Loading chat...
NC S293
Bill
Status
3/13/2013
Primary Sponsor
Earline Parmon
Click for details
AI Summary
-
Requires employer consent before a court can reduce an employer's workers' compensation subrogation lien by more than 50 percent.
-
Applies when an employee obtains a judgment or settlement against a third party and the resident superior court judge determines the subrogation amount.
-
Court retains discretion to determine the appropriate subrogation lien amount by considering prospective compensation, net recovery to plaintiff, likelihood of prevailing at trial, need for finality, and other just and reasonable factors.
-
Removes language allowing lien reduction "with or without the consent of the employer" and replaces it with explicit requirement for employer consent for reductions exceeding 50 percent.
-
Effective upon enactment.
Legislative Description
WC/Subrogation/Employer Consent
Last Action
Re-ref Com On Judiciary II
3/18/2013