Uninsured Employer's Fund v. Mounts

In this workers’ compensation case, the sole issue at this stage of the appellate process is whether the Uninsured Employer’s Fund is liable for payment of compensation for a claimant’s occupational disease upon the ground that the claimant’s employer violated Code § 65.2-801(A)(l). The statute, a part of the Workers’ Compensation Act, requires every employer to “secure his liability thereunder” by “[i]nsuring and keeping insured his liability” under the Act.

Appellee Harold C. Mounts, the claimant, while working as a coal miner for appellee Greasy Creek Coal Company, the employer, suffered a…