The Uninsured Employer's Fund v. Vanessa Hughes

CourtCourt of Appeals of Virginia
DecidedJuly 8, 2025
Docket1115241
StatusUnpublished

This text of The Uninsured Employer's Fund v. Vanessa Hughes (The Uninsured Employer's Fund v. Vanessa Hughes) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Uninsured Employer's Fund v. Vanessa Hughes, (Va. Ct. App. 2025).

Opinion

COURT OF APPEALS OF VIRGINIA UNPUBLISHED

Present: Judges Fulton, Ortiz and Lorish Argued at Norfolk, Virginia

THE UNINSURED EMPLOYER’S FUND MEMORANDUM OPINION* BY v. Record No. 1115-24-1 JUDGE DANIEL E. ORTIZ JULY 8, 2025 VANESSA HUGHES

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION

Benjamin A. Ellis (Marilyn N. Harvey; Clarke, Dolph, Hull & Brunick, P.L.C., on briefs), for appellant.

Bradford E. Goodwin (Reid Goodwin, PLC, on brief), for appellee.

The Uninsured Employer’s Fund appeals the Commission’s award to Vanessa Hughes for

temporary total disability and medical benefits for a right knee injury sustained in a January 6,

2022 work accident. The Fund argues that Hughes failed to prove she was an employee of the

uninsured employer, Rose Holistic Homecare, LLC. It also contends that Hughes failed to prove

a compensable injury by accident arising out of her employment. Finding no error, we affirm the

Commission’s award.

BACKGROUND1

Hughes worked as a patient care assistant for Rose Holistic Homecare, LLC (“Rose”), a

home healthcare business owned by Takesha Parker. Hughes helped Rose’s clients in their homes

with feeding, clothing, bathing, cleaning, distributing medication, taking vital signs and blood sugar

* This opinion is not designated for publication. See Code § 17.1-413(A). 1 We state the facts in the light most favorable to Hughes, the prevailing party before the Commission. City of Charlottesville v. Sclafani, 300 Va. 212, 223 (2021). levels, and providing transportation to doctor’s appointments. Rose’s hiring manager, Barbara

Welch, hired Hughes for the position. Rose’s scheduling manager, Marquita Smith, set Hughes’s

work hours and communicated with Hughes through a mobile phone application. The phone

application showed Hughes daily when, where, and how long she was scheduled to work and her

days off. Hughes logged the hours she worked through this application. Rose required Hughes to

wear certain clothing: closed-toed shoes, scrub pants, and a scrub top. Hughes wore her own scrubs

but did not supply any work-related tools, such as a stethoscope. Rose also issued Hughes a badge

identifying her association with Rose, which she was required to wear. Rose gave Hughes gloves,

face masks, and hand sanitizer and mandated that she wear them. Hughes had undergone some

CPR training before working for Rose, but she had no formal training in being a personal care

assistant. Hughes had prior personal experience helping care for a paraplegic uncle, and she also

attended school to become a massage therapist. Rose informed Hughes that it would set up training

classes in June, which never took place. Hughes worked for Rose approximately one month before

her January 6, 2022 workplace accident.

Welch assigned Hughes two clients who lived in the same home.2 Welch gave Hughes

background on the clients’ needs and set the standards for the tasks she was to accomplish each day;

Hughes decided the daily routine and care structure. Hughes helped her clients with bathing,

dressing, and personal hygiene. She prepared meals and delivered them to the clients’ rooms, and

she checked one client’s blood sugar and pressure. If she could not accomplish all her tasks during

the hours she worked, Hughes ensured that the necessities were completed, such as feeding, bathing,

and medication—the minimum standards Rose set. Hughes could not take her clients out of the

home without first obtaining permission from Rose. To obtain permission, Hughes called the office

2 Others lived in the home who were not Rose clients and for whom Hughes had no responsibilities. -2- and spoke with Welch, who authorized or denied the request. To take a client from the home, Rose

also required insurance and that Hughes have a cell phone to contact Rose in case anything

happened. Hughes generally worked between 8 and 12 hours daily, during varying days of the

week, for a total of between 40 to 47 hours weekly. Rose paid Hughes $11 per hour and withheld

taxes from her pay.

The Rose clients whom Hughes was assigned to help lived on the second floor of a

two-story house. On January 6, 2022, as Hughes was walking down the stairs after checking on her

clients, she tripped on the carpeted stairs, fell, and injured her right knee. Hughes saw the carpet

move and additionally described the carpet as being “messed up,” sticky in places, dirty, worn, and

loose. She said her foot tripped over the carpet and described her foot getting stuck in the carpet.

She testified that the carpet was not attached properly or flat, that she could not move her foot, and

that she “f[e]ll down the steps.” She did not see anything on her shoe or the step where she fell.

Hughes called Rose to report her injury, and Welch told her to go to the hospital. Hughes left work

and went to the hospital.

At Harbour View Medical Center on January 6, 2022, Hughes saw Dr. Kenneth Brown, who

noted Hughes’s history of intermittent right knee pain following an ACL tear years earlier.

Dr. Brown’s medical note indicates that earlier that day, “while walking down steps,” Hughes heard

a “crunch sound” in her right knee followed by severe pain. According to the note, Hughes denied

having pain in her right hip or right ankle. Dr. Brown diagnosed an ACL tear; he placed Hughes in

a knee immobilizer, gave her crutches, and instructed her to follow up with an orthopedist.

Hughes saw an orthopedist, Dr. Aaron Marlow, on January 14, 2022. Dr. Marlow noted that

Hughes presented “with right-sided knee pain” and “she was at work and fell down some stairs.”

She followed up with Dr. Marlow on February 9, 2022, and he noted that she injured her right knee

-3- “at work on stairs.” Dr. Marlow referred her to Dr. Ernesto Luciano-Perez for a surgical

consultation and excused Hughes from work until further notice.

On February 10, 2022, Hughes saw Dr. Luciano-Perez and reported that “her knee gave out

while walking down the stairs” at work. On March 23, 2022, Dr. Luciano-Perez performed

reconstruction surgery on Hughes’s right knee ACL. Hughes continued to work until her surgery,

but she did not return to work for Rose after her surgery.

Hughes filed a claim on April 18, 2022, seeking medical and disability benefits. Among

other defenses asserted at the hearing before the deputy commissioner, the Fund contended that

Hughes was not an employee of Rose and that her injury did not arise out of her employment.

The deputy commissioner accepted into evidence medical and wage records, and Hughes

testified in support of her claim. A Rose representative failed to appear for the hearing.

Following the hearing, the deputy commissioner concluded that Hughes had met her

burden of proving both that she was an employee of Rose and that her injury arose out of her

employment, finding Hughes’s testimony credible. In ruling on the employee versus

independent contractor issue, the deputy commissioner found that Hughes’s testimony

established that Rose “withheld sums from her wages for her federal tax liability, mandated

certain items of clothing that she was required to wear, issued her a badge that she was also

required to wear that identified her association with the employer, and set standards for her work

performance.” He also found that Hughes had demonstrated “that the employer directed when,

where, and how long she performed her duties by instructions provided through a cellphone

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McDonald v. HAMPTON TRAINING SCHOOL
486 S.E.2d 299 (Supreme Court of Virginia, 1997)
Creative Designs Tattooing Associates, Inc. v. Parrish
693 S.E.2d 303 (Court of Appeals of Virginia, 2010)
Dominion Coal Corp. v. Bowman
672 S.E.2d 122 (Court of Appeals of Virginia, 2009)
Wainwright v. Newport News Shipbuilding & Dry Dock Co.
650 S.E.2d 566 (Court of Appeals of Virginia, 2007)
Pruden v. Plasser American Corp.
612 S.E.2d 738 (Court of Appeals of Virginia, 2005)
SOUTHSIDE VIRGINIA TRAINING CENTER/COM. v. Ellis
537 S.E.2d 35 (Court of Appeals of Virginia, 2000)
County of Spotsylvania v. Walker
487 S.E.2d 274 (Court of Appeals of Virginia, 1997)
Dollar General Store v. Cridlin
468 S.E.2d 152 (Court of Appeals of Virginia, 1996)
Baker v. Nussman
147 S.E. 246 (Supreme Court of Virginia, 1929)
Hill City Trucking, Inc. v. Christian
385 S.E.2d 377 (Supreme Court of Virginia, 1989)
Park Oil Co., Inc. v. Parham
336 S.E.2d 531 (Court of Appeals of Virginia, 1985)
Behrensen v. Whitaker
392 S.E.2d 508 (Court of Appeals of Virginia, 1990)
Hamilton Trucking/Hamilton Terminal Corp. v. Springer
396 S.E.2d 379 (Court of Appeals of Virginia, 1990)
Richmond Newspapers, Inc. v. Gill
294 S.E.2d 840 (Supreme Court of Virginia, 1982)
Stover v. Ratliff
272 S.E.2d 40 (Supreme Court of Virginia, 1980)
Caskey v. Dan River Mills, Inc.
302 S.E.2d 507 (Supreme Court of Virginia, 1983)
Taylor v. Mobil Corp.
444 S.E.2d 705 (Supreme Court of Virginia, 1994)
Intermodal Services, Inc. v. Smith
364 S.E.2d 221 (Supreme Court of Virginia, 1988)
Marlin Roske v. Culbertson Company and Virginia Surety Company, Inc.
749 S.E.2d 550 (Court of Appeals of Virginia, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
The Uninsured Employer's Fund v. Vanessa Hughes, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-uninsured-employers-fund-v-vanessa-hughes-vactapp-2025.