GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-194
The General Assembly of North Carolina enacts:
Section 1. G.S. 97-10.2(j) reads as rewritten:
"(j) Notwithstanding
any other subsection in this section, in the event that a judgment is obtained which
is insufficient to compensate the subrogation claim of the Workers'
Compensation Insurance Carrier, by the employee in an action against a
third party, or in the event that a settlement has been agreed upon by the
employee and the third party, either party may apply to the resident superior
court judge of the county in which the cause of action arose, where the injured
employee resides or the presiding judge before whom the cause of action is
pending, to determine the subrogation amount. After notice to the
employer and the insurance carrier, after an opportunity to be heard by all
interested parties, and with or without the consent of the employer, the judge
shall determine, in his discretion, the amount, if any, of the employer's lien
lien, whether based on accrued or prospective workers' compensation
benefits, and the amount of cost of the third-party litigation to be shared
between the employee and employer. The judge shall consider the anticipated
amount of prospective compensation the employer or workers' compensation
carrier is likely to pay to the employee in the future, the net recovery to
plaintiff, the likelihood of the plaintiff prevailing at trial or on
appeal, the need for finality in the litigation, and any other factors the
court deems just and reasonable, in determining the appropriate amount of the
employer's lien. If the matter is pending in the federal district court
such determination may be made by a federal district court judge of that
division."
Section 2. This act is effective when it becomes law and applies to judgments or settlements entered against third parties on or after that date pursuant to G.S. 97-10.2.
In the General Assembly read three times and ratified this the 9th day of June, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 10:15 p.m. this 18th day of June, 1999