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Craddock Moving Storage Co. v. Settles

Supreme Court of Virginia
Feb 25, 1994
247 Va. 165 (Va. 1994)

Opinion

49224 Record No. 930465

February 25, 1994

Present: All the Justices

Workers' Compensation — Employee Defined — Burden of Proof

The Court of Appeals correctly ruled that the Workers' Compensation Commission did not err in ruling that the claimant was an employee of the defendant and that the defendant had failed to carry his burden of producing evidence upon which the Commission could find that the employer employed less than three employees regularly in service in Virginia and that decision is affirmed for the reasons stated by the Court of Appeals.

Appeal from a decision of the Court of Appeals of Virginia.

Affirmed.

Benjamin J. Trichilo (Dawn E. Boyce; Lewis, Trichilo, Bancroft, McGavin Horvath, on briefs) for appellant.

Howard B. Ackerman, for appellee.


In this case, we granted the petition for appeal from the judgment of the Court of Appeals holding that the Workers' Compensation Commission did not err in ruling (1) that the claimant was an employee of the defendant and not an independent contractor, (2) that "once an employee proves that his or her injury occurred while employed in Virginia, an employer has the burden of producing sufficient evidence upon which the commission can find that the employer employed less than three employees regularly in service in Virginia," and (3) that the employer failed to carry this burden. Craddock Moving Storage Company v. Settles, 16 Va. App. 1, 427 S.E.2d 428 (1993).

We have considered the questions, and for the reasons stated in the opinion of the Court of Appeals, we will affirm the judgment below.

Affirmed.


Summaries of

Craddock Moving Storage Co. v. Settles

Supreme Court of Virginia
Feb 25, 1994
247 Va. 165 (Va. 1994)
Case details for

Craddock Moving Storage Co. v. Settles

Case Details

Full title:CRADDOCK MOVING STORAGE COMPANY, INC. v. JAMES SETTLES

Court:Supreme Court of Virginia

Date published: Feb 25, 1994

Citations

247 Va. 165 (Va. 1994)
440 S.E.2d 613

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