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SMITH v. WEBER

Record No. 0873-85.

350 S.E.2d 213 (1986)

Eric C. SMITH t/a Eric Smith Construction v. Duane R. WEBER.

Court of Appeals of Virginia.

November 5, 1986.

Attorney(s) appearing for the Case

John H. Herbig (Allan M. Heyward, Jr., John H. Herbig, P.C., Richmond, on brief), for appellant.

J. Gray Lawrence, Jr. (Howell, Daugherty, Brown & Lawrence, Norfolk, Robert Bruce Kendall, Virginia Beach, on brief), for appellee.

Present: BARROW, BENTON and COLE, JJ.

BARROW, Judge.

This appeal from the Industrial Commission questions whether a contractor is responsible for workers' compensation benefits for a subcontractor's employee if the contractor has no employees but two of his subcontractors have a total of three employees between them. We agree with the Industrial Commission that the total number of persons employed by the subcontractors should be counted when calculating whether the contractor employs the minimum number...

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