65.2-310 - Protection of employer when employee sues third party. - Virginia Statutes

§ 65.2-310. Protection of employer when employee sues third party.

In any action by an employee, his personal representative or other personagainst any person other than the employer, the court shall, after reasonablenotice to the parties and the employer, ascertain the amount of compensationpaid and expenses for medical, surgical and hospital attention and supplies,and funeral expenses incurred by the employer under the provisions of thistitle and deduct therefrom a proportionate share of such amounts as are paidby the plaintiff for reasonable expenses and attorney's fees as provided in §65.2-311; and, in event of judgment against such person other than theemployer, the court shall in its order require that the judgment debtor paysuch compensation and expenses of the employer, less said share of expensesand attorney's fees, so ascertained by the court out of the amount of thejudgment, so far as sufficient, and the balance, if any, to the judgmentcreditor.

(Code 1950, § 65-39; 1956, c. 534; 1960, c. 89; 1968, c. 660, § 65.1-42;1991, c. 305; 2004, cc. 914, 941.)