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PERRY v. DELISLE

Record No. 0439-04-1.

605 S.E.2d 330 (2004)

44 Va. App. 415

Melvin G. PERRY v. Tom DELISLE, t/a R & T Construction and Uninsured Employers' Fund.

Court of Appeals of Virginia, Chesapeake.

November 30, 2004.

Attorney(s) appearing for the Case

Beverly Powell Leatherbury, for appellant.

Darlene P. Bradberry (Breeden, Salb, Beasley & DuVall, P.L.C., on brief), Norfolk, for appellee Tom Delisle, t/a R & T Construction.

William C. Walker (Taylor & Walker, P.C., on brief), Norfolk, for appellee Uninsured Employers' Fund.

Present: BENTON and HUMPHREYS, JJ., and COLEMAN, S.J.

BENTON, Judge.

The Workers' Compensation Commission ruled that Tom Delisle, trading as R & T Construction, sustained his burden of proving he regularly employs fewer than three people. Melvin G. Perry contends the commission erred in concluding that Delisle was not within the coverage of the Act and, therefore, in ruling Perry's injury by accident was not compensable. For the reasons that follow, we reverse the commission's decision.

I.

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