Bush v. Richardson

McHUGH, Justice:

The appellant, Roberta Banks Bush, appeals the January 9,1996 order of the Circuit Court of Wood County which held in a declaratory judgment action that the appellant need not be fully compensated for her injuries (made whole) by the moneys received from a third-party tortfeasor before the ap-pellee, Andrew N. Richardson, the Commissioner of the West Virginia Bureau of Employment Programs, Division of Workers’ Compensation (hereinafter the “Commissioner”), may enforce a statutory subrogation lien pursuant to W. Va.Code, 23-2A-1 [1990] upon such moneys. For reasons explained…