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DURAND v. U.S. DEPT. OF LABOR

No. 10-36184.

662 F.3d 1106 (2011)

Steve DURAND, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR, and Hilda L. Solis, Secretary of Labor, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 17, 2011.

Attorney(s) appearing for the Case

Christopher J. Slottee (argued) and Richard E. Vollertsen , Atkinson, Conway & Gagnon, Inc., Anchorage, AK, for the plaintiff-appellant.

Thomas G. Giblin , United States Department of Labor (argued), Karen Loeffler , United States Attorney, District of Alaska, and Richard L. Pomeroy , Assistant United States Attorney, District of Alaska, for the defendant-appellee.

Before: ALEX KOZINSKI and RICHARD A. PAEZ, Circuit Judges, and LARRY A. BURNS, District Judge.

OPINION

BURNS, District Judge:

The Federal Employee Compensation Act, or FECA, provides disability benefits to federal employees who are injured on the job. But there's a catch. If a third party is responsible for the employee's injury, the Secretary of Labor can require the employee to bring a civil action against that third party. And if the employee obtains a judgment, he must refund to the United States any FECA benefits he received. The question in...

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