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RACE FORK COAL CO. v. TURNER

Record No. 880032.

379 S.E.2d 341 (1989)

RACE FORK COAL COMPANY, et al. v. Mack TURNER, et al.

Supreme Court of Virginia.

April 21, 1989.

Attorney(s) appearing for the Case

Thomas R. Scott, Jr. (Street, Street, Street, Scott & Bowman, Grundy, on briefs), for appellants.

Christopher D. Eib, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., on brief), for appellee Uninsured Employers Fund.

No briefs or arguments, for appellees Mack Turner and Travis Coal, Inc.

Present: All the Justices.

WHITING, Justice.

In this appeal, we decide whether a "statutory" employer under the Virginia Workers' Compensation Act, Code §§ 65.1-1 to -163 is constitutionally entitled to: (1) the statutorily required notice of an accident from the worker; and (2) be named as a party to the subsequent Industrial Commission proceeding in which the compensation award, which the statutory employer is now being required to pay, was made against the actual employer.

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