Legal Opinion

Perry v. Delisle

Court of Appeals of Virginia

Decided July 12, 2005No. 0439041PublishedCited by 20 opinions

Benton, J., filed a dissenting opinion in which Elder and Clements, JJ., joined.

1Opinion of the Court

UPON REHEARING EN BANC

ROBERT J. HUMPHREYS, Judge.

This matter comes before the Court on a rehearing en banc following the issuance of a divided panel opinion of this Court. Appellant Melvin G. Perry (“Perry”) appeals a ruling from the Virginia Workers’ Compensation Commission in which the commission held that appellee Tom Delisle (“Delisle”) sustained his burden of proving that his business has regularly in service less than three employees and, as a result, is not subject to the provisions of the Virginia Workers’ Compensation Act. Because credible evidence in the record supports the…

2Cases cited16 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Morris v. Badger Powhatan/Figgie International, Inc.Court of Appeals of Virginia · 1986
  3. United States v. Lee Ronald StevensonCourt of Appeals for the Fourth Circuit · 2005
  4. Celanese Fibers Co. v. JohnsonSupreme Court of Virginia · 1985
  5. Westmoreland Coal Co. v. CampbellCourt of Appeals of Virginia · 1988

11 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Hoffman v. CarterCourt of Appeals of Virginia · 2007
  2. City of Waynesboro v. GriffinCourt of Appeals of Virginia · 2008
  3. Clifton v. Clifton Cable Contracting, L.L.C.Court of Appeals of Virginia · 2009
  4. GREEN HAND NURSERY, INC. v. LovelessCourt of Appeals of Virginia · 2009
  5. Virginia Tree Harvesters, Inc. v. George W. SheltonCourt of Appeals of Virginia · 2013

15 more not listed; retrieve them via the Exa API.

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