When an injury for which compensation is payable under this Title shall have been sustained under circumstances creating in some person other than the employer a legal liability to pay damages in respect thereto, the injured employee may claim compensation under this Title and, at his option, may also obtain damages from a proceed at law against the other person in order to recover damages. If compensation is claimed and awarded under this Title, an employer or his insurance carrier, having paid the compensation or having become liable therefor, shall be subrogated to the rights of the injured employee up to the amount paid by the employer or his insurance carrier to the employee and shall be entitled to recover against such third person up to said amounts; provided, if the employer or its insurance carrier shall recover from said third person damages in excess of compensation already paid or awarded to the employee under this Title, then any such excess shall be paid to the injured employee, or other person entitled thereto, less the employer’s expenses and costs of action. The amount of compensation paid by the employer, or in the amount of compensation to which the injured employee or his dependents are entitled, shall not be used in order to diminish the employer’s claim or the employee’s claim against said third persons. The collateral source doctrine is reemphasized and reestablished by this Code Section.

SOURCE: GC § 37033. Repealed and reenacted by P.L. 19-035:8 (Dec.
30, 1988).