HB2107 Summary

• Excess amounts remaining from third-party settlements or judgments after employer/carrier reimbursement belong to the injured employee or dependents.

• Employers and carriers receive a future credit against workers' compensation benefits in the amount paid from third-party settlements, and are not required to pay additional benefits until this credit is exhausted.

• Employers or carriers must receive reasonable notice and opportunity to be represented in third-party actions to determine the third party's liability to all parties.

• The right of employers and carriers to recover against third parties is absolute and may only be waived with written consent of the employer or carrier.

• Commission or court determinations regarding employer/carrier liens in third-party claims shall not consider the "made whole doctrine" or whether settlement proceeds made the claimant whole.