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BAY CONCRETE CONST. CO., INC. v. DAVIS

Record No. 3096-03-1.

600 S.E.2d 144 (2004)

43 Va.App. 528

BAY CONCRETE CONSTRUCTION COMPANY, INC. and the Union Insurance Company v. Frankie Oreal DAVIS.

Court of Appeals of Virginia, Chesapeake.

August 3, 2004.

Attorney(s) appearing for the Case

Richard A. Hobson (Law Office of Richard A. Hobson, Richmond, on brief), for appellants.

Carlton F. Bennett (Bennett and Zydron, P.C., on brief), Virginia Beach, for appellee.

Present: BENTON, ELDER and FRANK, JJ.

ELDER, Judge.

Bay Concrete Construction Co., Inc. (employer) and The Union Insurance Company (carrier) appeal from a decision of the Workers' Compensation Commission holding that overpayments of disability compensation to Frankie Oreal Davis (claimant) entitled carrier only to a credit against any future compensation due and did not entitle it to recover those overpayments from claimant "by action at law" pursuant to Code §§ 65.2-710 or 65.2-712. We hold...

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