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JENEARY v. COM.

Record No. 002550.

551 S.E.2d 321 (2001)

262 Va. 418

William E. JENEARY, Administrator of the Estate of Donald Gordon Jeneary, II, Deceased, v. COMMONWEALTH of Virginia, The Uninsured Employer's Fund, et al.

Supreme Court of Virginia.

September 14, 2001.

Attorney(s) appearing for the Case

John W. Drescher (Latane' W. Brown; Breit, Drescher & Breit, on brief), Norfolk, for appellant.

M.E. Bowerman (Bowerman & Willis, on brief), Virginia Beach, for appellee Virginia Beach General Hospital, Inc.

John J. Beall, Jr., Senior Assistant Attorney General (Mark L. Earley, Attorney General; Cheryl A. Wilkerson, Assistant Attorney General, on brief), for appellee Commonwealth of Virginia, Unisured Employer's Fund of the Virginia Worker's Compensation Commission.

Present: All the Justices.

KOONTZ, Justice.

In this appeal, we consider whether the trial court correctly applied Code §§ 65.2-1204 and 65.2-601.1 of the Virginia Workers' Compensation Act with respect to claims made by the Uninsured Employer's Fund and a health care provider against the proceeds of a compromise settlement in a wrongful death action.

BACKGROUND

The parties do not dispute the principal facts. Donald Gordon Jeneary, II, worked as a delivery person...

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