UNINSURED EMPLOYER'S FUND v. GABRIEL

Record No. 0893-05-4.

622 S.E.2d 273 (2005)

47 Va. App. 95

UNINSURED EMPLOYER'S FUND v. Ann GABRIEL (Decedent's Widow), Christopher Gabriel (Son) and James Gabriel (Son).

Court of Appeals of Virginia, Richmond.

November 29, 2005.


Attorney(s) appearing for the Case

Jimese Pendergraft Sherrill (Siciliano, Ellis, Dyer & Boccarosse PLC, on briefs), Fairfax, for appellant.

Kevin M. Colmey (Louis E. Dolan, Jr.; Nixon Peabody LLP, Washington, DC, on brief), for appellees.

Present: FITZPATRICK, C.J., and BENTON and BUMGARDNER, JJ.


BUMGARDNER, III, Judge.

The Uninsured Employer's Fund appeals the award of death benefits to the widow and sons of Richard Gabriel. The Fund contends the commission lacked jurisdiction, the worker's death did not arise out of his employment, and the failure of the decedent to obtain insurance for his company barred his recovery. Finding no error, we affirm.

The decedent was an employee of Stratin Consulting, Inc. and routinely traveled by air to meet with...

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