440 SE2D 613 - CRADDOCK MOVING & STORAGE COM. INC. v. Settles

How this case has been cited

Cited by 17 later decisions — most recently June 2012

17 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Benjamin J. Trichilo, Fairfax (Dawn E. Boyce, Lewis, Trichilo, Bancroft, McGavin & Horvath, on briefs), for appellant.

¶2Howard B. Ackerman, Arlington, for appellee.

¶3Present: All the Justices.

¶4PER CURIAM.

¶5In 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).

¶6We have considered the questions, and for the reasons stated in the opinion of the Court of Appeals, we will affirm the judgment below.

¶7Affirmed.