Govt of the VI vs. Elvis George, et al
Case Caption: Government of the Virgin Islands vs. Elvis George, Mark Lonski, and Property Kings, Inc. Case Number: SCT-CIV-2022-0110Date: 02/10/2025Author: Cabret, Maria M. Citation: 2025 VI 6Summary: In an appeal brought by the Government of the Virgin Islands on behalf of the Virgin Islands Department of Labor-Workers’ Compensation Administration (“VIDOL”), concerning the Superior Court’s November 2022 order denying its motion for leave to intervene as of right and compelling VIDOL to execute a general release in connection with its workers’ compensation lien against the appellee, directing the disbursement of the third party recovery to pay appellee’s attorney’s fees and costs ($6,037.33) first, with the remainder ($10,462.67) to VIDOL to settle its workers’ compensation lien, the Superior Court erred in denying the motion for leave to intervene as of right. However, the Superior Court did not err in directing the disbursement of the third party recovery to pay appellee’s legal fees first with the remainder to VIDOL to settle VIDOL’s workers’ compensation lien, and further did not err in compelling VIDOL to execute a general release in connection with its lien. However, the Superior Court’s order failed to account for $1,000 of the third party recovery. Thus, the Superior Court’s denial of the motion for leave to intervene as of right is reversed, and the portion of the Superior Court’s order directing VIDOL to execute a general release in connection with its lien is affirmed. However, those portions of the Superior Court’s order ordering the disbursement of the third party recovery are vacated, and the matter is remanded to the Superior Court to allow the Government to intervene on behalf of VIDOL and to order the disbursement of $6,037.33 to pay for appellee’s legal fees first with the remainder of $11,462.67 to GVI to settle VIDOL’s lien.Attachment:
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