MOUNT VERNON BUILDERS, INC. v. ROTTY

Record No. 0417-98-4.

507 S.E.2d 95 (1998)

28 Va. App. 511

MOUNT VERNON BUILDERS, INC. and Continental Casualty Company v. Brian Eric ROTTY.

Court of Appeals of Virginia, Alexandria.

December 1, 1998.


Attorney(s) appearing for the Case

Iris W. Redmond (Scott C. Ford; Midkiff & Hiner, P.C., on brief), Richmond, for appellants.

Christopher M. Day, Assistant Attorney General (Mark L. Earley, Attorney General), for Uninsured Employer's Fund.

John B. Delaney (Delaney, McCarthy, Colton & Botzin, P.C., on brief), Alexandria, for appellee.

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


WILLIS, Judge.

On appeal from a decision of the Workers' Compensation Commission awarding benefits to Brian Rotty, Mount Vernon Builders, Inc. (Mount Vernon) contends that the commission erred: (1) in holding that Rotty was not an independent contractor; (2) in holding that Mount Vernon was Rotty's statutory employer; and (3) in calculating Rotty's "average weekly wage" to be $450. We affirm the commission's decision on the first two issues. On the issue of Rotty...

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