The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor.
Case: Pineda v. Dante Siding LLC, No. 1561-23-1, 07/30/2024, unpublished.
Facts: Wilmer Pineda worked for Samuel Salinas, the proprietor of Dante Siding LLC. He fell from a scaffold in October 2021 and filed a claim for workers’ compensation benefits.
Salinas contested the claim, asserting that Pineda was an independent contractor, not an employee.
The evidence demonstrated that Pineda worked for Salinas regularly — ...
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