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DALE v. CITY OF NEWPORT NEWS PUB. UTIL.

Record No. 1600-93-1.

447 S.E.2d 878 (1994)

William A. DALE v. CITY OF NEWPORT NEWS PUBLIC UTILITIES.

Court of Appeals of Virginia.

August 23, 1994.

Attorney(s) appearing for the Case

(Stephen M. Smith, Joseph Smith, Ltd., Hampton, on brief), for appellant. Appellant submitting on brief.

(Verbena M. Askew, City Atty., Collins L. Owens, Jr., Sr. Asst. City Atty., on brief), for appellee. Appellee submitting on brief.

Present: MOON, C.J., and COLEMAN and FITZPATRICK, JJ.

FITZPATRICK, Judge.

William A. Dale (claimant) appeals from a decision of the Workers' Compensation Commission (commission) granting the City of Newport News (employer) a set-off or credit against continuing and future liability under the Act, based on a third-party recovery. See Code § 38.2-2206(I). On appeal, claimant argues that the amount of credit or setoff is limited to those amounts actually paid by the self-insured employer as of the date judgment...

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