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TOMLIN v. VANCE INTERN., INC.

Record No. 2475-95-2.

470 S.E.2d 599 (1996)

22 Va. App. 448

David Michael TOMLIN v. VANCE INTERNATIONAL, INC.

Court of Appeals of Virginia, Richmond.

May 21, 1996.

Attorney(s) appearing for the Case

Gregory S. Hooe (Traylor & Morris; Joynes and Bieber of Richmond, P.C., on briefs), Chester, for appellant.

Lynne J. Fiscella (Cotter, Fiscella & Carleton, on brief), Virginia Beach, for appellee.

Present: MOON, C.J., COLEMAN, J., and COLE, Senior Judge.

MOON, Chief Judge.

David Michael Tomlin appeals from the order of the Workers' Compensation Commission holding that Vance International, Inc. and its insurer did not waive subrogation rights in a settlement of his compensation claim. Because the employer unequivocally waived its subrogation rights when it settled Tomlin's workers' compensation claim, we reverse the commission's ruling.

Tomlin was employed as a security guard by Vance International. On September...

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