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HENRY'S WRECKER SERVICE CO. v. SMOOT

No. 0847-00-4.

545 S.E.2d 551 (2001)

35 Va. App. 365

HENRY'S WRECKER SERVICE COMPANY and Michigan Mutual Insurance Company v. Wayne Davis SMOOT, Sr.

Court of Appeals of Virginia, Chesapeake.

May 1, 2001.

Attorney(s) appearing for the Case

S. Vernon Priddy III (Cecil H. Creasey, Jr.; Sands, Anderson, Marks & Miller, on briefs), Richmond, for appellants.

Christopher P. Schewe, Alexandria, for appellee.

Present: BENTON, BRAY and FRANK, JJ.

BRAY, Judge.

Henry's Wrecker Service Company (employer) and Michigan Mutual Insurance Company, employer's workers' compensation insurance carrier (collectively employer), appeal the decision of the Workers' Compensation Commission (commission) declining jurisdiction "to order Wayne D. Smoot [(claimant)] or his counsel to reimburse [employer's] lien" on certain monies paid claimant in settlement of a third-party tort action. Finding the Workers' Compensation Act (Act...

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