65.2-313 - Method of determining employer's offset in event of recovery under § 65.2-309 or § 65.2-310. - Virginia Statutes

§ 65.2-313. Method of determining employer's offset in event of recoveryunder § 65.2-309 or § 65.2-310.

In any action or claim for damages by an employee, his personalrepresentative or other person against any person other than the employerunder § 65.2-310, or in any action brought, or claim asserted, by theemployer under his right of subrogation provided for in § 65.2-309, if arecovery is effected, the employer shall pay to the employee a percentage ofeach further entitlement as it is submitted equal to the ratio the totalattorney's fees and costs bear to the total third-party recovery until suchtime as the accrued post-recovery entitlement equals that sum which is thedifference between the gross recovery and the employer's compensation lien.In ordering payments under this section, the Commission shall take intoaccount any apportionment made pursuant to § 65.2-311.

For the purposes of this section, "entitlement" means compensation andexpenses for medical, surgical and hospital attention and funeral expenses towhich the claimant is entitled under the provisions of this title, whichentitlements are related to the injury for which the third-party recovery waseffected.

(1994, c. 586.)