January 1, 1993 - August 16, 1994
Workers' Compensation legislation 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 WCA, a worker is prohibited, under normal circumstances, from suing an employer or other worker for work-related disabilities.
The worker's entitlement to sue a third party is subrogated or assigned to the board. This means the board can sue in the worker's name to recover any costs it has paid out to the worker from the negligent party. The board may in some circumstances give its consent to a worker to commence a suit.
Under the WCA 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, a net gain for the client and/or recovery of costs by the board.