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- Subject Index: Since 1995
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2004 SESSION
HB 864 Workers' compensation; lien by employer on settlement or verdict.
Introduced by: Kathy J. Byron | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Workers' compensation; lien by employer on settlement or verdict. Provides that an employer's payment of workers' compensation benefits creates not only a subrogation interest, but an actual lien against any proceeds obtained by verdict or settlement from a third party or recovered pursuant to the uninsured or underinsured motorist provisions of a motor vehicle insurance policy carried by the employer. Under current law, the employer has a subrogation interest in a recovery by the employee against a third party that it must enforce independently or perfect prior to verdict. The bill also provides that where the employer must sue to recover on its lien, it is not required to bear any share of the reasonable expenses and reasonable attorney's fees associated with that portion of its lien that is not preserved. This bill is identical to SB 558.
FULL TEXT
- 01/14/04 House: Presented & ordered printed, prefiled 01/14/04 040137256 pdf | impact statement
- 02/11/04 House: Printed as engrossed 040137256-E pdf | impact statement
- 03/19/04 House: Bill text as passed House and Senate (HB864ER) pdf | impact statement
- 04/22/04 Governor: Acts of Assembly Chapter text (CHAP0914) pdf
AMENDMENTS
HISTORY
- 01/14/04 House: Presented & ordered printed, prefiled 01/14/04 040137256
- 01/14/04 House: Referred to Committee on Commerce and Labor
- 01/29/04 House: Reported from Commerce and Labor (16-Y 3-N)
- 02/02/04 House: Read first time
- 02/03/04 House: Passed by for the day
- 02/04/04 House: Passed by for the day
- 02/05/04 House: Passed by for the day
- 02/06/04 House: Passed by for the day
- 02/09/04 House: Passed by for the day
- 02/10/04 House: Read second time
- 02/10/04 House: Passed by for the day
- 02/11/04 House: Read second time
- 02/11/04 House: Amendment by Del. Marrs agreed to
- 02/11/04 House: Engrossed by House as amended HB864E
- 02/11/04 House: Printed as engrossed 040137256-E
- 02/12/04 House: Read third time and passed House (89-Y 11-N)
- 02/12/04 House: VOTE: PASSAGE (89-Y 11-N)
- 02/12/04 House: Communicated to Senate
- 02/13/04 Senate: Constitutional reading dispensed
- 02/13/04 Senate: Referred to Committee on Commerce and Labor
- 02/23/04 Senate: Reported from C. & L. with amendments (15-Y 0-N)
- 02/25/04 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/25/04 Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
- 02/26/04 Senate: Read third time
- 02/26/04 Senate: Reading of amendments waived
- 02/26/04 Senate: Committee amendments agreed to
- 02/26/04 Senate: Engrossed by Senate as amended
- 02/26/04 Senate: Passed Senate with amendments (39-Y 0-N)
- 02/26/04 Senate: VOTE: PASSAGE R (39-Y 0-N)
- 02/27/04 House: Placed on Calendar
- 03/01/04 House: Passed by for the day
- 03/02/04 House: Senate amendments agreed to by House (94-Y 2-N)
- 03/02/04 House: VOTE: ADOPTION (94-Y 2-N)
- 03/19/04 House: Bill text as passed House and Senate (HB864ER)
- 03/19/04 House: Enrolled
- 03/20/04 House: Signed by Speaker
- 03/21/04 Senate: Signed by President
- 04/15/04 Governor: Approved by Governor-Chapter 914 (effective 7/1/04)
- 04/22/04 Governor: Acts of Assembly Chapter text (CHAP0914)