McKnight v. Work Environment Associates & Travelers

McCLANAHAN, Judge.

Jeffrey McKnight (claimant) appeals from a decision of the Virginia Workers’ Compensation Commission allowing his employer an offset on claimant’s future entitlements for a portion of a settlement claimant recovered from a third-party tortfeasor. Claimant contends that the commission erred in finding that Code § 65.2-313 requires such offset, because the third-party settlement did not exceed the employer’s compensation lien prior to the lien being compromised. For the reasons that follow, we affirm the commission.

I. Background

On appeal from a decision of the commission, “we…