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Virginia Employee Leasing Case Law

Please find, below, selected case laws decided by Supreme Court of Virginia or Court of Appeals of Virginia where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Harrison v. Hartwick - 12/13/2005
Fern Harrison t/a H & S Builders appeals a decision of the Workers' Compensation Commission ruling that employer was subject to the commission's jurisdiction. Harrison contends it sustained its burden of proving it employed less...

Dynalectric Co. v. Saahir - 12/13/2005
Dynalectric Company and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that Tariq Saahir proved he sustained a compensable injury by accident on October 21, 2003....

American Red Cross v. Wallace - 12/13/2005
Present: Judges Bumgardner, Kelsey and Senior Judge Hodges MEMORANDUM OPINION American Red Cross appeals a decision of the Workers' Compensation Commission finding that Sandy J. Wallace proved she made a good faith and...

Virginia Polytechnic Institute & State University v. Posada - 12/13/2005
Present: Chief Judge Fitzpatrick, Judges Humphreys and Felton Argued at Salem, Virginia Virginia Polytechnic Institute ("employer") and Julio Posada ("claimant"), each appeal from an award of the Virginia Workers'...

Thompson v. International Cold Storage and Insurance Co. of the State of Pennsylvania - 12/6/2005
Roger William Thompson appeals a decision of the Workers' Compensation Commission finding that he failed to prove (1) he suffered from asthma; and (2) by clear and convincing evidence that he suffered from a compensable ordinary...

Ace Temporary Service v. Agurs - 12/6/2005
Ace Temporary Service and its insurer appeal a decision of the Workers' Compensation Commission finding that Edward Agurs, Jr. proved he sustained a compensable injury by accident arising out of and in the course of his employment on...

Hanscom v. Advance Auto Parts and Royal Insurance Co. - 11/29/2005
Present: Judge McClanahan, Senior Judges Coleman and Annunziata MEMORANDUM OPINION David Hanscom appeals a decision of the Workers' Compensation Commission finding that (1) he failed to prove he remained partially...

Uninsured Employer's Fund v. Gabriel - 11/29/2005
Present: Chief Judge Fitzpatrick, Judges Benton and Bumgardner Argued at Richmond, Virginia OPINION The Uninsured Employer's Fund appeals the award of death benefits to the widow and sons of Richard Gabriel. The...

Ashby v. Ramar Coal Co. - 11/22/2005
James Melvin Ashby (claimant) contends the Workers' Compensation Commission (commission) erred in finding his request for review was untimely under Rule 3.1 and Code § 65.2-705. The sole issue on appeal is whether the commission...

Gwaltney of Portsmouth v. Scales - 11/22/2005
Gwaltney of Portsmouth and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission awarding Anthony J. Scales (claimant) temporary total disability (TTD) benefits from October 10,...

K & K Repairs and Construction - 11/22/2005
The issue raised by this appeal is whether the Workers' Compensation Commission erred in finding that Jackie A. Endicott was entitled to a change in his treating physician. We affirm the commission's decision. I. The...

Brown v. Judy - 11/22/2005
Lorine and William Brown, d/b/a Lake Anna Elder Care, Inc. (employer) appeal a decision of the Workers' Compensation Commission finding that (1) employer failed to prove that Sherry Judy's (claimant) claim was barred by her willful...

Power v. Farr - 11/22/2005
Dominion Virginia Power appeals a decision of the Workers' Compensation Commission ruling that Clyde M. Farr proved that his July 1, 2002 injury by accident caused his right carpal tunnel syndrome. We have reviewed the record and the...

Ramada Plaza Resort v. Muise - 11/15/2005
Ramada Plaza Resort and its insurer appeal a decision of the Workers' Compensation Commission finding that Jackie A. Muise proved she injured her left hand and thumb as a result of an injury by accident arising out of and in the...

Gilliam v. Kramer Tire Co. - 11/15/2005
Carl Gilliam (claimant) appeals a decision of the Workers' Compensation Commission finding that Kramer Tire Company and its insurer were not responsible for the cost of unauthorized medical treatment provided to claimant by Drs....

Wheeler v. Virginia Panel Corp. - 11/8/2005
Evelee Wheeler, mother of Arthur Ronald Waldrop (decedent), appeals a decision of the Workers' Compensation Commission denying benefits on the basis that the evidence failed to establish a causal connection between the decedent's...

Hall v. Crabtree - 11/8/2005
Heritage Hall and its insurer appeal the award of benefits for a knee injury that Tina Crabtree sustained at work. The employer contends the worker's fall did not arise out of her employment. Finding no error, we affirm. On...

Butler v. Southern States Cooperative - 11/4/2005
In this appeal, the dispositive issue is whether the Circuit Court of Loudoun County (trial court) erred in sustaining special pleas in bar to a motion for judgment filed by an employee against her co-employee and employer on the...

Norfolk Admirals v. Jones - 11/1/2005
The Norfolk Admirals (employer) and Federal Insurance Company appeal a decision of the Workers' Compensation Commission awarding benefits to Ty A. Jones (claimant). Employer contends the commission erred in finding that: (1) claimant...

Virginia Birth-Related Neurological Injury Compensation Program v. Nguyen - 11/1/2005
The Virginia Birth-Related Neurological Injury Compensation Program appeals the amount awarded for attorneys' fees and expenses pursuant to Code § 38.2-5009. The Program contends the fees were unreasonable because the Workers'...

Genesys Conferencing - 11/1/2005
Genesys Conferencing, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission awarding benefits to William M. Harper (claimant). Employer contends the commission erred in...

Holt v. Greenbrier Realty Co. - 11/1/2005
Deborah Jean Holt (claimant) appeals a decision of the Workers' Compensation Commission finding that (1) her claim for knee and peroneal nerve injuries was time-barred by the statute of limitations contained in Code § 65.2-601; (2)...

Sosa v. Signature Series Construction - 10/25/2005
Jose Jesus Sosa appeals a decision of the Workers' Compensation Commission (1) finding that he failed to prove he sustained an injury by accident arising out of his employment on November 14, 2003; and (2) allowing witness Diane...

Aherron v. Times Fiber Communications - 10/25/2005
Ronald Wayne Aherron (claimant) appeals a decision of the Workers' Compensation Commission finding he failed to prove he made reasonable efforts to market his residual work capacity as of January 20, 2004 and continuing. On...

Lee School Board v. Coomer - 10/25/2005
Lee (County of) School Board and its insurer appeal a decision of the Workers' Compensation Commission finding that Carol Jean Coomer proved she made reasonable efforts to market her residual work capacity beginning December 1, 2003....

Doughty v. Car Store and Peninsula Insurance Co. - 10/25/2005
Gerald Ricky Doughty, claimant, appeals the commission's opinion that found claimant's total disability ended on November 24, 2003. He contends the medical evidence does not support such a finding. For the reasons stated, we affirm...

Zeledon v. GCR - 10/25/2005
Hugo Zeledon, appellant/claimant, appeals a decision by the Workers' Compensation Commission denying him benefits. Appellant claims the commission erred in finding: (1) claimant willfully violated a known safety rule; and (2)...

Waste Management Inc. v. Coles - 10/18/2005
Waste Management Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that (1) Arthur W. Coles (claimant) proved that his May 21, 2003 left elbow surgery was...

Wood v. Atlantic Coast Airlines - 10/18/2005
Gilbert Maurice Wood appeals a decision of the Workers' Compensation Commission, which ruled that Wood waived and abandoned his right to a review of the deputy commissioner's decision by failing to assign any specific errors to the...

Ford Motor Co. v. Favinger - 10/11/2005
Ford Motor Company (employer) appeals a decision of the Workers' Compensation Commission awarding William K. Favinger (claimant) temporary partial disability (TPD) benefits during certain periods of wage loss. Employer contends the...

Bayshore Roofing - 10/11/2005
Bayshore Roofing, Inc. and its insurer appeal a decision of the Workers' Compensation Commission ruling that Richard D. Belcher proved he sustained an injury by accident arising out of his employment on September 29, 2003. We have...

Gesalman v. Injury Compensation Program - 10/11/2005
VIRGINIA BIRTH-RELATED NEUROLOGICAL Claire M. Gesalman, mother of Daniel Martin Gesalman ("infant complainant"), appeals a decision of the Workers' Compensation Commission finding that a recruitment fee paid to an employment...

Clancy & Theys Construction Co. - 10/11/2005
Clancy & Theys Construction Company, Inc. and its insurer appeal a decision of the Workers' Compensation Commission finding that Marcus E. Adams proved he sustained an injury by accident arising out of and in the course of his...

Dickenson School Board v. Smith - 10/11/2005
Dickenson (County of) School Board and its insurer appeal a decision of the Workers' Compensation Commission finding that Benny E. Smith proved he adequately marketed his residual work capacity and awarding him temporary total...

Pecka v. Paychex - 10/11/2005
Candice Paige Pecka (claimant) appeals a decision of the Workers' Compensation Commission terminating her award of temporary total disability benefits effective July 15, 2004, based upon its findings that Paychex, Inc. proved it made...

Newberry v. Peebles Dep't Store - 10/11/2005
Appellant Debra L. Newberry ("Newberry") appeals a decision of the Virginia Workers' Compensation Commission ("commission") in which the commission found that her injury did not arise out of and in the course of her employment with...

Westminster at Lake Ridge v. Bocanegra - 10/4/2005
Westminster at Lake Ridge and its insurer appeal a decision of the Workers' Compensation Commission finding that Romona Bocanegra proved she sustained a cervical spine injury causally related to her compensable January 23, 2004...

Willis v. Goodyear Tire and Rubber Co. - 10/4/2005
Arrote T. Willis (claimant) appeals a decision of the Workers' Compensation Commission finding that he failed to prove he sustained a compensable injury by accident on June 27, 2002, but rather his condition was caused by...

Goodyear Tire & Rubber Co. v. Luck - 10/4/2005
The Goodyear Tire & Rubber Company and its insurer appeal a decision of the Workers' Compensation Commission finding that (1) Michael L. Luck (claimant) proved he sustained an injury by accident arising out of and in the course...

Anderson v. Virginia Beach School Board - 9/27/2005
Belinda L. Anderson (claimant) appeals a decision of the Workers' Compensation Commission finding that she failed to prove total disability after February 11, 2004, as a result of her compensable April 9, 2003 injury by accident....

Uninsured Employer's Fund v. Wilson - 9/20/2005
Present: Judges Elder, Kelsey and McClanahan Argued by teleconference OPINION The Uninsured Employer's Fund seeks a credit against medical benefits owed under the Virginia Workers' Compensation Act for payments made...

Safeway - 9/16/2005
The question in this appeal is whether the exclusivity provision of the Virginia Workers' Compensation Act (the Act), invalidates an express indemnification agreement between an employer and a third party. Because we answer that...

Cottrell v. DeRoyal Industries - 9/13/2005
Present: Judges Bumgardner, Kelsey and Senior Judge Hodges MEMORANDUM OPINION Robin M. Cottrell (claimant) appeals a decision of the Workers' Compensation Commission denying her benefits under the Workers' Compensation...

McDaniel v. Tyson Foods - 9/13/2005
Present: Judges Bumgardner, Kelsey and Senior Judge Hodges MEMORANDUM OPINION Roy LeJuene McDaniel appeals a decision of the Workers' Compensation Commission finding that his misrepresentations regarding his medical...

International Paper Co. v. Terry - 9/13/2005
Present: Judges Benton, Humphreys and Senior Judge Overton MEMORANDUM OPINION International Paper Company appeals a decision of the Workers' Compensation Commission that finds the Company failed to prove Keith A. Terry...

Daniel v. CTR Corp. - 9/13/2005
Present: Judges Bumgardner, Kelsey and Senior Judge Hodges MEMORANDUM OPINION Lloyd G. Daniel (Deceased), Frances Daniel (Widow), and the Estate of Lloyd G. Daniel (hereinafter collectively referred to as "claimants")...

AM Communications - 9/13/2005
Present: Judges Benton, Humphreys and Senior Judge Overton MEMORANDUM OPINION AM Communications, Inc. and its insurer appeal a decision of the Workers' Compensation Commission, which ruled that (1) the two-year statute of...

Wilson v. Goodyear Tire and Rubber Co. - 9/13/2005
Present: Judges Elder, Felton and Senior Judge Willis MEMORANDUM OPINION Frederick Douglas Wilson (claimant) appeals a decision of the Workers' Compensation Commission denying his Claim for Benefits. Claimant contends the...

Nabisco and American Protection Insurance Co. v. McDaniel - 8/30/2005
Present: Judges Benton, Humphreys and Senior Judge Overton MEMORANDUM OPINION Nabisco and its insurer appeal a decision of the Workers' Compensation Commission awarding Gloria Turner McDaniel compensation for her left...

Leuthner v. Cigna Property & Casualty Insurance Co. - 8/30/2005
Present: Judges Elder, Kelsey and McClanahan Argued at Alexandria, Virginia MEMORANDUM OPINION Carlos Luethner appeals a denial of workers' compensation benefits for pain and numbness in his hands, an allegedly...

Home Depot USA - 8/23/2005
Present: Judges Frank, Clements and Haley MEMORANDUM OPINION Home Depot USA, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that Michael J....

Murray v. Fairfax County School Board - 8/16/2005
Lisa M. Murray (claimant) appeals a decision of the Workers' Compensation Commission affirming the deputy commissioner's findings that (1) she failed to prove she sustained a compensable injury by accident, occupational disease, or...

Honeywell Corp. v. Swiney - 8/9/2005
Honeywell Corporation and its insurer appeal a decision of the Workers' Compensation Commission finding that William H. Swiney, Jr. proved he adequately marketed his residual work capacity beginning August 5, 2003. We have reviewed...

Uninsured Employer's Fund v. Duffner - 8/2/2005
Cheryl Duffner suffered a compensable injury in 1978 while working for Montgomery Ward & Company and received an award for lifetime benefits. Montgomery Ward, a self-insured employer, was declared bankrupt in 2000. Upon Duffner's...

Webb v. Ruan Transport Management Systems - 7/26/2005
Elden Dale Webb, Jr. appeals a decision of the Workers' Compensation Commission finding that he failed to prove he sustained an injury by accident arising out of his employment on September 13, 2003. Upon the parties' waiver of oral...

Toney v. Sandy's Plants - 7/19/2005
Frances W. Toney appeals a decision of the Workers' Compensation Commission finding she failed to prove that her "multiple chemical exposure" constituted a compensable occupational disease or a compensable ordinary disease of life....

Goodyear Tire & Rubber Co. v. Moore - 7/12/2005
The Goodyear Tire & Rubber Company and its insurer appeal a decision of the Workers' Compensation Commission and contend the commission erred as a matter of law in finding that Arnold J. Moore, Jr. proved the surgical...

Tate v. United Parcel Service - 7/12/2005
Claim No. 198-42-59 Upon a Rehearing En Banc Before Chief Judge Fitzpatrick, Judges Benton, Elder, Bumgardner, Frank, Humphreys, Clements, Felton, Kelsey, McClanahan and Haley By memorandum opinion dated August 10,...

Uninsured Employer's Fund v. Mendes - 7/5/2005
The Uninsured Employer's Fund ("the Fund") appeals a decision of the Workers' Compensation Commission finding that Joseph C. Mendes proved he (1) cured his previous unjustified refusal of vocational rehabilitation services; (2) made...

Campbell Gibbons & Associates - 7/5/2005
Campbell Gibbons & Associates, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that Larry Young (claimant) proved his September 11, 2003 injury by...

Barlow v. Winkelman - 6/28/2005
Clinton C. Barlow (claimant) appeals a decision of the Workers' Compensation Commission finding that (1) the commission lacked jurisdiction to consider claimant's July 30, 2004 letter filed on August 2, 2004, because it did not...

Dash v. Coalfield Services - 6/21/2005
Jimmy Ralph Dash, Jr. appeals a decision of the Workers' Compensation Commission finding that the applicable statute of limitations barred his March 13, 2003 claim seeking an award of permanent total disability benefits pursuant to...

Commonwealth - 6/7/2005
The Department of Professional Regulation's Real Estate Board imposed sanctions on real estate agents Jamie W. Lancaster and Christina L. Lancaster for three violations that occurred during their representations of Alice Mann in real...

Virginia Linen Service v. Wise - 6/7/2005
Virginia Linen Service and Liberty Mutual Insurance Company, appellants, contend the Workers' Compensation Commission erred in finding: (1) Virginia Code § 65.2-306 did not bar claimant's recovery; (2) claimant's injury and death...

Nelson County Schools v. Woodson - 5/31/2005
Appellants Nelson County Schools and CompManagement, Inc. (collectively, "employer") appeal from a decision of the Workers' Compensation Commission awarding medical benefits to appellee Brenda Ann Woodson ("Woodson") pursuant to Code...

Scott v. Consolidated Coin Caterers Corp. - 5/31/2005
Roy Hueston Scott, Jr. (claimant) appeals a decision of the Workers' Compensation Commission finding no evidence that Consolidated Coin Caterers Corporation and its insurer engaged in unlawful medical management of claimant's case....

Tidewater Staffing - 5/24/2005
Tidewater Staffing, Inc. and its insurer appeal a decision of the Workers' Compensation Commission calculating Victoria Cook's pre-injury average weekly wage as $750. We have reviewed the record and find no reversible error....

Mercer v. Support Services of Virginia - 5/24/2005
Jacqueline L. Palmer Mercer (claimant) appeals a decision of the Workers' Compensation Commission denying her claim seeking an award of additional wage loss compensation and payment of certain medical bills. The commission found that...

Thomas v. Siemens Automotive - 5/17/2005
Darlene Mishell Thomas (claimant) appeals a decision of the Workers' Compensation Commission affirming the deputy commissioner's credibility determinations and finding that claimant was terminated from selective employment for...

Labcorp of America v. Bey - 5/10/2005
Labcorp of America and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that Kathy C. Bey proved she sustained a head injury, post-traumatic stress syndrome, and...

Boston Concrete Products and Employers Insurance of Wausau v. Estate of Wilkerson - 5/10/2005
Boston Concrete Products and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission refusing to terminate or suspend the outstanding award of death benefits in favor of Sandra O....

Truland Systems Corp. v. Bailey - 5/10/2005
Truland Systems Corporation and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that employer failed to prove that Richard L. Bailey was terminated for justified...

Cura Group - 5/10/2005
Appellant The Cura Group, Inc. ("Cura") appeals the Virginia Workers' Compensation Commission's assessment of thirty-four separate fines against Cura based on its failure to appear at a show cause hearing. Cura contends that the...

Pruden v. Plasser American Corp. - 5/10/2005
Appellant Vernon Lee Pruden (claimant) appeals the decision of the Workers' Compensation Commission reducing his award for disability compensation for the permanent partial loss of use of his right arm by the amount of disability...

Davenport v. Summit Contractors - 5/3/2005
Argued at Richmond, Virginia OPINION The Virginia Occupational and Safety Health Program (VOSH) issued civil penalty citations to Summit Contractors, Inc., alleging violations of the Virginia Occupational Safety and...

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