Hardly a Clean Sweep:An Analysis of the Supreme Court of Virginia\u27sTreatment of Statutory Employee Litigation

The decision in Clean Sweep Prof\u27l Parking Lot Maint., Inc., v. Talley reveals the Supreme Court of Virginia\u27s challenging task of applying the Commonwealth\u27s workers\u27 compensation scheme to industrial accident cases. Fraught with fine-line distinctions, which in many instances nullify a plaintiff s common law negligence claim, case law in this area deserves close attention. Verdicts in such statutory employee cases turn on the facts and offer counsel on both sides the opportunity to creatively argue their client\u27s position. Part II of this note explores the legal background of Virginia\u27s statutory employee scheme, first with an overview of two relevant statutes, followed by a thorough review of case law which interprets the statutes and fleshes out the scheme. Part III provides the facts surrounding the Clean Sweep case. Part IV analyzes the court\u27s holding in Clean Sweep and assesses the implications of that decision for future statutory employee litigation