Assignment of recovery rights to corporation, when
When someone gets paid by a workers' compensation guarantee corporation because their employer went broke, that person automatically gives their right to collect that money back to the corporation. The corporation can then try to get that money back from the bankrupt employer's leftover assets. The corporation also has to report the claims it paid to the person handling the bankrupt employer's finances.
287.875. of recovery rights to , when — or , rights — corporation to file statements with receiver, when. — 1. Any person who recovers from the corporation under sections 287.860 to 287.885 shall be to have her or his rights to the corporation to the extent of such recovery. Every seeking the protection of sections 287.860 to 287.885 shall cooperate with the corporation to the same extent as such person would have been required to cooperate with the . The corporation shall have no against the employee of the insolvent member employer for any sums the corporation has paid out, except such causes of as the insolvent member employer would have had if such sums had been paid by the insolvent member employer. In the case of an insolvent member employer operating on a plan with , payments of by the corporation shall not operate to reduce the of the insolvent member employer to the receiver, liquidator, or for unpaid .
2. The receiver, liquidator, or statutory successor of an insolvent member employer shall be bound by settlements of by the corporation. The court having shall such claims against the of the insolvent member employer equal to that to which the claimant would have been entitled in the absence of sections 287.860 to 287.885. The expense of the corporation or similar organization in handling claims shall be accorded the same priority as the expenses of the liquidator.
3. The corporation shall file periodically with the receiver or liquidator of the insolvent member employer statements of the covered claims paid by the corporation and estimates of anticipated claims on the corporation, which shall preserve the rights of the corporation against the assets of the insolvent member employer.
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Source & history notes
(L. 1992 H.B. 975)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.