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

In the event more than one employer or insurerhave subrogation rights to the employee's workers' compensation benefits, suchbenefits shall be divided proportionately among the employers or insurersaccording to the amount of benefits each employer or insurer paid under thischapter.  Should the subrogated amount of either one or both employers orinsurers total less than the amount of benefits that such employers or insurerspaid under this chapter, neither the employee nor the special fund fordisability benefits nor any other source shall be required to make up thedifference.

To protect its subrogation rights to benefitspayable under the Workers' Compensation Law of this State, the employer, theassociation of employers, the insurer, or the special fund for disabilitybenefits, providing temporary disability benefits shall file a claim with thedivision of workers' compensation in the department and notify the insurer forworkers' compensation or the employer, if self-insured, of its claim andthereupon the employer, the association of employers, the insurer, or thespecial fund for disability benefits, providing temporary disability benefitsshall have a lien against the amounts payable as benefits for disability underthe Workers' Compensation Law in the amount of the benefits paid under thischapter during the period for which benefits for disability under the Workers'Compensation Law have been accepted or awarded as payable.  The agreement oraward shall include a provision setting forth the existence and amount of suchlien.

(b)  If an individual has received benefitsunder this chapter during a period of disability for which the individual isentitled to receive indemnity payments for wage loss under any applicableemployers' liability law of this State or of any other state or of the UnitedStates, the employer, the association of employers, the insurer, or the specialfund for disability benefits, providing temporary disability benefits shall besubrogated to the individual's right to such indemnity in the amount of thebenefits paid under this chapter and may assert its subrogation rights in anymanner 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]