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2002 SESSION

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SB 520 Workers' compensation; third party claims.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Workers’ compensation; third party claims. Provides that when an employer has a subrogation interest in an employee’s workers’ compensation claim against a third party and the employer fails to consent to a settlement offer acceptable to the employee, the employee may petition the court (stating the compromise) where the action is pending for approval of the settlement. If no action is pending or the action is pending outside the Commonwealth, the petition may be filed in any circuit court in which venue lies as to the employee. The court may approve the settlement and after all appeals are exhausted and because the employer's subrogation interest has not been compromised, such approval is deemed consent to the settlement by the employer.

SUMMARY AS PASSED SENATE:

Worker’s compensation; third party claims. Provides that when an employer has a subrogation interest in an employee’s worker’s compensation claim against a third party and the employer fails to consent to a settlement offer acceptable to the employee, the employee may petition the court (stating the compromise) where the action is pending for approval of the settlement. If no action is pending or the action is pending outside the Commonwealth, the petition may be filed in any circuit court in which venue lies as to the employee. The court may approve the settlement and after all appeals are exhausted such approval is deemed consent to the settlement by the employer.

SUMMARY AS INTRODUCED:

Worker’s compensation; third party claims. Provides that when an employer has a subrogation interest in an employee’s worker’s compensation claim against a third party and the employer fails to consent to a settlement offer acceptable to the employee, the employee may petition the court where the action is pending for approval of the settlement. If no action is pending or the court before which the action is pending fails to convene all of the parties at interest, the petition may be filed in any circuit court. The court may approve the settlement and such approval is deemed consent to the settlement by the employer.