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CREATIVE DESIGNS TATTOOING v. ESTATE OF PARRISH

Record Nos. 1431-09-2, 1925-09-2.

693 S.E.2d 303 (2010)

56 Va. App. 299

CREATIVE DESIGNS TATTOOING ASSOCIATES, INC. v. The ESTATE OF Earle Lindsey PARRISH, III. Uninsured Employer's Fund of Virginia v. The Estate of Earle Lindsey Parrish, III and Creative Designs Tattooing Associates, Inc.

Court of Appeals of Virginia, Richmond.

May 25, 2010.

Attorney(s) appearing for the Case

S. Vernon Priddy III (Mary Louise Kramer; Sands Anderson Marks & Miller, P.C., on briefs), Richmond, for Creative Designs Tattooing Associates, Inc.

Andrew R. Blair (Blair Law Offices, on brief), Richmond, for Uninsured Employer's Fund of Virginia.

Charlene A. Morring (Julie Roscoe Eckstein; Montagna Klein Camden, Norfolk, on brief), for The Estate of Earle Lindsey Parrish, III.

Present: ELDER, McCLANAHAN and HALEY, JJ.

HALEY, Judge.

In these consolidated cases, appellants, Creative Designs Tattooing Associates, Inc. ("Creative") and the Virginia Uninsured Employer's Fund ("Uninsured"), maintain the Workers' Compensation Commission erred, inter alia, in determining that Earle Lindsey Parrish, III ("Parrish") was an employee of Creative, rather than an independent contractor. We agree, and conclude that Parrish was an independent contractor and, accordingly, his estate is not...

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