Legal Opinion

Lynch v. Lee

Court of Appeals of Virginia

Decided November 15, 1994No. 0047-94-4PublishedCited by 15 opinions

1Opinion of the Court

Opinion

FITZPATRICK, J.

Isaiah Lynch (claimant) appeals the commission’s decision excluding him from coverage under the agricultural exemption of the Workers’ Compensation Act. Code § 65.1-28 (now Code § 65.2-101 (B)(7)). Claimant argues the commission erred in finding that the Lee Partnership (employer) did not have the three full-time employees required for coverage under the Act. We affirm the commission and hold that the Act excludes claimant from coverage.

BACKGROUND

Claimant, a seasonal apple picker, injured his back in 1988 while picking apples for employer. Employer is a family farming…

2Cases cited9 opinions

  1. Burns v. Board of Sup'rs of Stafford CountySupreme Court of Virginia · 1984
  2. Cotman v. GreenCourt of Appeals of Virginia · 1987
  3. Baskerville v. Saunders Oil Co., Inc.Court of Appeals of Virginia · 1985
  4. Board of Supervisors of Henrico County v. MartinCourt of Appeals of Virginia · 1986
  5. COM., DEPT. OF MINES v. May Bros., Inc.Court of Appeals of Virginia · 1990

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3Cited by15 opinions

  1. Turf Care, Inc. v. HensonCourt of Appeals of Virginia · 2008
  2. Perry v. DelisleCourt of Appeals of Virginia · 2005
  3. Osborne v. FornerCourt of Appeals of Virginia · 2001
  4. Cousar v. Peoples Drug StoreCourt of Appeals of Virginia · 1998
  5. Metropolitan Washington Airports Authority v. LusbyCourt of Appeals of Virginia · 2003

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