Yellow Freight Systems, Inc. v. Courtaulds Performance Films, Inc.
Supreme Court of Virginia
1Opinion of the CourtJustice Koontz
In this appeal, we consider whether the trial court properly ruled that a petition filed under Code § 65.2-310 in a civil action by an employer seeking to enforce subrogation rights for workers’ compensation benefits paid was untimely.
BACKGROUND
The essential facts are not in dispute. On January 28, 1998, Milton Earl Oakley (Oakley), a driver for Yellow Freight Systems, Inc. (Yellow Freight), was injured when he was exposed to hazardous chemical fumes while making a delivery for his employer to the Fieldale facility of Courtaulds Performance Films, Inc. and CP Films, Inc. (collectively,…
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