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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) General. OJAG Code 15 (Claims and Tort Litigation) may authorize waiver or compromise of any claim that does not exceed $100,000.00. NLSO EURSWA may agree to compromise or waive claims for $40,000.00 or less. NLSO EURSWA claims in excess of $40,000.00 may be compromised or waived only with Code 15 approval.
(b) Waiver and compromise. The JAG designee may waive the Federal government's MCRA interest when a responsible third-party tortfeasor cannot be located, is judgment proof, or has refused to pay and litigation is not feasible. Waiver or compromise is also appropriate when, upon written request by the injured person or legal representative, it is determined that collection of the full amount of the claim would result in undue hardship to the injured person. In assessing undue hardship, the following should be considered:
(1) Permanent disability or disfigurement;
(2) Lost earning capacity;
(3) Out-of-pocket expenses;
(4) Financial status;
(5) Disability, pension and similar benefits available;
(6) Amount of settlement or award from third-party tortfeasor or contract insurer; and
(7) Any other factors which objectively indicate fairness requires waiver.
(c) [Reserved by 72 FR 53430]
Cite this article: FindLaw.com - Code of Federal Regulations Title 32. National Defense § 32.757.19 Waiver and compromise - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-32-national-defense/cfr-sect-32-757-19/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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