Legal Opinion
Wood v. Caudle-Hyatt, Inc.
Court of Appeals of Virginia
Decided May 17, 1994No. Record No. 2238-92-2PublishedCited by 14 opinions
1Opinion of the Court
Opinion
COLEMAN, J.
In this workers’ compensation appeal, we hold that an injured worker who settles his common law tort claim against a third party, with his employer having knowledge of the specific terms of settlement and an opportunity to enforce its subrogation rights, is not barred from proceeding with his workers’ compensation claim.
In 1987, Harold Ray Wood was diagnosed as suffering from stage one asbestosis. He filed a workers’ compensation claim pursuant to Code § 65.2-503(B)( 17) with the Industrial Commission 1 against Caudle-Hyatt, by whom he was regularly employed as an asbestos…
2Cases cited11 opinions
- Noblin v. Randolph Corp.Supreme Court of Virginia · 1942
- Green v. Warwick Plumbing & Heating Corp.Court of Appeals of Virginia · 1988
- Maida Ludvik Sheris v. The Travelers Insurance Company, Maida Ludvik Sheris v. The Travelers Insurance ComapnyCourt of Appeals for the Fourth Circuit · 1974
- Safety-Kleen Corp. v. Van HoySupreme Court of Virginia · 1983
- Bohle v. Henrico County School BoardSupreme Court of Virginia · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sneath v. Express Messenger ServiceColorado Court of Appeals · 1996
- Tomlin v. Vance International, Inc.Court of Appeals of Virginia · 1996
- United Airlines, Inc. v. HayesCourt of Appeals of Virginia · 2011
- X-It Products, LLC v. Walter Kidde Portable Equipment, Inc.District Court, E.D. Virginia · 2002
- Naa Lamiley Williams v. Capital Hospice and Companion Property & Casualty Insurance CompanyCourt of Appeals of Virginia · 2016
9 more not listed; retrieve them via the Exa API.