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omission of another party, the Plan will be subrogated and will succeed to the right of the Plan participant to recovery against any person, organization, or other carrier. The acceptance of such benefits hereunder will constitute such subrogation. The Plan participant must remit to the Department of Finance and Administration, for the Plan all sums recovered by suit, settlement, or otherwise, on account of such hospital, medical, and related service or benefit, and must take such action to furnish such information and assistance, and execute such assignments and other instruments as may be required to facilitate enforcement of rights hereunder, and must take no action prejudicing the rights and interest of the Department of Finance and Administration hereunder.

Failure by the Plan participant to execute such evidence of subrogation as may be required will make the Plan participant liable for all costs and expenses incurred under the Plan in his behalf because of such hospital, medical, and related services. Nothing contained in this provision will be deemed to change, modify, or vary the terms of the Coordination of Benefits section of this Plan Document.

Subrogation - Work Related Benefits for work-related injuries or illnesses may be extended by the Plan where (1) liability is being controverted by the employer in a proceeding before the particular worker’s compensation agency with jurisdiction and Plan participant’s related claims are unpaid; or, (2) claims payments were made prior to notification to the Plan of their work-related nature.

Where the Plan does extend benefits for a work-related injury or illness, the Plan will be entitled to reimbursement where the employer acknowledges or the respective workers’ compensation agency determines that the injury or illness is work-related. The Plan will be entitled to reimbursement even if a settlement does not specifically include payments for health care expenses. Reimbursement may be sought from the Plan participant or directly from the employer or its workers’ compensation liability carrier. The Plan participant agrees to provide the Plan with prior notice of and opportunity to participate in any settlement proceedings.

The Plan participant will take such action, furnish such information and assistance, and execute such papers as the Plan may require to facilitate enforcement of its rights and will take no action prejudicing the rights and interest of the Plan.

The Plan participant must immediately notify the Plan of any injury, illness, or condition for which a claim has been or will be pursued under any applicable workers’ compensation laws.

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