Richmond Times Dispatch (Va)
26 March 1932
INDUSTRIAL COMMISSION DECREES PRINCE WILLIAM LIABLE IN TUBBS' DEATH
A county cannot evade its responsibility under the workmen's compensation act by electing its employees instead of hiring them, the State Industrial Commission held yesterday in an opinion handed down by Commissioner C. G. Kizer.
The case was that of Mrs. Bessie R. Tubbs and other dependents of the late H. L. Tubbs of Prince William County. Tubbs was killed while in the employ of the Prince William board of supervisors, when a tractor turned over on him.
His dependents sought to recover from the county, but the county claimed that Tubbs had been elected by the board, and hence did not come under the terms of the workmen's compensation law.
Commissioner Kizer held yesterday, however, that "to sustain the contention of the defendant would mean the annulment of the provisions of the workmen's compensation act in thousands of cases."
Such a contention, he added, could be made to apply to janitors, teamsters and all others who do work of a laborious character, and would be a clear evasion of a law which has been on the statute books for more than twelve years.
[Herbert L. Tubbs (1874-1932) was elected Superintendent of Roads, and is buried in Cannon Branch Cemetery beside his wife, Bessie (1882-1970). ~cgl]
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