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State court of last resort · ST-VA-SC
Liberty Mutual Insurance v. Fisher
No. 010350Supreme Court of Virginia
010350 Liberty Mutual Insurance v. Fisher 01/11/2002 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 …
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010350 Liberty Mutual Insurance v. Fisher 01/11/2002 The trial court erred in barring an employer from recovering under a workers…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- January 11, 2002
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010350 Liberty Mutual Insurance v. Fisher 01/11/2002 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. Code §§ 65.2-309 and -310 do not permit any such restriction on the amount that an employer may recover under its statutory lien. No provision in the Wrongful Death Act gives a trial court the discretion to impose limits on the amount of an employer's lien created by Code § 65.2-309.
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