GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 839
     

 
Short Title:	Workers' Comp. Carriers/Third-Party Claims.	()	
Sponsors:	Senator Rucho.	
Referred to:	Insurance and Consumer Protection.	
April 4, 2001

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT WORKERS' COMPENSATION CARRIERS FROM INCREASING PREMIUMS, REDUCING COVERAGE, OR INCREASING an EMPLOYER'S LOSS MODIFICATION FACTOR WHEN THE INJURY OF that employer's employee iS CAUSED BY A THIRD PARTY.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 97‑10.2(a) reads as rewritten:
"(a)	The right to compensation and other benefits under this Article for disability, disfigurement, or death shall not be affected by the fact that the injury or death was caused under circumstances creating a liability in some person other than the employer to pay damages therefor, such person hereinafter being referred to as the "third party." The respective rights and interests of the employee‑beneficiary under this Article, the employer, and the employer's insurance carrier, if any, in respect of the common‑law cause of action against such third party and the damages recovered shall be as set forth in this section. The employer's insurance carrier shall not charge any additional premium, change policy coverage to the detriment of the employer, or increase the employer's loss modification factor when the employee's injury or death was caused by a third party, unless the liability of the third party for the employee's injury or death is not established under this section, by settlement agreement, or in any other action."
SECTION 2.  This act is effective when it becomes law.