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MARSHALL ERDMAN & ASSOCIATES v. LOEHR

Record Nos. 2549-96-2, 2586-96-2.

485 S.E.2d 145 (1997)

24 Va. App. 670

MARSHALL ERDMAN AND ASSOCIATES, INC. and Liberty Mutual Fire Insurance Company v. Edwin L. LOEHR, Gregory L. Urso (Deceased) and Uninsured Employer's Fund. Edwin L. LOEHR v. MARSHALL ERDMAN AND ASSOCIATES, INC., Liberty Mutual Fire Insurance Company, Gregory L. Urso (Deceased) and Uninsured Employer's Fund.

Court of Appeals of Virginia, Richmond.

May 13, 1997.

Attorney(s) appearing for the Case

Roger L. Williams (Vasiliki Moudilos; Williams & Lynch, on briefs), Richmond, for Marshall Erdman and Associates, Inc. and Liberty Mutual Fire Insurance Company.

Andrew J. Reinhardt (Kerns, Kastenbaum & Reinhardt, on briefs), Richmond, for Edwin L. Loehr.

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 briefs), for Uninsured Employer's Fund.

No brief or argument for Gregory L. Urso (Deceased).

Present: MOON, C.J., COLEMAN, J., and COLE, Senior Judge.

MOON, Chief Judge.

Marshall Erdman and Associates, Inc. and Liberty Mutual Fire Insurance Company appeal the decision of the Workers' Compensation Commission finding that injuries sustained by Edwin L. Loehr arose out of and in the course of his employment with Marshall Erdman. Marshall Erdman contends that Loehr was an employee of Gregory L. Urso at the time of his injuries and that accordingly, the commission erred in holding it liable for Loehr's claims.

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