City of Newport News v. Blankenship

Opinion

MOON, J.

The employer, the City of Newport News, appeals an Industrial Commission decision which upheld reinstatement of the claimant’s suspended temporary total incapacity award. The employer contends that the claimant is no longer entitled to compensation benefits for her 1984 industrial accident because she settled a claim against a third party tortfeasor who was responsible for a 1986 accident, which exacerbated her 1984 injury, without giving the employer the opportunity to protect its subrogation interest by participating in the settlement. We affirm because we find credible…