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HOFFMAN v. CARTER

Record Nos. 2828-06-2, 2839-06-2.

648 S.E.2d 318 (2007)

50 Va. App. 199

Aaron A. HOFFMAN, t/a Hoffman Construction Company v. James Milton CARTER, Jr. Uninsured Employer's Fund v. James Milton Carter, Jr.

Court of Appeals of Virginia, Richmond.

August 14, 2007.

Attorney(s) appearing for the Case

Irving M. Blank (ParisBlank LLP, on brief), Richmond, for appellant Aaron A. Hoffman, t/a Hoffman Construction Company.

Kathryn Spruill Lingle (Midkiff, Muncie & Ross, P.C., on brief), Richmond, for appellant Uninsured Employer's Fund.

Jamie L. Karek (Geoffrey R. McDonald & Associates, P.C., on briefs), Richmond, for appellee.

Present HUMPHREYS, CLEMENTS and McCLANAHAN, JJ.

HUMPHREYS,

In these consolidated appeals, Aaron A. Hoffman, t/a Hoffman Construction Company ("Hoffman"), and the Uninsured Employer's Fund ("the Fund") appeal the Virginia Workers' Compensation Commission's award of temporary total disability benefits to James M. Carter, Jr. ("Carter"). Hoffman and the Fund argue that (1) Hoffman is not subject to the Virginia Workers' Compensation Act ("the Act") because it regularly employs fewer than three employees, (2) Carter...

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