Marshall Erdman and Associates, Inc. and Liberty Mutual Fire Insurance Company v. Edwin L. Loehr, Gregory L. Urso (Deceased) and Uninsured Employer's Fund

Summary

The Court of Appeals of Virginia ruled that Marshall Erdman and Associates, Inc. was liable for the injuries of Edwin L. Loehr, who was sent to work on a construction project in Williamsburg by his supervisor, Gregory L. Urso. The court found that Loehr reasonably relied on Urso's apparent authority as a Marshall Erdman supervisor and that Urso's actions did not constitute a loaned-employee arrangement. The court also affirmed the commission's decision to suspend Loehr's temporary total disability benefits as of November 23, 1995, due to lack of evidence supporting continued disability.

Holdings

1. Loehr remained an employee of Marshall Erdman because he reasonably relied on Urso's apparent authority as a Marshall Erdman supervisor, and the evidence supported the finding that the work at the Williamsburg residence arose out of and occurred in the course of his employment with Marshall Erdman.
2. The commission properly found that Loehr was not entitled to temporary total disability benefits after November 23, 1995 because the evidence did not establish continuing disability for that period.

Questions Presented

1. Whether Loehr remained an employee of Marshall Erdman, rather than becoming a loaned employee of Urso, when he was injured while working on Urso's private residence.
2. Whether the evidence supported the commission's suspension of temporary total disability benefits beginning November 23, 1995.

Disposition

affirmed