Delp v. Berry

In Virginia Used Auto Parts v. Robertson, 212 Va. 100, 103, 181 S. E. 2d 612, 614 (1971), we concluded that Code § 65.1-106 “expressed the overriding legislative intent that an uninsured employer shall be liable to his employee injured in an accident arising out of and during the course of his employment” and that “[h]ence unsuccessful resort to a civil action will not bar the employee from pursuing his remedy under the [Workmen’s Compensation] Act” (the Act). Code §§ 65.1-1 etseq. Here we must decide whether such an employee, who has been unable to collect from his uninsured employer an…