Uninsured Employer's Fund v. Gabriel

Summary

The Supreme Court of Virginia held that the Workers' Compensation Commission lacked jurisdiction over a claim arising from Richard Gabriel's death because his employer did not have three employees regularly in service in Virginia as required by Code § 65.2-101. The court rejected the Commission's presumption that a corporate officer is regularly in service in Virginia and concluded that the evidence did not establish that the company's Massachusetts-based officer met that requirement. The court reversed the Court of Appeals in part, vacated the remainder, and entered final judgment for the Uninsured Employer's Fund.

Holdings

1. Virginia law does not presume that a corporate director or officer is regularly in service in Virginia solely because of the person's corporate position.
2. The evidence did not establish that Stratin had three employees regularly in service in Virginia; therefore, the Commission lacked subject-matter jurisdiction over the claim.
3. The Supreme Court and Court of Appeals had jurisdiction only to determine whether the Commission had subject-matter jurisdiction; once the Commission was found to lack jurisdiction, the courts could reverse the jurisdictional ruling and vacate the remaining judgment.

Questions Presented

1. Whether the Virginia Workers' Compensation Commission had subject-matter jurisdiction under Code § 65.2-101 when Stratin had fewer than three employees regularly in service in Virginia.
2. Whether the Commission could presume that Stratin's corporate officer, Edward Preble, was regularly in service in Virginia merely because he held office in a Virginia corporation.
3. Whether the evidence supported a finding that Preble was regularly in service in Virginia.
4. Whether the Court of Appeals had jurisdiction to review the Commission's decision after the Commission determined that Gabriel's death arose out of his employment.

Disposition

reversed