§23-2-1c. Extraterritorial coverage; approval and change of
agreements.
(a) Whenever, with respect to an employee of an employer who
is a subscriber in good standing to the workers' compensation fund
or an employer who has elected to pay compensation directly, as
provided in section nine of this article, there is a possibility of
conflict with respect to the application of workers' compensation
laws because the contract of employment is entered into and all or
some portion of the work is performed or is to be performed in a
state or states other than this state, the employer and the
employee may agree to be bound by the laws of this state or by the
laws of any other state in which all or some portion of the work of
the employee is to be performed: Provided, That the executive
director may review and accept or reject the agreement. The review
shall be conducted in keeping with the executive director's
fiduciary obligations to the workers' compensation fund which may
include, among other things, the nexus of the employer and the
employee to the state: Provided, however, That nothing in this
section shall be construed as to require an agreement in those
instances where subdivision (3), subsection (b), section one of
this article or subdivision (1), subsection (a), section one-a of
this article are applicable. All agreements shall be in writing
and filed with the executive director within ten days after
execution of the agreement but shall not become effective until
approved by the executive director and shall, thereafter, remain in effect until terminated or modified by agreement of the parties
similarly filed or by order of the executive director. If the
parties agree to be bound by the laws of this state, an employee
injured within the terms and provisions of this chapter is entitled
to benefits under this chapter regardless of the situs of the
injury or exposure to occupational pneumoconiosis or other
occupational disease, and the rights of the employee and his or her
dependents under the laws of this state shall be the exclusive
remedy against the employer on account of injury, disease or death
in the course of and as a result of the employment.
(b) If the parties agree to be bound by the laws of another
state and the employer has complied with the laws of that state,
the rights of the employee and his or her dependents under the laws
of that state shall be the exclusive remedy against the employer on
account of injury, disease or death in the course of and as a
result of the employment without regard to the situs of the injury
or exposure to occupational pneumoconiosis or other occupational
disease.
(c) If the employee is a resident of a state other than this
state and is subject to the terms and provisions of the workers'
compensation law or similar laws of a state other than this state,
the employee and his or her dependents are not entitled to the
benefits payable under this chapter on account of injury, disease
or death in the course of and as a result of employment temporarily
within this state, and the rights of the employee and his or her dependents under the laws of the other state shall be the exclusive
remedy against the employer on account of any injury, disease or
death.
(d) If any employee or his or her dependents are awarded
workers' compensation benefits or recover damages from the employer
under the laws of another state for an injury received in the
course of and resulting from the employment, the amount awarded or
recovered, whether paid or to be paid in future installments, shall
be credited against the amount of any benefits payable under this
chapter for the same injury.