H1234B2813A03660 AJM:AAS 11/01/19 #90 A03660
AMENDMENTS TO HOUSE BILL NO. 1234
Sponsor: REPRESENTATIVE MULLERY
Printer's No. 2813
Amend Bill, page 1, line 11, by inserting after "liability"
and for subrogation
Amend Bill, page 6, by inserting between lines 28 and 29
Section 1.2. Section 319 of the act is amended to read:
Section 319. (a) Where the compensable injury is caused in
whole or in part by the act or omission of a third party, the
employer shall be subrogated to the right of the employe, his
personal representative, his estate or his dependents, against
such third party to the extent of the compensation payable under
this article by the employer; reasonable attorney's fees and
other proper disbursements incurred in obtaining a recovery or
in effecting a compromise settlement shall be prorated between
the employer and employe, his personal representative, his
estate or his dependents. The employer shall pay that proportion
of the attorney's fees and other proper disbursements that the
amount of compensation paid or payable at the time of recovery
or settlement bears to the total recovery or settlement. Any
recovery against such third person in excess of the compensation
theretofore paid by the employer shall be paid forthwith to the
employe, his personal representative, his estate or his
dependents, and shall be treated as an advance payment by the
employer on account of any future instalments of compensation.
Where an employe has received payments for the disability or
medical expense resulting from an injury in the course of his
employment paid by the employer or an insurance company on the
basis that the injury and disability were not compensable under
this act in the event of an agreement or award for that injury
the employer or insurance company who made the payments shall be
subrogated out of the agreement or award to the amount so paid,
if the right to subrogation is agreed to by the parties or is
established at the time of hearing before the referee or the
board.
(b) This section may not apply to claims made under section
301(g)(1).
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