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LYNCH v. THOMAS E. LEE & SONS PARTNERSHIP

Record No. 1384-90-4.

406 S.E.2d 423 (1991)

Isaiah H. LYNCH v. THOMAS E. LEE & SONS, PARTNERSHIP.

Court of Appeals of Virginia.

July 9, 1991.

Attorney(s) appearing for the Case

Jerry O. Talton, for appellant.

George W. Johnston, III (Kevin J. Burke, Hazel & Thomas, P.C., on brief), for appellee.

Present: KEENAN, COLE and WILLIS, JJ.

WILLIS, Judge.

The issue in this appeal is whether the Industrial Commission erred in affirming the deputy commissioner's finding that the appellee horticultural employer did not have more than two full-time employees and thus was exempted from coverage by the Workers' Compensation Act pursuant to Code § 65.1-28. We find that the commission applied an erroneous definition of full-time employment. Therefore, we reverse...

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