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BATAL BUILDERS v. HI-TECH CONCRETE

Record No. 1571-93-4.

444 S.E.2d 555 (1994)

BATAL BUILDERS, INC. and American Alliance Insurance Company v. HI-TECH CONCRETE, INC., Planet Insurance Company, P & P Construction, The Uninsured Employer's Fund, and Jose Antonio Portillo.

Court of Appeals of Virginia.

May 24, 1994.

Attorney(s) appearing for the Case

William H. Schladt, Gaithersburg (Ward, Klein & Miller, on briefs), for appellants.

Kathryn A.K. Untiedt, Fairfax (John K. Coleman, Slenker, Brandt, Jennings & Johnson, Merrifield, on brief), for appellees Hi-Tech Concrete and Planet Ins. Co.

Paul S. Stahl, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., John J. Beall, Jr., Sr. Asst. Atty. Gen., on brief), for appellee Uninsured Employer's Fund.

William S. Sands, Jr., Fairfax (Hanno I. Rittner, McChesney, Duncan & Dale, on brief), for appellee Jose Antonio Portillo.

No brief or argument for appellee P & P Const.

Present: COLEMAN and FITZPATRICK, JJ., and HODGES, Retired Judge.

FITZPATRICK, Judge.

In this workers' compensation case, Batal Builders, Inc. and its insurance carrier, American Alliance Insurance Company, (Batal) appeal the commission's decision that Batal was the sole statutory employer liable for injuries sustained by Jose A. Portillo (claimant). See Code § 65.2-302. On appeal, Batal argues that the commission erred by finding: (1) that claimant had a reasonable excuse for his failure to provide timely notice of...

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