To the extent that Defendant now tries to extend Henderson to include private entities, the Court notes that a 1992 Virginia Supreme Court case forecloses such an interpretation. In Johnson v. Jefferson Nat'l Bank, 244 Va. 482, 422 S.E.2d 778 (1992), the Virginia Supreme Court stated that, when determining whether the defendant bank was a statutory employer, the Henderson "test is inapplicable here because the Bank is not a public entity." Johnson, 244 Va. at 485 n. 1, 422 S.E.2d at 780;see also Bowling v. Wellmore Coal Corp., 114 F.3d 458, 463 (4th Cir. 1997) ("The footnote in Johnson . . . simply indicates the court's decision not to apply to private owners the rules used to decide whether a public owner is a statutory employer.").