COURT OF APPEALS OF VIRGINIA

Present: Judges Baker, Benton and Bray Argued at Richmond, Virginia

ALPINE CONSTRUCTION CORPORATION AND NORTHERN INSURANCE COMPANY OF NEW YORK MEMORANDUM OPINION * v. Record No. 2519-96-2 BY JUDGE JOSEPH E. BAKER JUNE 3, 1997 GENE N. DANDRIDGE, JR., MILLINER BROTHERS EXCAVATING, JAMES R. AND DORIS W. HAWKINS AND UNINSURED EMPLOYER'S FUND FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Donald S. Elmore; Elmore & Elmore, on brief), for appellants.

Louis D. Snesil (McDonald & Snesil, P.C., on brief), for appellee Gene N. Dandridge, Jr. Graham T. Jennings, Jr. (Graham T. Jennings, Jr., P.C., on brief), for appellee Milliner Brothers Excavating.

Robert L. Flax for appellees James R. and Doris W. Hawkins.

Christopher D. Eib, Assistant Attorney General (James S. Gilmore, III, Attorney General; Richard L. Walton, Jr., Senior Assistant Attorney General; John J. Beall, Jr., Senior Assistant Attorney General, on brief), for appellee Uninsured Employer's Fund.

As the parties are fully conversant with the facts contained in the record, we need not repeat them. Finding no error, for the reasons set forth in the commission's opinion issued on September 10, 1996, we affirm the decision of the commission. * Pursuant to Code § 17-116.010 this opinion is not designated for publication.

Accordingly, this case is remanded to the commission for such further implementation of its order as may be necessary to its award.

Affirmed.

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