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<section article="gle" article_name="Labor and Employment" number="9-1004" title_number="9" title_name="Workers' Compensation" subtitle_number="10" subtitle_name="Uninsured Employers">
  <level label="a">
    <text>If the Fund pays compensation to a covered employee or the dependents of a covered employee, the Fund is subrogated to the rights of the uninsured employer under this title.</text>
  </level>
  <level label="b">
    <text>If the Fund and the uninsured employer both have paid compensation to or on behalf of a covered employee or the dependents of a covered employee, the Fund shall apply any money that it recovers from a third party:</text>
    <level label="1">
      <text>first, to repayment of the award paid by the Fund;</text>
    </level>
    <level label="2">
      <text>second, to any unsatisfied demand for security and to assessments imposed against the uninsured employer under this subtitle; and</text>
    </level>
    <level label="3">
      <text>finally, to the uninsured employer.</text>
    </level>
  </level>
  <level label="c">
    <text>If the Fund and the uninsured employer both have paid compensation to or on behalf of a covered employee or the dependents of a covered employee, and the Fund recovers money from a third party exceeding the amount of compensation awarded to the covered employee or the dependents and the reasonable and necessary expenses incurred in making the recovery, the Fund shall:</text>
    <level label="1">
      <text>apportion the excess amount between the covered employee or the dependents and the Fund; and</text>
    </level>
    <level label="2">
      <text>use the balance to:</text>
      <level label="i">
        <text>first, reimburse the Fund for its reasonable and necessary expenditures in making the recovery;</text>
      </level>
      <level label="ii">
        <text>second, repay any award paid by the Fund;</text>
      </level>
      <level label="iii">
        <text>third, satisfy any unsatisfied demand for security or assessments imposed against the uninsured employer under this subtitle; and</text>
      </level>
      <level label="iv">
        <text>finally, return the remainder to the uninsured employer.</text>
      </level>
    </level>
  </level>
</section>
