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VIRGINIA POLYTECHNIC INSTITUTE v. FRYE

Record No. 1010-87-3.

371 S.E.2d 34 (1988)

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, and Charter Oak Fire Ins. Co. v. Robert FRYE t/a Home Improvement, et al.

Court of Appeals of Virginia.

August 16, 1988.

Attorney(s) appearing for the Case

Richard D. Lucas (James W. Jennings, Jr., Woods, Rogers & Hazlegrove, Roanoke, on brief), for appellants.

James C. Joyce, Jr., Richard M. Thomas, Roanoke, James L. Hutton, Pulaski, (Nicholas L. Lampros, Roanoke, William J. McGhee, Christiansburg, Gentry, Locke, Rakes & Moore, Lichtenstein, Thomas & Cleaveland, Roanoke, Gilmer, Sadler, Ingram, Sutherland Hutton, Pulaski, on briefs), for appellees.

Present: COLEMAN, DUFF and HODGES, JJ.

COLEMAN, Judge.

In this workers' compensation appeal, we consider the existence and the extent of the "labor broker exception" to the special employer rule. Whether a labor broker exception exists and applies will determine which of two employers is responsible under the Workers' Compensation Act for payment of death benefits on behalf of the claimants' decedent. Frye successfully argued before the commission that Virginia Polytechnic Institute and State University...

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