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WAGNER ENTERPRISES, INC. v. BROOKS

Record No. 1284-90-4.

407 S.E.2d 32 (1991)

WAGNER ENTERPRISES, INC., and Assurance Company of America v. Mark Russell BROOKS, Ed Ellis Carpentry, American National Fire Insurance, Co., Charles R. Seward, and Uninsured Employers' Fund.

Court of Appeals of Virginia.

July 1, 1991.

Attorney(s) appearing for the Case

John C. Duncan, III (Mark W. Borghesani; McChesney, Duncan & Dale, P.C., on brief), Fairfax, for appellant.

John K. Coleman, Merrifield (David Rosenblum, Alexandria, John D. Tew, Falls Church, Joseph N. Bowman, Alexandria, Slenker, Brandt, Jennings & Johnston, Merrifield, Rosenblum and Rosenblum, P.C., Alexandria, Gillenwater & Tew, on briefs, Falls Church), for appellees.

Present: COLEMAN, KEENAN and MOON, JJ.

KEENAN, Judge.

Wagner Enterprises and Assurance Company of America (Wagner) appeal from a decision in which the commission awarded compensation benefits and medical expenses to Mark R. Brooks. The commission found that since Wagner, the general contractor on the job site, had actual notice of Brooks' injury, it was liable under Code § 65.1-301, as a statutory employer, for payment of benefits to Brooks. At the same time, the commission...

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