Smith v. Clark

By JUDGE ALBERT H. GRENADIER

The defendants have moved to dismiss this action on the ground that the claim is within the exclusive jurisdiction of the Industrial Commission under the provisions of the Workmen’s Compensation Act (§65.1 Va. Code) and that this court lacks subject matter jurisdiction. They argue that under the Act the plaintiff is a statutory employee of the defendant corporation and is barred from suing the defendants for negligence. They contend that whether the plaintiff is an employee or an independent contractor, if he is engaged in the same business, trade or occupation of…