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ROBINSON v. TREGO STONE CORP.

Record No. 0861-97-2.

493 S.E.2d 389 (1997)

26 Va. App. 97

James A. ROBINSON v. TREGO STONE CORPORATION and Niagara Fire Insurance Company.

Court of Appeals of Virginia, Richmond.

November 25, 1997.

Attorney(s) appearing for the Case

Brian J. Cuscé, Chesterfield, for appellant.

James G. Muncie, Jr. (Midkiff & Hiner, on brief), Richmond, for appellees.

Present: MOON, WILLIS and ELDER, JJ.

MOON, Judge.

James A. Robinson suffered a compensable injury in 1989. The commission awarded him temporary total disability benefits in 1989 but suspended that award in 1991 because of his third-party recovery. In 1996, Robinson applied for a new offset calculation based on Code § 65.2-313. Code § 65.2-313 was enacted in 1994 and requires offset calculations and proportionate payments of litigation expenses incurred in obtaining a third-party award which...

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