Wagner Enterprises, Inc. v. Brooks

Opinion

KEENAN, J.

Wagner Enterprises and Assurance Company of America (Wagner) appeal from a decision in which the commission awarded compensation benefits and medical expenses to Mark R. Brooks. The commission found that since Wagner, the general contractor on the job site, had actual notice of Brooks’ injury, it was liable under Code § 65.1-30, 1 as a statutory employer, for payment of benefits to Brooks. At the same time, the commission found that Charles R. Seward, Brooks’ uninsured im mediate employer, and Ed Ellis Carpentry (Ellis), the insured subcontractor directly above Seward in the…