B-136636, JUL. 25, 1958

B-136636, JUL. 25, 1958

TO MR. ALVIN R. ENGLISH:

THIS REFERS TO YOUR LETTER OF MAY 31, 1958, TO THE GENERAL ACCOUNTING OFFICE WHICH IN EFFECT REQUESTS RECONSIDERATION OF THE GOVERNMENT'S CLAIM AGAINST YOU IN THE AMOUNT OF $845.

THIS MATTER HAS BEEN THE SUBJECT OF PREVIOUS CORRESPONDENCE BETWEEN YOU AND REPRESENTATIVES OF THE GOVERNMENT. THE DEBT AROSE BECAUSE OF PAYMENTS OF SICKNESS BENEFITS TO YOU AMOUNTING TO $910, FOR THE PERIOD OCTOBER 7, 1953, TO APRIL 20, 1954, BY THE RAILROAD RETIREMENT BOARD. THE ORIGINAL DEBT OF $910 HAS SUBSEQUENTLY BEEN REDUCED TO $845 WHICH IS THE AMOUNT REMAINING DUE. THESE PAYMENTS WERE MADE AFTER YOU WERE INJURED BY A FALLING BLOCK OF ICE WHILE ON DUTY AS A SWITCHMAN AT THE ROPER RAILROAD YARD ON MARCH 2, 1953.

THROUGHOUT YOUR CORRESPONDENCE IN THIS MATTER YOU PERSIST IN THE ARGUMENT THAT THE AMOUNT CLAIMED IS NOT DUE FROM YOU BECAUSE OF THE RESULT OF LEGAL PROCEEDINGS HOLDING THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY AND THE UTAH ICE AND STORAGE COMPANY LIABLE FOR YOUR INJURIES.

THE MATTER OF NEGLIGENCE ATTRIBUTED TO THE DEFENDANTS IN THE COURT ACTION IN NO WAY EXONERATES YOU FROM YOUR OBLIGATION TO PAY THIS DEBT. IN THIS REGARD YOUR ATTENTION IS INVITED TO 45 U.S.C. 362 (O) WHICH READS AS FOLLOWS:

"BENEFITS PAYABLE TO AN EMPLOYEE WITH RESPECT TO DAYS OF SICKNESS SHALL BE PAYABLE REGARDLESS OF THE LIABILITY OF ANY PERSON TO PAY DAMAGES FOR SUCH INFIRMITY. THE BOARD SHALL BE ENTITLED TO REIMBURSEMENT FROM ANY SUM OR DAMAGES PAID OR PAYABLE TO SUCH EMPLOYEE OR OTHER PERSON THROUGH SUIT, COMPROMISE, SETTLEMENT, JUDGMENT, OR OTHERWISE ON ACCOUNT OF ANY LIABILITY (OTHER THAN A LIABILITY UNDER A HEALTH, SICKNESS, ACCIDENT, OR SIMILAR INSURANCE POLICY) BASED UPON SUCH INFIRMITY, TO THE EXTENT THAT IT WILL HAVE PAID OR WILL PAY BENEFITS FOR DAYS OF SICKNESS RESULTING FROM SUCH INFIRMITY. UPON NOTICE TO THE PERSON AGAINST WHOM SUCH RIGHT OR CLAIM EXISTS OR IS ASSERTED, THE BOARD SHALL HAVE A LIEN UPON SUCH RIGHT OR CLAIM, ANY JUDGMENT OBTAINED THEREUNDER, AND ANY SUM OR DAMAGES PAID UNDER SUCH RIGHT OR CLAIM, TO THE EXTENT OF THE AMOUNT TO WHICH THE BOARD IS ENTITLED BY WAY OF REIMBURSEMENT.'

A CAREFUL READING OF THE ABOVE QUOTED LAW SHOULD MAKE CLEAR TO YOU THAT IN THE FIRST INSTANCE IT IS YOU WHO OWE THE DEBT AS IT MUST BE PAID FROM AMOUNTS COLLECTED IN THE JUDGMENT OR SETTLEMENT OBTAINED BY YOU AND FURTHER, AFTER NOTICE TO THE NEGLIGENT PARTY OR THE PARTY PAYING DAMAGES, THE BOARD IS ENTITLED TO A LIEN AGAINST THE AMOUNT DETERMINED TO BE DUE.

CONSEQUENTLY, THE AMOUNT CLAIMED IS DUE AND OWING FROM YOU PERSONALLY AND AS INDICATED IN PREVIOUS CORRESPONDENCE FROM OUR OFFICE, YOU SHOULD TAKE STEPS TO LIQUIDATE THIS INDEBTEDNESS AS SOON AS POSSIBLE.