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UNINSURED EMPLOYER'S FUND v. CLARK

Record No. 1249-97-2.

494 S.E.2d 474 (1998)

26 Va. App. 277

UNINSURED EMPLOYER'S FUND v. Ronald CLARK and Independent Replacement Services.

Court of Appeals of Virginia, Richmond.

January 6, 1998.

Attorney(s) appearing for the Case

Christopher D. Eib, Assistant Attorney General (Richard Cullen, Attorney General; Richard L. Walton, Jr., Senior Assistant Attorney General; John J. Beall, Jr., Senior Assistant Attorney General, on brief), for appellant.

No brief or argument for appellees.

Present: BENTON, WILLIS and ANNUNZIATA, JJ.

WILLIS, Judge.

On appeal from a decision of the Workers' Compensation Commission awarding benefits to Ronald Clark, the Uninsured Employer's Fund (the Fund) contends that the commission erred: (1) in ruling that Clark was not an independent contractor; (2) in holding Independent Replacement Services (IRS) liable for injuries sustained during work not performed as part of its trade or business; (3) in assuming jurisdiction of the claim; and (4) in awarding Clark temporary...

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