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NC S293

Bill

Status

Introduced

3/13/2013

Primary Sponsor

Earline Parmon

Click for details

Origin

Senate

2013-2014 Session

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

Committee Referrals

Judiciary II3/18/2013
Commerce3/14/2013

Full Bill Text

No bill text available