11.01.160 Apportionment of Liability

(a) If it is established at the hearing that 2 or more parties have each contributed to a physical or mental condition for which benefits would be otherwise due, liability for such benefits shall be apportioned according to the proof of the relative contribution to disability resulting from the injury.

(b) If after a hearing or a pre-hearing conference the Tribal Council determines that an injured employee is entitled to compensation but that there remains in dispute only the issue of which of 2 or more parties is liable for that compensation and one the parties is the Band, the Tribal Council may order the Band to pay is prorated share in an amount, time and manner as determined by the Tribal Council. If the Tribal Council later determines that another party is liable for compensation, the Tribal Council shall authorize the Band to seek reimbursement from the responsible party.