Whitlock v. Whitlock Mechanical/Check Services, Inc.

FITZPATRICK, Judge.

The issue in this appeal is whether James G. Whitlock (claimant) was, at the time of his injury, a sole proprietor who qualified as an “employee” and thus was entitled to workers’ compensation benefits under Code § 65.2-101(l)(n). Claimant argues that the Workers’ Compensation Commission erred in finding that he was an independent contractor who failed to properly elect coverage pursuant to Code §§ 65.2-305 and 65.2-101(l)(n) and that he was not entitled to benefits as a sole proprietor under these code sections. For the reasons that follow, we find no error and affirm the…