§ 40-6-10. Effect of assistance on receipt of workers' compensation benefits.
(a) No individual shall be entitled to receive assistance provided under this chapter
or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title
for any period beginning on or after July 1, 1982, with respect to which benefits
are paid or payable to individuals under any workers' compensation law of this state,
any other state, or the federal government, on account of any disability caused by
accident or illness. In the event that workers' compensation benefits are subsequently
awarded to an individual with respect to which the individual has received assistance
payments under this chapter or chapter 5.1 of this title and/or medical assistance
under chapter 8 of this title, then the executive office of health and human services
shall be subrogated to the individual's rights in the award to the extent of the amount
of the payments and/or medical assistance paid to or on behalf of the individuals.
(b) Whenever an employer or insurance carrier has been notified by the executive office
of health and human services that an individual is an applicant for, or a recipient
of, assistance payments under this chapter or chapter 5.1 of this title, and/or medical
assistance under chapter 8 of this title, for a period during which the individual
is or may be eligible for benefits under the workers' compensation act, chapters 29
— 38 of title 28, the notice shall constitute a lien in favor of the executive office
of health and human services, upon any pending award, order, or settlement to the
individual under the workers' compensation act. The employer, or his or her insurance
carrier, shall be required to reimburse the executive office of health and human services
the amount of the assistance payments and/or medical assistance paid to or on behalf
of the individual for any period for which an award, order, or settlement is made.
(c) Whenever an individual becomes entitled to or is awarded workers' compensation for
the same period with respect to which the individual has received assistance payments
under this chapter or chapter 5.1 of this title and/or medical assistance under chapter
8 of this title, and whenever notice of the receipt of assistance payments has been
given to the division of workers' compensation of the department of labor and training
of this state and/or the workers' compensation commission, the division or commission
is hereby required to and shall incorporate, in any award, order, or approval of settlement,
an order requiring the employer or his or her insurance carrier to reimburse the executive
office of health and human services the amount of the assistance payments and/or medical
assistance paid to, or on behalf of, the individual for the period for which an award,
order, or settlement is made.
(d) Any claims or payments to a recipient of medical assistance provided by the executive
office of health and human services in accordance with chapter 8 of this title shall
also be subject to the provisions of § 28-33-27. Funds available to be paid for the payment of child support shall supersede any
payment made pursuant to this chapter and chapter 57.1 of title 27.