Chap. 279.—An ACT to amend and re-enact section 12 of the Virginia workmen’s
compensation act, which became a law March 21, 1918, as last amended by an
act approved March 20, 1930. [H B 306]

Approved March 24, 1932
I. Beit enacted by the general assembly of Virginia, That section
velve of the Virginia workmen s se sehteen as last:
w March twenty-first, nineteen hundred and eighteen, as last amended
y an act approved March twentieth, nineteen hundred and thirty, be
mended and re-enacted so as to read as follows:

Section 12. The rights and remedies herein granted to an employee

there he and his employer have accepted the provisions of this act
espectively, to pay and accept compensation on account of personal
yjury or death by accident shall exclude all other rights and remedies
f such employee, his personal representative, parents, dependents or
ext of kin, at common law or otherwise, on account of such injury,
oss of service or death ; provided, however, that where such employee,
lis personal representative or other person May have a right to recover
lamages for such injury, loss of service or death from any person or
yersons other than such employer, he may institute an action at law
.gainst such third person or persons before an award is made under
his act and prosecute the same to ‘ts 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
so accepted the provisions of this act be an infant emploved 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 employe:
or other person who may be responsible therefor and recovering dam
ages therefor in addition to the compensation recoverable hereunder
Tn all cases where an employer and employee have accepted the work
men’s compensation act as hereinbefore provided, any injury to a mino
while employed contrary to the laws of this State shall be compensabl
under this act the same, and to the same extent, as if said mino
employee was an adult.
In any such action by such emplovee, his personal representative ¢
other person against any person other than the employer, the cou
shall, on petition or motion of the employer at any time prior to verdic
ascertain the amount of expenses for medical, surgical and hospital a
tention and supplies, and funeral expenses, incurred by the employ
under the provisions of this act, and in event of judgment against su
person other than the employer, the court shall in its order require th
the judgment debtor pay such expenses of the employer so ascertains
by the court out of the amount of the judgment, so far as sufficier
and the balance, if any, to the judgment creditor.

The acceptance of an award under this act against an employer f
compensation for the injury or death of an employee shall operate
an assignment to the emplover of any right to recover damages whi
the injured employee or his personal representative or other pers
may have against any other party for such injury or death, and su
employer shall be subrogated to any such right and may enforce, in |
own name or in the name of the injured employee or his perso
representative, the legal liability of such other party. If the inju
employee, his personal representative or other person entitled so to do
has made a claim under this act against his employer, and has not
proceeded 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 turned over to the injured employee
or other person entitled thereto, less such amounts as are paid by the
employer for reasonable expenses and attorney’s fees; provided, that
no compromise settlement shall be made by the employer or insurance
carrier in the exercise of such right of subrogation without the ap-
proval of the industrial commission and the injured employee, or the
personal representatives or sepeMHlents 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.

Provided, however, that nothing herein contained shall prevent the
employee or his personal representative from receiving the full amount
of any recovery against a third party less the amount of compensation
paid or payable and other expenses provided for in this act.