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JAMES v. WOOD PRODUCTS OF VIRGINIA

Record Nos. 0417-92-4, 0387-92-4.

427 S.E.2d 224 (1993)

Thomas JAMES, Jr. v. WOOD PRODUCTS OF VIRGINIA. AUGUSTA LUMBER & SUPPLY, INC. v. WOOD PRODUCTS OF VIRGINIA.

Court of Appeals of Virginia.

February 23, 1993.

Attorney(s) appearing for the Case

David M. Kopstein, Washington, DC (Dross & Levenstein, on brief), for appellant Thomas James, Jr.

Bradley B. Cavedo, Richmond (Durrette, Irvin, Lemons & Fenderson, P.C., on briefs), for appellant Augusta Lumber & Supply, Inc.

William C. Walker, Norfolk (Taylor & Walker, P.C., on brief), for appellee.

Present: BARROW, BENTON and COLEMAN, JJ.

BARROW, Judge.

In this appeal from the Workers' Compensation Commission, we decide that the commission incorrectly held that Thomas James, Jr. was an independent contractor, not an employee, of Augusta Lumber & Supply, Inc. No credible evidence supported a finding that Augusta Lumber & Supply, Inc. ever relinquished the power to direct the means and methods by which James did his work, and, therefore, James was...

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