NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 171

HOUSE BILL 345

 

 

AN ACT TO AMEND G.S. 97-40.2(c) REGARDING THE PROCEDURE FOR ENFORCING THE LIABILITY OF THIRD PARTIES SO AS TO PROVIDE THAT EITHER THE EMPLOYEE OR EMPLOYER SHALL HAVE THE RIGHT TO INSTITUTE PROCEEDINGS TO ENFORCE THE LIABILITY OF THE THIRD PARTY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 97-10.2(c) is hereby amended by rewriting this section in its entirety to read as follows:

"(c)       If settlement is not made and summons is not issued within said twelve month period, and if employer shall have filed with the Industrial Commission a written admission of liability for the benefits provided by this chapter, then either the employee or the employer shall have the right to proceed to enforce the liability of the third party by appropriate proceedings; either shall have the right to settle with the third party and to give a valid and complete release of all claims to the third party by reason of such injury or death, subject to the provisions of (h) below. Provided that sixty (60) days before the expiration of the period fixed by the applicable statute of limitations if neither the employee nor the employer shall have settled with or instituted proceedings against the third party, all such rights shall revert to the employee or his personal representative."

Sec. 2.  This act shall become effective on July 1, 1971 and shall apply to claims arising on and after that date.

In the General Assembly read three times and ratified, this the 8th day of April, 1971.