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UNINSURED EMPLOYER'S FUND v. EDWARDS

Record No. 2476-99-1.

531 S.E.2d 35 (2000)

32 Va. App. 814

UNINSURED EMPLOYER'S FUND v. Michael L. EDWARDS, Jim Doyan and C. Lewis Waltrip, II, Inc./Jamestown Building Corporation.

Court of Appeals of Virginia, Chesapeake.

July 18, 2000.

Attorney(s) appearing for the Case

Amy C. Stallings, Assistant Attorney General (Mark L. Earley, Attorney General; John J. Beall, Jr., Senior Assistant Attorney General, on brief), for appellant.

Richard E. Garriott, Jr., (Robert A. Rapaport, Norfolk; Clark, Dolph, Rapaport, Hardy & Hull, P.L.C., on brief), for appellees C. Lewis Waltrip, II, Inc./Jamestown Building Corporation.

No brief or argument for appellees Michael L. Edwards and Jim Doyan.

Present: COLEMAN, BRAY and BUMGARDNER, JJ.

BRAY, Judge.

The Uninsured Employer's Fund (the Fund) appeals the decision of the Workers' Compensation Commission (commission) relieving the statutory employer, C. Lewis Waltrip, II, Inc/Jamestown Building Corporation (Waltrip), of responsibility for benefits due Michael L. Edwards (claimant) pursuant to the Workers' Compensation Act (the Act). Relying upon the provisions of Code § 65.2-600(A), the commission found Waltrip insulated from liability, absent both...

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