§392-45  Subrogation rights if employee
entitled to workers' compensation benefits or indemnity under employers'
liability acts.  (a)  If an individual has received temporary disability
benefits under this chapter during a period of disability for which benefits
for any disability under the Workers' Compensation Law of this State or of any
other state or of the United States are subsequently awarded or accepted in any
agreement or compromise, the employer, the association of employers, the
insurer, or the special fund for disability benefits, as the case may be,
providing such temporary disability benefits shall be subrogated to the
individual's right to such benefits in the amount of the benefits paid under
this chapter.



In the event more than one employer or insurer
have subrogation rights to the employee's workers' compensation benefits, such
benefits shall be divided proportionately among the employers or insurers
according to the amount of benefits each employer or insurer paid under this
chapter.  Should the subrogated amount of either one or both employers or
insurers total less than the amount of benefits that such employers or insurers
paid under this chapter, neither the employee nor the special fund for
disability benefits nor any other source shall be required to make up the
difference.



To protect its subrogation rights to benefits
payable under the Workers' Compensation Law of this State, the employer, the
association of employers, the insurer, or the special fund for disability
benefits, providing temporary disability benefits shall file a claim with the
division of workers' compensation in the department and notify the insurer for
workers' compensation or the employer, if self-insured, of its claim and
thereupon the employer, the association of employers, the insurer, or the
special fund for disability benefits, providing temporary disability benefits
shall have a lien against the amounts payable as benefits for disability under
the Workers' Compensation Law in the amount of the benefits paid under this
chapter during the period for which benefits for disability under the Workers'
Compensation Law have been accepted or awarded as payable.  The agreement or
award shall include a provision setting forth the existence and amount of such
lien.



(b)  If an individual has received benefits
under this chapter during a period of disability for which the individual is
entitled to receive indemnity payments for wage loss under any applicable
employers' liability law of this State or of any other state or of the United
States, the employer, the association of employers, the insurer, or the special
fund for disability benefits, providing temporary disability benefits shall be
subrogated to the individual's right to such indemnity in the amount of the
benefits paid under this chapter and may assert its subrogation rights in any
manner appropriate under such acts or any rule of law. [L 1969, c 148, pt of
§1; am L 1971, c 109, §1(h); am L 1975, c 41, §1; gen ch 1985]