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F. RICHARD WILTON, JR., INC. v. GIBSON

Record No. 2314-95-3.

471 S.E.2d 832 (1996)

22 Va. App. 606

F. RICHARD WILTON, JR., INC. v. Roger Allen GIBSON, Gary C. Conley and Uninsured Employers' Fund.

Court of Appeals of Virginia, Salem.

June 18, 1996.

Attorney(s) appearing for the Case

Rodney A. Satterwhite, Richmond (Pamela L. Ventura; McGuire, Woods, Battle & Boothe, on briefs), for appellant.

Rhonda Overstreet, Forest (Gary L. Lumsden; Lumsden & Overstreet, on brief), for appellee Roger Allen Gibson.

Christopher D. Eib, Assistant Attorney General (James S. Gilmore, III, Attorney General; Richard L. Walton, Jr., Senior Assistant Attorney General; John J. Beall, Jr., Senior Assistant Attorney General, on brief), for appellee Uninsured Employers' Fund.

No brief or argument for appellee Gary C. Conley.

Present: WILLIS, FITZPATRICK and OVERTON, JJ.

FITZPATRICK, Judge.

In this workers' compensation case, F. Richard Wilton, Jr., Inc. (Wilton) appeals the commission's decision awarding benefits to Roger Allen Gibson (claimant). Wilton argues that the commission erred in finding that Wilton was claimant's statutory employer under Code § 65.2-302. Finding no error, we affirm the commission.

Wilton, a drywall contractor, handles both interior and exterior drywall work. In March 1994, Century Construction...

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