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Medicare/Medicaid Reimbursement (access required)

On Dec. 10, 1996, the 4th U.S. Circuit Court of Appeals granted a rehearing en banc in Miller v. Smith, Record No. 95-7521 (VLW 096-2-276). The panel opinion dated Oct. 29, 1996, and digested at 11 VLW 579, held that ...

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Offset From Third-Party Recovery (access required)

The commission did not err in calculating the amount of offset due to an injured worker’s employer from the $95,000 recovery the worker made from the third party who caused the auto accident that prompted the claim. By accepting this ...

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Rehearings Granted (access required)

On Dec. 3, 1996, the 4th U.S. Circuit Court of Appeals granted rehearing en banc in the following two cases: Boring v. Buncombe County Bd. of Educ. (VLW 096-2-265) Record No. 95-2593. The court vacates the original panel opinion of ...

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Refusal Of Selective Employment (access required)

The commission did not err in awarding claimant temporary partial disability benefits, despite employer’s contention that claimant unjustifiably refused selective employment and failed to market his residual skills. Sandler Foods v. Grays (Baker) No. 1268-96-1, Dec. 10, 1996; Workers’ Comp. ...

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Surveillance Videotape (access required)

The commission was entitled to conclude that claimant’s testimony concerning her disability was not credible, based on observations of claimant walking without difficulty outside the workplace, surveillance videotapes that showed her walking without a limp, driving, and washing her car ...

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Discharge For Just Cause (access required)

The commission did not err in concluding that a partially-disabled worker was not discharged for “just cause” and allowing him benefits for his job-related knee injury. Not every discharge to which the employer can assign a reason is a “justified” ...

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Rehearings Granted (access required)

Rehearings Granted On Nov. 19, 1996, the Virginia Court of Appeals granted a rehearing en banc in Harris v. Commonwealth (VLW 096-7-664), Record No. 1952-95-2. The original panel opinion, digested at 11 VLW 475, Oct. 21, 1996, reversed a conviction ...

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Conviction Record (access required)

A 10-year sentence for voluntary manslaughter is reversed because the “conviction records” presented by the commonwealth at sentencing merely showed defendant’s warrants for arrest on three prior bad check charges, his arrest and fines paid on the charges. None of ...

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Post- Petition Transfers (access required)

A Bankruptcy Court did not err in allowing a bankruptcy trustee to recover from a motor speedway a $22,500 payment it received from a management corporation that managed the two debtors and whose president owned another company that had issued ...

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Rehearing en Banc (access required)

On Oct. 11, 1996, the Virginia Court of Appeals granted a rehearing en banc in Orlandi v. Orlandi (VLW 096-7-567), No. 2893-95-2. The original panel opinion, digested at 11 VLW 236, Aug. 12, 1996, held that a wife’s remarriage justified ...

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