(a) All medical conditions accepted by OWCP in connection with a
single claim are treated as the same illness for the purpose of
computing the amount to which the United States is subrogated in
connection with the receipt of a recovery from a third party, except
that an injury caused by medical malpractice in treating an illness
covered under the EEOICPA will be treated as a separate injury.
(b) If an illness covered under the EEOICPA is caused under
circumstances creating a legal liability in more than one person, other
than the United States, a DOE contractor or subcontractor, a beryllium
vendor or an atomic weapons employer, to pay damages, OWCP will
determine whether recoveries received from one or more third parties
should be attributed to separate conditions for which compensation is
payable in connection with a single EEOICPA claim. If such an
attribution is both practicable and equitable, as determined by OWCP,
in its discretion, the conditions will be treated as separate injuries
for purposes of calculating the amount to which the United States is
subrogated.
