                                 CODE OF VIRGINIA

STATUTORY EMPLOYER (§ 65.2-302)

A. When any person (referred to in this section as &#8220;owner&#8221;)
undertakes to perform or execute any work which is a part of his trade, business
or occupation and contracts with any other person (referred to in this section
as &#8220;subcontractor&#8221;) for the execution or performance by or under
such subcontractor of the whole or any part of the work undertaken by such
owner, the owner shall be liable to pay to any worker employed in the work any
compensation under this title which he would have been liable to pay if the
worker had been immediately employed by him.

B. When any person (referred to in this section as &#8220;contractor&#8221;)
contracts to perform or execute any work for another person which work or
undertaking is not a part of the trade, business or occupation of such other
person and contracts with any other person (referred to in this section as
&#8220;subcontractor&#8221;) for the execution or performance by or under the
subcontractor of the whole or any part of the work undertaken by such
contractor, then the contractor shall be liable to pay to any worker employed in
the work any compensation under this title which he would have been liable to
pay if that worker had been immediately employed by him.

C. When the subcontractor in turn contracts with still another person (also
referred to as &#8220;subcontractor&#8221;) for the performance or execution by
or under such last subcontractor of the whole or any part of the work undertaken
by the first subcontractor, then the liability of the owner or contractor shall
be the same as the liability imposed by subsections A and B of this section.

D. 1. Liability for compensation pursuant to this section may not be imposed
against any person who, at the time of an injury sustained by a worker engaged
in the maintenance or repair of real property managed by such person, and for
which injury compensation is sought:
			a. Was engaged in the business of property management on behalf of the owners
of such property and was acting merely as an agent of the owner;
			b. Did not engage in and had no employees engaged in the same trade, business
or occupation as the worker seeking compensation; and
			c. Did not seek or obtain from such property&#8217;s owners, or from any
other property owners for whom such person rendered property management
services, profit from the services performed by individuals engaged in the same
trade, business or occupation as the worker seeking compensation.

   2. For purposes of this subsection, &#8220;the business of property
   management&#8221; means the oversight, supervision, and care of real property
   or improvements to real property, on behalf of such property&#8217;s owners.

   3. For purposes of this subsection, &#8220;property owners&#8221; or
   &#8220;property&#8217;s owners&#8221; means (i) owners in fee of such property
   or (ii) persons having legal entitlement to the use or occupation of such
   property at the time of the injury for which liability is sought to be imposed
   pursuant to this section.

HISTORY: Code 1950, §§ 65-26 through 65-28; 1968, c. 660, §§ 65.1-29 through
65.1-31; 1991, c. 355; 1999, c. 877.