
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, December 30, 1993                   TAG: 9312300132
SECTION: VIRGINIA                    PAGE: B4   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Short

COURT: INMATE SHOULD GET BENEFITS

An inmate injured while working on a road gang may collect state worker compensation benefits, an appeals court ruled.

Tree trimmer James M. Woodward was hurt in 1990 when the top of a tree fell on him.

His request for benefits was denied by the Virginia Workers' Compensation Commission, which said state prisoners do not have the legal capacity to enter into contracts. The commission also said Woodward was not an employee of the state under Virginia worker compensation law.

The Department of Transportation paid the Department of Corrections $2 per hour for each person on Woodward's road gang. The Corrections Department in turn paid Woodward 27 cents an hour.

A unanimous three-judge Virginia Court of Appeals panel said Tuesday, "It cannot be seriously argued that if Woodward performed his work . . . in accord with the agreement, that he could not enforce his contract for wages."

by CNB