HARRY HUGHES, Governor

2095

Article 101 - Workmen's Compensation

58.

Where injury or death for which compensation is payable
under this article was caused under circumstances creating a
legal liability in some person other than the employer to pay
damages in respect thereof, the employee, or in the case of
death, his personal representative or dependents as hereinbefore
defined, may proceed either by law against that other person to
recover damages or against the employer for compensation under
this article, or in case of joint tort-feasors against both; and
if compensation is claimed and awarded or paid under this
article, any employer, if he is self-insured, insurance company,
association, the State Accident Fund, [or] the Subsequent Injury
Fund, OR THE UNINSURED EMPLOYERS' FUND, may enforce for their
benefit, as the case may be, the liability of such other person;
provided, however, if damages are recovered in excess of the
compensation already paid or awarded to be paid under this
article, and also any payments made for medical or surgical
services, funeral expenses or for any of the other purposes
enumerated in § 36 of this article, then any such excess shall be
paid to the injured employee, or in case of death to his
dependents less the expenses and costs of action incurred by the
employer, insurance company, association, State Accident Fund,
[or] the Subsequent Injury Fund, OR THE UNINSURED EMPLOYERS'
FUND, as the case may be. If any such employer, insurance
company, association, State Accident Fund, [or] the Subsequent
Injury Fund, OR THE UNINSURED EMPLOYERS' FUND, shall not, within
two months from the passage of the award of this Commission,
start proceedings to enforce the liability of such other person,
the injured employee, or in case of death, his dependents, may
enforce the liability of such other person, provided, however,
that if damages are recovered the injured employee or in case of
death his dependents may first retain therefrom the expenses and
costs of action incurred by the said employee or in case of death
his dependents, and the employer, insurance company, association,
the State Accident Fund, [or] the Subsequent Injury Fund, OR THE
UNINSURED EMPLOYERS' FUND, as the case may be, shall be
reimbursed for the compensation already paid or awarded and any
amount or amounts paid for medical or surgical services, funeral
expenses or for any of the other purposes enumerated in § 36 of
this article, except court costs and counsel or attorney's fees,
which shall be paid by the injured employee and/or his
dependents, and the employer, insurance company, association,
State Accident Fund, [or] the Subsequent Injury Fund, OR THE
UNINSURED EMPLOYERS' FUND, in the proportion that the amount
received by each shall bear to the whole amount paid in
settlement of any claim or satisfaction of any judgment obtained
in the case, and the balance in excess of these items shall inure
to the injured employee, or in case of death, to his dependents,
and the amount thus received by the injured employee or in case
of death by his dependents shall be in lieu of any award that
might otherwise have been made thereafter in the same case under