65.2-311 - Expenses and attorney's fees in action under § 65.2-309 or §
§ 65.2-311. Expenses and attorney's fees in action under § 65.2-309 or §65.2-310.
A. Except as provided in subsection B, in any action, or claim for damages,by an employee, his personal representative or other person against anyperson other than the employer, and in any such action brought, or claimasserted, by the employer under his right of subrogation provided for in §65.2-309, if a recovery is effected, either by judgment or voluntarysettlement, the reasonable expenses and reasonable attorney's fees of suchclaimants shall be apportioned pro rata between the employer and theemployee, his personal representative or other person, as their respectiveinterests may appear.
B. If the employer is required to institute an action against any party torecover some or all of its lien pursuant to subsection D of § 65.2-309, theemployer shall not be required to pay any share of the reasonable expensesand reasonable attorney's fees associated with that portion of its lien thatis not preserved by the employee, his personal representative or other person.
(Code 1950, § 65-39.1; 1960, c. 89; 1968, c. 660, § 65.1-43; 1991, c. 355;2004, cc. 914, 941.)