Moore v. Virginia International Terminals, Inc.

486 S.E.2d 528, 254 Va. 46, 1997 Va. LEXIS 55
CourtSupreme Court of Virginia
DecidedJune 6, 1997
DocketRecord 961500
StatusPublished
Cited by17 cases

This text of 486 S.E.2d 528 (Moore v. Virginia International Terminals, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Virginia International Terminals, Inc., 486 S.E.2d 528, 254 Va. 46, 1997 Va. LEXIS 55 (Va. 1997).

Opinion

JUSTICE STEPHENSON

The sole issue in this appeal is whether the Court of Appeals erred in ruling that Code § 65.2-520 (a part of the Virginia Workers’ Compensation Act, Code § 65.2-100 et seq. (the Virginia Act)) grants an employer a “dollar-for-dollar,” as opposed to a “week-for-week,” credit for benefits paid to an injured employee under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (the Longshore Act), which exceeded the employer’s obligations under the Virginia Act.

The facts are undisputed. On November 10, 1986, Melvin C. Moore, Jr., sustained injuries to both wrists while working as a longshoreman with Virginia International Terminals, Inc. (VIT). It is conceded that Moore’s injury was compensable under both the Long-shore Act and the Virginia Act.

*48 Moore initially sought disability benefits under the Longshore Act. As a result of his injuries, Moore received temporary total disability benefits under the Longshore Act from November 11, 1986, through April 7, 1987; from April 14, 1987, through November 22, 1987; and from November 25, 1987, through February 15, 1988. Moore also received temporary partial disability benefits from February 16, 1988, through April 17, 1988; temporary total disability benefits from April 18, 1988, through July 27, 1988; and permanent partial disability benefits from July 28, 1988, through August 31, 1990. In addition, Moore received temporary total disability benefits from June 7, 1993, through October 11, 1993.

On May 5, 1988, while receiving temporary total disability benefits under tire Longshore Act, Moore filed an application for benefits with the Virginia Workers’ Compensation Commission (the Commission). Moore sought temporary total disability benefits beginning September 1, 1990.

The parties stipulated that VIT was entitled to a credit for compensation it paid to Moore under the Longshore Act during the periods of Moore’s disability through November 19, 1989, and from June 7, 1993, to August 18, 1993. The parties disagreed, however, regarding the method of calculating the credit pursuant to Code § 65.2-520.

VIT paid a total of $128,578.60 to Moore under the Longshore Act, and it contended that it is entitled to a “dollar-for-dollar” credit in the amount of $16,062.06; i.e., that portion of the sum it paid which exceeds its obligation under the Virginia Act. Moore contended, on the other hand, that VIT is entitled to credit on a “week-for-week” basis, whereby credit is awarded based upon the number of weeks during which benefits were paid by VIT under the Long-shore Act.

The Commission, affirming its Deputy Commissioner, adopted Moore’s “week-for-week” contention. Specifically, the Commission held that VIT “is entitled to set off the number of weeks that benefits were paid under [the Longshore Act] rather than the total amount . . . of compensation paid under [the Longshore Act].” Thus, any weekly amounts VIT paid to Moore under the Longshore Act which exceeded what was due under the Virginia Act were not credited against VIT’s liability under the Virginia Act.

The Court of Appeals reversed that part of the Commission’s order relating to the amount of the credit. The Court held that “the [C]ommission erred in concluding that [VIT] was not entitled to credit for the amount [VIT] paid under the [Longshore Act] that *49 exceeded its obligation under the Virginia Act.” Virginia Intern. Terminals v. Moore, 22 Va. App. 396, 405-06, 470 S.E.2d 574, 579 (1996). We awarded Moore an appeal, having determined that the Court of Appeals’ decision involves a matter of significant precedential value. Code § 17-116.07(B).

Where, as here, a worker is covered by both the federal Long-shore Act and a state workers’ compensation statute, concurrent jurisdiction exists, and the injured worker may proceed under either or both statutes. The claimant, however, is entitled to only a single recovery for his injuries. Calbeck v. Travelers Ins. Co., 370 U.S. 114, 131 (1962); accord American Foods v. Ford, 221 Va. 557, 561, 272 S.E.2d 187, 190 (1980).

In Calbeck, an employer contended that its employee’s acceptance of benefits under a state compensation act constituted an election of remedies which barred prosecution of his claim under the Longshore Act. The Supreme Court held that the injured employee’s acceptance of state disability benefits did not constitute an election of remedies under state law that would preclude recovery under the Longshore Act. In so holding, the Supreme Court noted that, in the commissioner’s order directing payment of compensation under the Longshore Act, “the full amount of all payments made by the employer [under the state act] was credited against the [Longshore Act] award, and no impermissible double recovery is possible.” 370 U.S. at 131. Consistent with Calbeck, the Supreme Court, in Sun Ship, Inc. v. Pennsylvania, 447 U.S. 715, 725 n.8 (1980), concluded that “there is no danger of double recovery under concurrent jurisdiction since employers’ awards under one compensation scheme would be credited against any recovery under the second scheme.”

In American Foods, we considered the issue of concurrent jurisdiction and stated that “both the federal and the state governments are constitutionally competent to provide [workers’] compensation remedies to [workers] who are killed or injured on navigable waters in Virginia.” 221 Va. at 561, 272 S.E.2d at 190. We also stated that “[d]ouble recovery under concurrent jurisdiction will not be allowed, because an employer receives credit for prior state compensation awards in any subsequent award under [the Longshore Act].” Id.

The Code section at issue in the present case, Code § 65.2-520, entitled “Voluntary payment by employer,” reads as follows:

*50 Any payments made by the employer to the injured employee during the period of his disability, or to his dependents, which by the terms of this title were not due and payable when made, may, subject to the approval of the Commission, be deducted from the amount to be paid as compensation provided that, in the case of disability, such deductions shall be made by shortening the period during which compensation must be paid and not by reducing the amount of the weekly payment.

(Emphasis added.)

We think, in enacting Code § 65.2-520, the General Assembly intended that an employer should be given a “dollar-for-dollar” credit. Indeed, the statute states that “[a]ny payments . . . may . . .

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486 S.E.2d 528, 254 Va. 46, 1997 Va. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-virginia-international-terminals-inc-va-1997.