Workers' compensation subrogation limits.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0094

HOUSE BILL

NO.
HB0191

Workers' compensation subrogation limits.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to worker's compensation; amending the subrogation rights of the state when an injured worker recovers money from a third party because of the injury; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 27
‑
14
‑
105(a) is amended to read:

27
‑
14
‑
105.

Action against third party; notice; subrogation; legal representation; payment under reservation of rights; actions by department.

(a)

If an employee covered by this act receives an injury under circumstances creating a legal liability in some person other than the employer to pay damages, the employee if engaged in work for his employer at the time of the injury is not deprived of any compensation to which he is entitled under this act. He may also pursue his remedy at law against the third party or the coemployee to the extent permitted by W.S. 27
‑
14
‑
104(a). Except as provided by subsections (b), (e) and (f) of this section, if the employee recovers from the third party or the coemployee in any manner including judgment, compromise, settlement or release, the state is entitled to be reimbursed for all payments made, or to be made, to or on behalf of the employee under this act but not to exceed
one
-
third (1/3)

two-thirds (2/3)
of the total proceeds of the recovery without regard to the types of damages alleged in the third
-
party action. All money received by the state under this section shall be credited to the worker's compensation account and considered in computing the employer's experience rating.

Section
2
.

This act is effective July 1, 2007.

(END)

1
HB0191