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TWENTY-FIRST CENT. CONCRETE v. GIACCHINA

Record Nos. 1621-94-4, 1645-94-4.

457 S.E.2d 379 (1995)

20 Va. App. 326

TWENTY-FIRST CENTURY CONCRETE, INC. and American Reliance Insurance Company v. Vincent GIACCHINA, Homes by Vincent, Inc. and Assurance Company of America. Vincent GIACCHINA v. TWENTY-FIRST CENTURY CONCRETE, INC., American Reliance Insurance Company, Homes By Vincent, Inc. and Assurance Company of America.

Court of Appeals of Virginia, Alexandria.

May 16, 1995.

Attorney(s) appearing for the Case

Cathie Howard, Richmond (Richard A. Hobson, Williams & Pierce, on brief), for appellants/cross-appellees Twenty-First Century Concrete, Inc. and American Reliance Ins. Co.

T. Chappell Aldridge, Arlington, for appellee/cross-appellant Vincent Giacchina.

P. Dawn Bishop, Richmond (Sands, Anderson, Marks & Miller, on brief), for appellees/cross-appellees Homes By Vincent, Inc. and Assurance Co. of America.

Present: BARROW, KOONTZ and FITZPATRICK, JJ.

FITZPATRICK, Judge.

On appeal, Twenty-First Century Concrete, Inc. (Twenty-First) contends that the commission erred in finding Vincent Giacchina (claimant) to be in the joint service of both Twenty-First and Homes by Vincent, Inc. (Homes) at the time of the injury. As cross-error, claimant argues that the commission erred in denying his application for temporary total disability benefits under Code § 65.2-500 because he failed to prove actual wage loss and a...

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