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McKNIGHT v. WORK ENVIRONMENT ASSOCIATES

Record No. 0482-03-2.

596 S.E.2d 573 (2004)

43 Va. App. 189

Jeffrey A. McKNIGHT v. WORK ENVIRONMENT ASSOCIATES AND TRAVELERS.

Court of Appeals of Virginia, Richmond.

June 1, 2004.

Attorney(s) appearing for the Case

Jay J. Levit (Levit, Mann, Halligan & Warren, P.C., on briefs), Richmond, for appellant.

Francis G. Marrin (Law Offices of Roger S. Mackey, on brief), Fairfax, for appellees.

Present: ANNUNZIATA, HUMPHREYS and McCLANAHAN, JJ.

McCLANAHAN, Judge.

Jeffrey McKnight (claimant) appeals from a decision of the Virginia Workers' Compensation Commission allowing his employer an offset on claimant's future entitlements for a portion of a settlement claimant recovered from a third-party tortfeasor. Claimant contends that the commission erred in finding that Code § 65.2-313 requires such offset, because the third-party settlement did not exceed the employer's compensation lien prior to the lien...

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