Legal Opinion
Dale v. City of Newport News Public Utilities
Court of Appeals of Virginia
Decided August 23, 1994No. 1600-93-1PublishedCited by 3 opinions
1Opinion of the Court
Opinion
FITZPATRICK, J.
William A. Dale (claimant) appeals from a decision of the Workers’ Compensation Commission (commission) granting the City of Newport News (employer) a set-off or credit against continuing and future liability under the Act, based on a third-party recovery. See Code § 38.2-2206(1). On appeal, claimant argues that the amount of credit or set-off is limited to those amounts actually paid by the self-insured employer as of the date judgment on the third-party claim was entered. We disagree.
The facts of this case are not in dispute. On November 12, 1986, claimant suffered a…
2Cases cited5 opinions
- William v. City of Newport NewsSupreme Court of Virginia · 1990
- Maida Ludvik Sheris v. The Travelers Insurance Company, Maida Ludvik Sheris v. The Travelers Insurance ComapnyCourt of Appeals for the Fourth Circuit · 1974
- Dale v. City of Newport NewsSupreme Court of Virginia · 1992
- City of Portsmouth v. City of ChesapeakeSupreme Court of Virginia · 1986
- Continental Baking Co. v. City of CharlottesvilleSupreme Court of Virginia · 1961
3Cited by3 opinions
- Mouberry v. CommonwealthCourt of Appeals of Virginia · 2003
- Ford v. CommonwealthCourt of Appeals of Virginia · 2006
- Dinapoli v. Nationwide Ins.Virginia Beach County Circuit Court · 1996