(a) After the employer or insurer and the administrator of the Subsequent Injury Trust Fund reach an agreement with respect to reimbursement and either the reimbursement agreement is approved by the State Board of Workers' Compensation or the State Board of Workers' Compensation otherwise orders reimbursement pursuant to Code Section 34-9-363, the employer or the insurer shall have a continuing obligation to keep the administrator of the Subsequent Injury Trust Fund informed as to any proposed settlement agreement, pursuant to Code Section 34-9-15, between the employee and the employer or the insurer. (b) The employer or the insurer shall obtain the approval from the
administrator of the Subsequent Injury Trust Fund for any and all
settlement agreements between the employee and the employer or the
insurer in all cases where a reimbursement agreement between the
employer or the insurer and the Subsequent Injury Trust Fund exists
prior to the submitting of the settlement agreement to the State
Board of Workers' Compensation for approval; provided, however, that
if the employer or insurer fails to obtain the approval from the
administrator of the Subsequent Injury Trust Fund for such a
settlement agreement, but the State Board of Workers' Compensation
approves such agreement, the reimbursement agreement between the
employer or the insurer and the Subsequent Injury Trust Fund shall
become null and void, and the State Board of Workers' Compensation
shall, upon the petition of the administrator of the Subsequent
Injury Trust Fund, issue an order rescinding the reimbursement
agreement; provided, further, that nothing in this Code section
shall prohibit the parties from reaching a compromise settlement as
to reimbursement from the Subsequent Injury Trust Fund, upon
approval of the State Board of Workers' Compensation. |