Legal Opinion

Race Fork Coal Co. v. Turner

Supreme Court of Virginia

Decided April 21, 1989No. Record 880032PublishedCited by 10 opinions

1Opinion of the CourtWhiting, J.

In this appeal, we decide whether a “statutory” employer under the Virginia Workers’ Compensation Act, Code §§ 65.1-1 to -163 is constitutionally entitled to: (1) the statutorily required notice of an accident from the worker; and (2) be named as a party to the subsequent Industrial Commission proceeding in which the compensation award, which the statutory employer is now being required to pay, was made against the actual employer. Our decision turns on whether the statutory employer is in privity with the actual employer.

On April 12, 1984, while employed by Travis Coal, Inc. (Travis), Mack…

2Cases cited7 opinions

  1. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  2. Hansberry v. LeeSupreme Court of the United States · 1940
  3. Nero v. FerrisSupreme Court of Virginia · 1981
  4. Finkel Outdoor Products, Inc. v. BellSupreme Court of Virginia · 1965
  5. City of Roanoke v. James W. Michael's Bakery Corp.Supreme Court of Virginia · 1942

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3Cited by10 opinions

  1. Wagner Enterprises, Inc. v. BrooksCourt of Appeals of Virginia · 1991
  2. Warner v. GermanCourt of Special Appeals of Maryland · 1994
  3. Subsequent Injury Fund v. EhrmanCourt of Special Appeals of Maryland · 1992
  4. In Re Professional Coatings (N.A.), Inc.United States Bankruptcy Court, E.D. Virginia · 1997
  5. Chesapeake & Potomac Telephone Co. v. WilliamsCourt of Appeals of Virginia · 1990

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