B & H Construction, Inc. and Erie Insurance Exchange v. Harold J. Baker

COURT OF APPEALS OF VIRGINIA Present: Judges Benton, McClanahan and Senior Judge Coleman Argued at Richmond, Virginia B & H CONSTRUCTION, INC. AND ERIE INSURANCE EXCHANGE MEMORANDUM OPINION∗ BY v. Record No. 1205-05-2 JUDGE ELIZABETH A. McCLANAHAN APRIL 25, 2006 HAROLD J. BAKER FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION Ralph L. Whitt, Jr. (Michael P. Del Bueno; Whitt & Associates, on briefs), for appellants. R. Ferrell Newman (Thompson, Smithers, Newman & Wright, on brief), for appellee. B & H Construction, Inc. (“B & H”) and its insurer appeal a decision of the Workers’ Compensation…