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SMITH v. McMILLAN PERSONNEL SERVICE, INC.

Record No. 1797-05-4.

629 S.E.2d 707 (2006)

48 Va. App. 208

Jennifer R. SMITH v. McMILLAN PERSONNEL SERVICE, INC., Granite State Insurance Company, Pittman's Tree & Landscaping, Inc., American Interstate Insurance Co., Ryan's Hope, Ltd. d/b/a At Work Personnel and Reliance Insurance Company/Virginia Property and Casualty Insurance Guaranty Association.

Court of Appeals of Virginia, Alexandria.

May 16, 2006.

Attorney(s) appearing for the Case

Jerry O. Talton, for appellant.

Monica Taylor Monday (Gentry Locke Rakes & Moore, on brief), Roanoke, for appellees McMillan Personnel Services, Inc., and Granite State Insurance Company.

Michael L. Zimmerman (Siciliano, Ellis, Dyer & Boccarosse, PLC, on brief), Fairfax, for appellees Pittman's Tree & Landscaping, Inc. and American Interstate Insurance Co.

No brief or argument for appellees Ryan's Hope, Ltd. d/b/a At Work Personnel and Reliance Insurance Company/Virginia Property and Casualty Insurance Guaranty Association.

Present: BENTON and HALEY, JJ., and BUMGARDNER, Senior Judge.

JAMES W. BENTON, JR., Judge.

The Workers' Compensation Commission found that Jennifer R. Smith suffered an injury by accident while she was a special employee of Pittman's Tree & Landscaping, Inc., but her claim was barred by the statute of limitations. Smith contends the commission erred in ruling that McMillan Personnel Services, Inc., a labor broker that employed her and assigned her to work for Pittman, did not admit liability in its response to request for...

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