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SKELLY v. HERTZ EQUIPMENT RENTAL CORP.

Record No. 2358-00-2.

547 S.E.2d 551 (2001)

35 Va. App. 689

Shannon P. SKELLY and Sarah E. Skelly, As Beneficiaries of Michael L. Skelly, Deceased, v. HERTZ EQUIPMENT RENTAL CORPORATION and Reliance National Indemnity Company.

Court of Appeals of Virginia, Richmond.

June 26, 2001.

Attorney(s) appearing for the Case

Louis D. Snesil (Louis D. Snesil, P.C., on brief), Richmond, for appellants.

R. Ferrell Newman (Thompson, Smithers, Newman, Wade & Childress, on brief), Richmond, for appellees.

Present: WILLIS, ELDER and BRAY, JJ.

WILLIS, Judge.

The statutory beneficiaries of Michael L. Skelly (claimants) appeal a decision of the Workers' Compensation Commission holding that Hertz Equipment Rental Corporation and its insurance carrier (together Hertz) were not responsible for the payment of attorney's fees and costs related to the settlement of a third-party tort claim. The claimants contend that the commission erred in finding (1) that they settled a third-party tort claim without Hertz's...

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