65.2-812 - Subrogation of insurance carrier to employer's rights; compromise. - Virginia Statutes

§ 65.2-812. Subrogation of insurance carrier to employer's rights; compromise.

When any employer is insured against liability for compensation with aninsurance carrier, and such insurance carrier shall have paid anycompensation for which the employer is liable or shall have assumed theliability of the employer therefor, it shall be subrogated to all the rightsand duties of the employer and may enforce any such rights in its own name orin the name of the injured employee or his personal representative; however,nothing herein shall be construed as conferring upon the insurance carriersany other or further rights than those existing in the employer at the timeof the injury to his employee, anything in the policy of insurance to thecontrary notwithstanding. No compromise settlement shall be made by theinsurance carrier in the exercise of such right of subrogation without theapproval of the Workers' Compensation Commission and the injured employee orthe personal representative or dependents of the deceased employee beingfirst obtained.

(Code 1950, § 65-108; 1968, c. 660, § 65.1-112; 1991, c. 355.)