NC H338

Requires employer consent before an employer's workers' compensation subrogation lien can be reduced by more than 50 percent in third-party litigation settlements or judgments.

Allows either the employee or third party to request that a superior court judge determine the subrogation amount after providing notice to the employer and insurance carrier and allowing an opportunity to be heard.

Instructs judges to consider anticipated prospective compensation, net recovery to the plaintiff, likelihood of prevailing at trial or appeal, need for finality, and other just and reasonable factors when determining lien amounts.

Specifies that the determination can be made by a federal district court judge if the matter is pending in federal court.

Becomes effective upon enactment.