November 21, 2005 - June 30, 2008
The Act authorizes the board to recover monies through the pursuit of third party (subrogated) action.
In return for the guaranteed benefits provided an injured worker through the Act, a worker is prohibited, under normal circumstances, from suing an employer or other worker for workrelated disabilities. The exception to this is when the disability arises from the use or operation of a vehicle.
Under the Act, the board's right to sue is discretionary. There is no obligation to sue on the worker's behalf. The board should proceed in the name of the worker when there is a reasonable chance of success, and there is a net gain for the worker and recovery of costs of the disability by the board.
Release of Information