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UNINSURED EMPLOYER'S FUND v. WILSON

Record No. 3002-04-4.

619 S.E.2d 476 (2005)

46 Va. App. 500

The UNINSURED EMPLOYER'S FUND v. Michael Lewis WILSON.

Court of Appeals of Virginia.

September 20, 2005.

Attorney(s) appearing for the Case

Paul R. Schmidt (Huff, Poole & Mahoney, P.C., on brief), Virginia Beach, for appellant.

No brief or argument for appellee.

Present: ELDER, KELSEY and McCLANAHAN, JJ.

KELSEY, Judge.

The Uninsured Employer's Fund seeks a credit against medical benefits owed under the Virginia Workers' Compensation Act for payments made to the claimant pursuant to an out-of-state settlement that had not been submitted to the Virginia Workers' Compensation Commission for approval. The commission denied the credit, reasoning that Code § 65.2-520 authorizes credits only against compensation payments, not medical benefits. We agree and affirm.<...

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