Appeal from an order striking from the answer in a negligence action a defense that plaintiff when injured was an employee of the United States engaged in his regular occupation and the government furnished him with medical, surgical and hospital care, and that an award therefor may not be made in an action against a third party. An employee of the United States who is injured and who has received "compensation" from the Federal Employees' Compensation Fund is required to make a refund from damages recovered against a third party (U.S. Code, tit. 5, § 777). "Compensation" consists of allowances paid to the employee and any other benefits paid out of the fund (§ 790); this includes medical, surgical and hospital expenses (§ 759). Order affirmed, with ten dollars costs and disbursements. All concur.