                                 CODE OF VIRGINIA

PROTECTION OF EMPLOYER WHEN EMPLOYEE SUES THIRD PARTY (§ 65.2-310)

In any action by an employee, his personal representative or other person
against any person other than the employer, the court shall, after reasonable
notice to the parties and the employer, ascertain the amount of compensation
paid and expenses for medical, surgical and hospital attention and supplies, and
funeral expenses incurred by the employer under the provisions of this title and
deduct therefrom a proportionate share of such amounts as are paid by the
plaintiff for reasonable expenses and attorney&#8217;s fees as provided in §
65.2-311; and, in event of judgment against such person other than the employer,
the court shall in its order require that the judgment debtor pay such
compensation and expenses of the employer, less said share of expenses and
attorney&#8217;s fees, so ascertained by the court out of the amount of the
judgment, so far as sufficient, and the balance, if any, to the judgment
creditor.

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