United States v. Dianne Rogers

RONEY, Circuit Judge:

Defendant Dianne Rogers, a railroad employee, received benefits pursuant to the Railroad Unemployment Insurance Act, 45 U.S.C.A. § 351 et seq., for injuries arising out of an automobile accident. She later recovered damages from the other driver. The issue on appeal is whether the Railroad Retirement Board is entitled to reimbursement from defendant’s third party recovery even though state law permitted her to recover for pain and suffering only, and not for her economic loss. Holding the Board was entitled to reimbursement, we affirm.

The facts are not in dispute. Rogers…