                                 CODE OF VIRGINIA

METHOD OF DETERMINING EMPLOYER&#8217;S OFFSET IN EVENT OF RECOVERY UNDER §
65.2-309 OR § 65.2-310 (§ 65.2-313)

In any action or claim for damages by an employee, his personal representative
or other person against any person other than the employer under § 65.2-310, or
in any action brought, or claim asserted, by the employer under his right of
subrogation provided for in § 65.2-309, if a recovery is effected, the employer
shall pay to the employee a percentage of each further entitlement as it is
submitted equal to the ratio the total attorney&#8217;s fees and costs bear to
the total third-party recovery until such time as the accrued post-recovery
entitlement equals that sum which is the difference between the gross recovery
and the employer&#8217;s compensation lien. In ordering payments under this
section, the Commission shall take into account any apportionment made pursuant
to § 65.2-311.
		For the purposes of this section, &#8220;entitlement&#8221; means compensation
and expenses for medical, surgical and hospital attention and funeral expenses
to which the claimant is entitled under the provisions of this title, which
entitlements are related to the injury for which the third-party recovery was
effected.

HISTORY: 1994, c. 586.