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Daily Archives: January 11, 2010

Workers’ Comp – Medical Pay – Employer Credit – Limitations (access required)

Treatment of a professional soccer player’s right shoulder and neck are encompassed within his compensable upper back injury suffered in 2005 during practice, and the Court of Appeals reverses the commission’s denial of medical benefits and holds the claim is ...

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Workers’ Comp – Arising Out Of – Carpal Tunnel Syndrome (access required)

Medical evidence that supported an employee’s claim that her carpal tunnel syndrome was a compensable occupational disease can be discounted because the medical providers she cited were not familiar with claimant’s job duties at Goodyear, and the Court of Appeals ...

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Criminal – Probation Conditions – Curfew – Internet Use (access required)

A 60-year-old child molester, on probation for a firearm offense, can be restricted from possession of pornography, alcohol abuse and associating with children, but he can’t be subjected to a 7 p.m. to 7 a.m. curfew and prevented from all ...

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Criminal – Confrontation Clause – Abused Wife – P.O. Affidavit (access required)

At defendant’s trial for the capital murder of his estranged wife, the trial court did not err in admitting the wife’s affidavit used to obtain a protective order against defendant; on rehearing en banc, the Court of Appeals says the ...

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Criminal – Obstruction Of Justice – Grand Jury Testimony (access required)

In this prosecution of defendant for his role in a former corporate president’s alleged scheme to conceal income and assets through a bogus church, the government’s indictment charging conspiracy and obstruction of justice is fatally defective, and a Roanoke U.S. ...

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Severed artery during surgery results in amputation of leg – $1,275,000 Settlement (access required)

In preparing the femur for insertion of a component for a total knee replacement, the defendant drilled through the back of the femur and severed the popliteal artery. Attempts at repair were unsuccessful, resulting in amputation. Plaintiff was in her ...

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Price of site excluded in condemnation case – $1,011,622 Verdict   (access required)

This condemnation case involved the taking of a 0.51-acre parcel for construction of a grade separation over the railroad tracks across U.S. 29 in Gainesville. The owner had purchased the tract for $250,000 about two years before the taking. The ...

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