SW Legal Educational Publishing

Partners Not Employees for Purpose of Workers' Compensation
Description A partner in a partnership that has no employees is not an employee who must be covered by workers' compensation under the terms of the SW Legal Virginia statute.
Topic Employment Law
Key Words Workers Compensation, Partnerships
C A S E   S U M M A R Y
Facts Rader was one of two partners in a partnership that did painting work. The partnership had no employees. Rader was injured when he fell from a ladder while working. He filed for coverage of his medical expenses with his wife's health insurance carriers. She had listed him as a dependent on her employer's policy. Her employer contended that Rader was excluded from coverage because his partnership should have provided workers' compensation benefits. The federal court certified a question to the SW Legal Virginia high court if the partnership was required to contribute to the workers' compensation fund.
Decision A partnership that does not employ anyone other than the members of the partnership is not an employer within the meaning of the SW Legal Virginia workers' compensation statute. Hence, it is not required to furnish contributions to the fund on behalf of the members of the partnership.
Citation Rader v. Am. Assn. Of Christian Schools, -S.E.2d- (1998 WL 331549, Sup. Ct. App., W. Va.)
or
506 S. E. 2d 794 (Sup. Ct., W. Va. 1998)

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