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PURVIS v. PORTER CABS, INC.

Record No. 3241-01-1.

568 S.E.2d 424 (2002)

38 Va. App. 760

Deloris PURVIS and Priscilla Purvis, Statutory Beneficiaries of Johnny Stanley (Deceased), v. PORTER CABS, INC. and Continental Casualty Company.

Court of Appeals of Virginia, Chesapeake.

August 27, 2002.

Attorney(s) appearing for the Case

Robert J. Macbeth, Jr. (Rutter, Walsh, Mills & Rutter, L.L.P., on briefs), Norfolk, for appellants.

Warren H. Britt (Warren H. Britt, P.C., on brief), for appellee Continental Casualty Company.

(Allen Lotz; Huff, Poole & Mahoney, P.C., on brief), Chesterfield, for appellee Porter Cabs, Inc. Appellee Porter Cabs, Inc. submitting on brief.

Present: FITZPATRICK, C.J., and ANNUNZIATA, J., and OVERTON, Senior Judge.

FITZPATRICK, Chief Judge.

Deloris Purvis (claimant), contends the Workers' Compensation Commission (commission) erred in finding that Johnny Stanley (Stanley), her boyfriend of twenty-five years and the father of her child, was not an employee of Porter Cabs, Inc. (Porter) under Code § 65.2-101. For the reasons that follow, we reverse and remand for an award of compensation consistent with this opinion.

I. FACTS

We view the evidence in the light...

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