June 27, 2005 - November 21, 2005
The 2002 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 2002 Act, a worker is prohibited, under normal circumstances, from suing an employer or other worker for workrelated disabilities.
Under the 2002 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 by the board.