---
kind: "section"
citation: "20 C.F.R. § 30.619"
title: "20"
number: "30.619"
heading: "Do all the parties to this type of tort suit have to take these actions?"
url: "https://uscodex.org/cfr/20/30.619"
---

# §30.619. Do all the parties to this type of tort suit have to take these actions?


The type of tort suits described in [§ 30.615](/cfr/20/30.615.md) may be filed by more than one individual, each with a different cause of action. For example, a tort suit may be filed against a beryllium vendor by both a covered Part B employee and his or her spouse, with the covered Part B employee claiming for chronic beryllium disease and the spouse claiming for loss of consortium due to the covered Part B employee's exposure to beryllium. However, since the spouse of a living covered Part B employee could not be an eligible surviving beneficiary under Part B of EEOICPA, the spouse would not have to comply with the termination requirements of [§§ 30.616 through 30.618](/cfr/20/30.616..30.618.md). A similar result would occur if a tort suit were filed by both the spouse of a deceased covered Part B employee and other family members (such as children of the deceased covered part B employee). In this case, the spouse would be the only eligible surviving beneficiary of the deceased covered Part B employee under Part B of the EEOICPA because the other family members could not be eligible for benefits while he or she was alive. As a result, the spouse would be the only party to the tort suit who would have to comply with the termination requirements of [§§ 30.616 through 30.618](/cfr/20/30.616..30.618.md).


## Notes

### Authority

Authority: 5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834.

### Source

Source: 71 FR 78534, Dec. 29, 2006, unless otherwise noted.