Wood v. Caudle-Hyatt, Inc
In Wood v. Caudle-Hyatt, Inc., 18 Va. App. 391, 395-96, 444 S.E.2d 3, 6 (1994), the employee promptly, by certified mail, notified the employer of the terms of the proposed third-party settlement, which was in excess of his potential workers' compensation benefits, and requested the employer's consent or objection within ten days. Id. at 398, 444 S.E.2d at 7.
The Court held that the employer was thus afforded an opportunity to object and to protect its subrogation rights, and was not prejudiced by the settlement. See id.