§ 4-403. Liability of third parties; subrogation.
A. The employer and/or their representative, insurer, guarantor, or surety shall be subrogated to the common law rights of the worker to pursue any claims for benefits against any third party that is liable for the injuries to said worker arising out of and in the course and scope of employment and while the worker was acting in the furtherance of the employer’s interest to the extent of the benefits bestowed upon the said worker. In no event shall the employer be entitled to recover any benefits resulting from employee’s death or as a result of underinsured motorist claims.
B. In case of recovery, the Administrator or Arbitrator(s) selected under Subchapter 8 of this chapter1 shall enter judgment for distribution of the proceeds thereof as follows:
1. A sum sufficient to repay the employer and/or the Administrator for the amount of benefits actually paid to the worker under this Act up to that time;
2. A sum sufficient to pay the employer the present worth, computed at the current legal interest rate for court judgments and decrees, of the future payments of benefits for which the employer is liable, but the sum is not the final adjudication of the future payments which the worker is entitled to receive and if the sum received by the employer is in excess of the amount required to pay the benefits, the excess shall be paid to the worker.
3. The balance, if any, shall be paid over to the worker.
C. For subrogation purposes hereunder, any payment made to a worker, his guardian, parent, next of kin, or legal representative, by or on behalf of any third party, his or its principal or agent liable for, connected with, or involved in causing an injury to such worker shall be considered as having been so paid as damages resulting from and because said injury was under circumstances creating a legal liability against said third party, whether such payment be made under a covenant not to sue, compromise settlement, denial of liability, or otherwise. ONCA 12-76, eff. Oct. 1, 2012.