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COM. v. WOODWARD

Record No. 940140.

452 S.E.2d 656 (1995)

COMMONWEALTH of Virginia, v. James M. WOODWARD.

Supreme Court of Virginia.

January 13, 1995.

Attorney(s) appearing for the Case

W. Mark Dunn, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., Gregory E. Lucyk, Sr. Asst. Atty. Gen., on brief), for appellant.

Roger A. Ritchie, Harrisonburg (Roger A. Ritchie & Partners, on brief), for appellee.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, WHITING, LACY and HASSELL, JJ., and COCHRAN, Retired Justice.

COMPTON, Justice.

The question for decision in this appeal is whether a prisoner performing inmate labor on a road crew is an "employee" of the Commonwealth of Virginia within the meaning of the Virginia Workers' Compensation Act (the Act).

Appellee James M. Woodward, a convicted felon and an inmate in a State Correctional Unit in Clarke County operated by the Virginia Department of Corrections, sustained a work-related injury in September 1990 in Warren County...

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