for lung cancer due to exposure to radiation need not be offset to reflect a tort settlement for exposure to asbestos, since the payments are for exposure to two different toxic substances. EEOICPA Fin. Dec. No. 1861-2006 (Dep’t of Labor, March 7, 2006); EEOICPA Fin. Dec. No. 10010854-2006 (Dep’t of Labor, June 8, 2006).
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