statutory employer doctrine (Virginia) · Go Syfert
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statutory employer doctrine in Virginia

6 Virginia opinions name it 4 courts 1992–2017 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Ford v. City of Richmondgreen
va · 1990 · cited in 2 Virginia opinions naming this issue, 1992–1993
2 sentences

1992Reversed and remanded. 1 As an alternative contention, the plaintiffs cite to Henderson v. Central Telephone Co., 233 Va. 377 , 355 S.E.2d 596 (1987), and to Ford v. City of Richmond, 239 Va. 664 , 391 S.E.2d 270 (1990), apparently invoking the statutory-employer rule applied in those cases to a public entity.

1992Reversed and remanded. 1 As an alternative contention, the plaintiffs cite to Henderson v. Central Telephone Co., 233 Va. 377 , 355 S.E.2d 596 (1987), and to Ford v. City of Richmond, 239 Va. 664 , 391 S.E.2d 270 (1990), apparently invoking the statutory-employer rule applied in those cases to a public entity.

12
Intermodal Services, Inc. v. Smithgreen
va · 1988 · cited in 1 Virginia opinions naming this issue, 2017–2017
2 sentences

2017The Commission relied on Intermodal Services, Inc. v. Smith, 234 Va. 596, 603 , 364 S.E.2d 221, 225 (1988), to determine that the statutory employer doctrine required the claimant to be an employee of an uninsured subcontractor, not the subcontractor himself.

2017The Commission relied on Intermodal Services, Inc. v. Smith, 234 Va. 596, 603 , 364 S.E.2d 221, 225 (1988), to determine that the statutory employer doctrine required the claimant to be an employee of an uninsured subcontractor, not the subcontractor himself.

11
Lynch v. Leegreen
vactapp · 1994 · cited in 1 Virginia opinions naming this issue, 2000–2000
2 sentences

2000Finally, ‘“[t]he construction afforded a statute by the public officials charged with its administration and enforcement is entitled to be given weight by a court.’ ” Lynch v. Lee, 19 Va.App. 230, 232 , 450 S.E.2d 391, 392 (1994) (citation omitted). *821 Here, the legislative, administrative and judicial history of Code § 65.2-600 clearly suggests that the legislature intended, by the amendment, that the potential responsibility of a statutory employer for a claim under the Act, absent timely notice of the related accident, be resolved upon considerations different from those enumerated in Cod

2000Finally, ‘“[t]he construction afforded a statute by the public officials charged with its administration and enforcement is entitled to be given weight by a court.’ ” Lynch v. Lee, 19 Va.App. 230, 232 , 450 S.E.2d 391, 392 (1994) (citation omitted). *821 Here, the legislative, administrative and judicial history of Code § 65.2-600 clearly suggests that the legislature intended, by the amendment, that the potential responsibility of a statutory employer for a claim under the Act, absent timely notice of the related accident, be resolved upon considerations different from those enumerated in Cod

11
Stiller v. Jefferson Corp.green
vaccalexandria · 1987 · cited in 1 Virginia opinions naming this issue, 1993–1993
1 sentence

1993See, Stiller v. Jefferson Corp., 10 Va. Cir. 145 (Alexandria 1987) (contractor’s employees performing routine janitorial services for hospital were statutory employees of the hospital).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Bassett Furniture Industries, Inc. v. McReynolds green
va · 1976
1 sentence

1997The statute was not intended to relieve employers from liability for their own negligence which causes injury to the employees of independent contractors engaged in the performance of work for employers outside the scope of the latter’s occupation.” Basset, supra, at 902 .

11997–1997
Holloway v. E. R. Carpenter Co. neutral
vaccrichmondcty · 1988
1 sentence

1993Moreover, the switch-out of the transformers is not a routine maintenance function akin to routine repairs of the electrical system or production facilities of Rubbermaid as the courts were confronted with in Ferguson and Holloway, supra. The work was not routine maintenance on the plant’s electrical system, which would be analogous to the routine janitorial cleaning services performed by a contractor for the owner which would bring such contractor’s employees within the umbrella of the statutory employer doctrine.

11993–1993
Henderson v. Central Tel. Co. of Virginia green
va · 1987
2 sentences

1992Reversed and remanded. 1 As an alternative contention, the plaintiffs cite to Henderson v. Central Telephone Co., 233 Va. 377 , 355 S.E.2d 596 (1987), and to Ford v. City of Richmond, 239 Va. 664 , 391 S.E.2d 270 (1990), apparently invoking the statutory-employer rule applied in those cases to a public entity.

1992Reversed and remanded. 1 As an alternative contention, the plaintiffs cite to Henderson v. Central Telephone Co., 233 Va. 377 , 355 S.E.2d 596 (1987), and to Ford v. City of Richmond, 239 Va. 664 , 391 S.E.2d 270 (1990), apparently invoking the statutory-employer rule applied in those cases to a public entity.

11992–1992

Statutes the citing opinions construe

VA § Va. Code Ann. § 65.2-302 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 56 (1970–2024) PA 39 (1981–2026) GA 6 (1984–2022) ID 6 (2007–2023) VA 6 (1992–2017) AZ 5 (1983–2019) TN 4 (2013–2024) NM 3 (1994–2008) FL 3 (1993–1997) VT 2 (2011–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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