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MARK FIVE CONST. CO., INC. v. GONZALEZ

Record No. 0865-03-4.

590 S.E.2d 81 (2003)

42 Va. App. 59

MARK FIVE CONSTRUCTION COMPANY, INC. v. Daniel GONZALEZ.

Court of Appeals of Virginia, Alexandria.

December 30, 2003.

Attorney(s) appearing for the Case

Daniel E. Lynch (John T. Cornett, Jr., Richmond; Williams & Lynch, P.C., on briefs), for appellant.

James E. Swiger (Swiger & Cay, on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON and CLEMENTS, JJ.

BENTON, Judge.

The sole issue raised by this appeal is whether the Workers' Compensation Commission erred in finding that Mark Five Construction Company, Inc. had three or more employees regularly in service in Virginia. We hold that the commission did not err, and we affirm the award.

I.

Daniel Gonzalez suffered an injury by accident while working on a residential reconstruction project in Oakton, Virginia. At the time of his injury, he was an employee...

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