Chap. 158.—An ACT to amend and re-enact section 12 of the Virginia work-
men’s compensation act, which became a law March 21, 1918, as heretofore
amended. [H B 244]

Approved March 20, 1930

1. Be it enacted by the general assembly of Virginia, That section
twelve of the Virginia workmen’s compensation act, which became a
law March twenty-first, nineteen hundred and eighteen, as heretofore
amended, be further amended and re-enacted to read as follows:

Section 12. The rights and remedies herein granted to an employee
where he and his employer have accepted the provisions of this act re-
spectively, to pay and accept compensation on account of personal in-
jury or death by accident shall exclude all other rights and remedies
of such employee, his personal representative, parents, dependents or
next of kin, at common law or otherwise, on account of such injury,
loss of service or death; provided, however, that where such employee,
his personal representative or other person may have a right to recover
damages for such injury, loss of service or death from any person or
persons other than such employer, he may institute an action at law
against such third pdrson or persons before an award is made under
this act, and prosecute the same to its final determination, but either
the acceptance of an award hereunder, of the procurement of a judg-
ment in an action at law, shall be a bar to proceeding further with the
alternate remedy; and, provided, further, that if the employee who has
to accept the provisions of this act be an infant employed knowingly
and wilfully in violation of law, nothing herein contained shall be con-
strued to prevent the parents of such infant employee from maintaining
an action at law for loss of service of said infant against his employer
or other person who may be responsible therefor and recovering dam-
ages therefor in addition to the compensation recoverable hereunder.
In all cases where an employer and employee have accepted the work-
men’s compensation act, as hereinbefore provided, any injury to a minor
while employed contrary to the laws of this State shall be compensable
under this act the same, and to the same extent, as if said minor em-
ployee was an adult.

- In any such action by such employee, his personal representative or
other person against any person other than the employer, the court
shall, on petition or motion of the employer at any time prior to verdict,
ascertain the amount of expenses for medical, surgical and hospital
attention and supplies, and funeral expenses, incurred by the employer
under the provisions of this act, 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 expenses of the employer 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.

The acceptance of an award under this act against an employer for
compensation for the injury or death of an employee shall operate as
an assignment to the employer of any right to recover damages which
the injured employee or his personal representative or other person
inay have against any other party for such injury or death, and such
employer shall be subrogated to any such right and may eniorce, in
his own name or in the name of the injured employee or his personal
representative, the legal liability of such other party. If the injured
employee, his personal representative or other person entitled so to do
has made a claim under this act against his employer, and has not pro-
ceeded against such other party, the employer may, in order to prevent
the loss of his rights by the passage of time, institute such action prior
to the making of an award hereunder.

The amount of compensation paid by the employer or the amount
of compensation to which the injured employee or his dependents are
entitled shall not be admissible as evidence in any action brought to
recover damages, but any amount collected by the employer under the
provisions of this section in excess of the amount paid by the employer
or for which he is liable shall be held by the employer for the benefit
of the injured employee or other person entitled thereto, less such
amounts as are paid by the employer for reasonable expenses and attor-
ney’s fees; provided, that no compromise settlement shall be made by
the employer or insurance carrier in the exercise of such right of sub-
rogation without the approval of the industrial commission and the
injured employee, or the personal representatives or dependents of the
deceased employee, being first had and obtained.

Where any employer is insured against liability for compensation
with any insurance carrier, and such insurance carrier, shall have paid
any compensation for which the employer is liable or shall have as-
sumed the liability of the employer therefor, it shall be subrogated to
all the rights and duties of the employer, and may enforce any such
rights in its own name or in the name of the injured employee or his
personal representative; provided, however, nothing herein shall be
construed as conferring upon insurance carriers any other or further
rights than those existing in the employer at the time of the injury to
his employee, anything in the policy of insurance to the contrary
notwithstanding.