WHITLOCK v. WHITLOCK MECHANICAL

Record No. 3072-96-3.

489 S.E.2d 687 (1997)

25 Va. App. 470

James Grant WHITLOCK v. WHITLOCK MECHANICAL/CHECK SERVICES, INC. and Pennsylvania Manufacturers' Association Insurance Company.

Court of Appeals of Virginia, Salem.

September 2, 1997.


Attorney(s) appearing for the Case

Rhonda L. Overstreet, Roanoke (Gary L. Lumsden; Lumsden & Overstreet, on brief), for appellant.

Paul C. Kuhnel, Roanoke (Wooten & Hart, P.C., on brief), for appellees.

Present: MOON, C.J., and FITZPATRICK and ANNUNZIATA, JJ.


FITZPATRICK, Judge.

The issue in this appeal is whether James G. Whitlock (claimant) was, at the time of his injury, a sole proprietor who qualified as an "employee" and thus was entitled to workers' compensation benefits under Code § 65.2-101(1)(n). Claimant argues that the Workers' Compensation Commission erred in finding that he was an independent contractor who failed to properly elect coverage pursuant to Code §§ 65.2-305 and 65.2-101(1)(n) and...

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