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OSBORNE v. FORNER

Record No. 2434-00-4.

548 S.E.2d 270 (2001)

36 Va. App. 91

John OSBORNE v. Robert FORNER t/a Brush of Class and Uninsured Employer's Fund.

Court of Appeals of Virginia, Alexandria.

July 3, 2001.

Attorney(s) appearing for the Case

Julie H. Heiden (Koonz, McKenney, Johnson, Depaolis & Lightfoot, on brief), Falls Church, for appellant.

James R. Ryan (Susan A. Evans; Siciliano, Ellis, Dyer & Boccarosse, Fairfax, on brief), for appellee Robert Forner t/a Brush of Class.

Paul S. Stahl, Assistant Attorney General (Mark L. Earley, Attorney General; John J. Beall, Jr., Senior Assistant Attorney General, on brief), for appellee Uninsured Employer's Fund.

Present: ANNUNZIATA, BUMGARDNER and CLEMENTS, JJ.

ANNUNZIATA, Judge.

The appellant, John Osborne, appeals a decision by the Workers' Compensation Commission finding that the employer, Robert Forner, t/a Brush of Class, did not regularly employ three or more employees and was, therefore, not subject to the Workers' Compensation Act. For the following reasons, we affirm.

BACKGROUND

Osborne was injured on November 4, 1997 while working for Robert Forner. Forner, a sole proprietor, works as a...

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