Wrong Test Used for Employee Count

By Deborah Elkins
Published: December 16, 2011

Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses a workers’ compensation award to a claimant hired to work on a window-replacement project at an apartment building because the contractor who hired claimant did not have at least three persons “regularly in service.” The commission erred in finding that appellant had three or more regular employees under Va. Code § ...

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