CHAPTER 534

AN ACT to amend and reenact § 65-39 of the Code of Virginia, relating to
the rights of the employer under the Workmen’s Compensation Act
in an action by the employee against a third party, so as to permit
recovery by the employer of compensation and expenses paid by the
employer out of a verdict or settlement.

[S 349]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

a That § 65-39 of the Code of Virginia be amended and reenacted as
ollows:

§ 65-39. In any such action by such employee, his personal repre-
sentative 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 compensation paid and 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 compensation and ex-
penses 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.