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WOOD PRODUCTS OF VIRGINIA v. JAMES

Record No. 1191-94-4.

455 S.E.2d 722 (1995)

20 Va. App. 116

WOOD PRODUCTS OF VIRGINIA v. Thomas JAMES, Jr., Augusta Lumber and Supply, Inc. and Uninsured Employers' Fund.

Court of Appeals of Virginia, Alexandria.

April 4, 1995.

Attorney(s) appearing for the Case

William C. Walker, Norfolk (Donna White Kearney, Taylor & Walker, P.C., on brief), for appellant.

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

No brief or argument for appellees Augusta Lumber and Supply, Inc. and Uninsured Employers' Fund.

Present: BARROW, KOONTZ and FITZPATRICK, JJ.

FITZPATRICK, Judge.

In this workers' compensation case, Wood Products of Virginia (Wood Products)1 appeals the commission's decision awarding benefits to Thomas James, Jr. (claimant). Wood Products argues that the commission erred in: (1) including claimant's independent contractor earnings when calculating his average weekly wage, and (2) finding that claimant's independent contractor work was similar to his employment with Augusta Lumber...

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