ROBERT L. EHRLICH, JR., Governor                              Ch. 56

[66-13.

All assignments of claims for relief money provided in this Article and all
assignments of claims against any operator for injuries received by an employee in
the discharge of his duty or for disability or death, provided that such operator shall
not have been in default in compliance with the provisions of this Article at the time
of such injuries, disability and death, shall be null and void, and said claims shall not
be subject to attachment, garnishment or other legal process.]

[66-14.

A.    Effect of legal action. No suit or action shall lie or be brought or maintained
against any operator for or in respect of the death of any employee whose
personal representatives shall have accepted the relief money provided for
in this Article, and no such suit or action shall be brought before the
expiration of six (6) months from the date of the employee's death nor while
any suit brought by the personal representative for such relief money is
pending. In case any suit or action is brought against any operator by any
person claiming damages for or in respect of injury or disability received in
the discharge of his duty as an employee of such operator, all right and
claim of such person to any payments out of the Fund shall be thereby
forfeited. When any person claiming that he has sustained injury or
disability shall accept any relief money provided for in this Article for and in
respect of such injury or disability or shall commence any suit against the
County Commissioners for such relief money, the operator in whose employ
such person sustained the injury or disability shall be exempt from liability
therefor, and thereafter no suit or action shall lie or be brought or
maintained against such operator for or in respect of such injury or
disability or death resulting therefrom, provided that the provisions of this
section shall not apply to cases where the operator has been in default in
compliance with the provisions of this Article at the time of the injury,
disability or death.

B.    Effect of judgment against operator. If any suit or action is brought against
any operator for or in respect of any injury or disability received by an
employee while in discharge of his duty or for death resulting therefrom,
including death from contact with mine gases, and said operator shall
appear and defend such suit or action and a judgment shall be rendered
against him, he shall, after satisfying said judgment and upon filing with
the County Commissioners a certified copy of said judgment and the order
of satisfaction, be entitled thereafter to deduct from the payments required
to be made by him hereunder to the County Treasurer a sum equal to the
amount of said judgment and costs, provided that said operator shall have
notified the County Commissioners of the pendency of said suit or action,
and provided further that at the time of the injury, disability and death the
operator has complied with the provisions of this Article.]

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