3072963 James G. Whitlock v Whitlock Mechanical/Check Svcs 09/02/1997

State: Virginia

Court: Fourth Circuit Court of Appeals Clerk

Docket No: 3072963

Case Date: 09/02/1997

Plaintiff: 3072963 James G. Whitlock

Defendant: Whitlock Mechanical/Check Svcs 09/02/1997

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COURT OF APPEALS OF VIRGINIA

Present:  Chief Judge Moon, Judges Fitzpatrick and Annunziata
Argued at Salem, Virginia

JAMES GRANT WHITLOCK
         OPINION BY
v.      Record No. 3072-96-3    JUDGE JOHANNA L. FITZPATRICK
                                         SEPTEMBER 2, 1997
WHITLOCK MECHANICAL/CHECK SERVICES, INC.
and PENNSYLVANIA MANUFACTURERS'
ASSOCIATION INSURANCE COMPANY

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION

  Rhonda L. Overstreet (Gary L. Lumsden; Lumsden & Overstreet, on brief), for appellant.

  Paul C. Kuhnel (Wooten & Hart, P.C., on brief), for appellees.


The issue in this appeal is whether James G. Whitlock (claimant) was, at the time of his injury, a sole proprietor who qualified as an "employee" and thus was entitled to workers' compensation benefits under Code

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