Answering the question before us "is not a simple, straightforward exercise," Henderson v. Central Tel. Co., 233 Va. 377, 382, 355 S.E.2d 596, 599 (1987) ; it "depends upon the facts and circumstances of the particular case [and] ‘does not readily yield to categorical or absolute standards.’ " Johnson v. Jefferson Nat'l Bank, 244 Va. 482, 485, 422 S.E.2d 778, 780 (1992) (quoting Bassett Furniture Indus., Inc. v. McReynolds, 216 Va. 897, 902, 224 S.E.2d 323, 326 (1976) ). The Act's exclusivity provision, Code § 65.2–307(A), mandates that the rights and remedies provided in the Act "exclude all other rights and remedies" of a covered employee or his beneficiaries for injuries sustained in the course of employment.
" 216 Va. at 903, 224 S.E.2d at 327.Johnson v. Jefferson National Bank, 244 Va. 482, 487, 422 S.E.2d 778, 780 (1992), is to the same effect, holding that employees of a painting contractor engaged to paint a bank building at great height and under unusual working conditions were not statutory employees of the bank because the bank's own maintenance employees did not do painting work under comparable conditions. See also Farish v. Courion Industries, Inc., 722 F.2d 74, 79-80 (4th Cir. 1983); Cinnamon v. International Business Machines Corp., 238 Va. 471, 479, 384 S.E.2d 618, 622 (1989); Oakwood Hebrew Cemetery Association v. Spurlock, No. 1978-91-2, slip op. at 7-10, 1992 WL 441851 (Va.App. Aug. 18, 1992).
"[I]t 'depends upon the facts and circumstances of the particular case [and] does not readily yield to categorical or absolute standards.'" Id. (quoting Johnson v. Jefferson Nat'l Bank, 244 Va. 482, 485, 422 S.E.2d 778, 780 (1992)).