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LIBERTY MUT. INS. CO. v. FISHER

Record No. 010350.

557 S.E.2d 209 (2002)

263 Va. 78

LIBERTY MUTUAL INSURANCE COMPANY, et al. v. Dawn M. FISHER and John M. Garlock, Co-Administrators of the Estate of Mary K. Pilkerton, Deceased.

Supreme Court of Virginia.

January 11, 2002.

Attorney(s) appearing for the Case

R. Ferrell Newman (Thompson, Smithers, Newman, Wade & Childress, on briefs), Richmond, for appellants.

Randall T. Perdue, Staunton, (Thomas E. Albro; Patricia D. McGraw, Charlottesville; Timberlake, Smith, Thomas & Moses, Staunton; Tremblay & Smith, Charlottesville, on brief), for appellees.

Present: All the Justices.

Opinion by Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether the trial court erred in barring an employer from recovering under a workers' compensation lien, as part of the settlement of a third-party wrongful death action, benefits paid to persons who did not participate in the settlement of that wrongful death action.

In November 1993, the decedent, Mary K. Pilkerton, was employed as a receptionist by Windham Home for Adults (Windham), a...

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