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Rehearings Granted (access required)

Oct. 10, 1996, the 4th U.S. Circuit Court of Appeals granted rehearing in banc in the following two cases: Riley v. Dorton, No. 947120 (VLW 096-2-195). The published opinion issued Aug. 16, 1996 and digested at 11 VLW 277, Aug. ...

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Family & Medical Leave Act (access required)

A KMart employee is not entitled to judgment as a matter of law on his claim that the employer violated the Family & Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., when it terminated him after he ...

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Cancellation Of Disability Coverage (access required)

A plaintiff suing for failure to provide disability benefits has used his own testimony about his physician’s treatment and his medical records to raise a genuine issue of material fact over whether he was under a doctor’s care for his ...

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Pendente Lite Support (access required)

A husband whose gross monthly income is $26,951 must pay wife, who has no income, $1,679 as monthly child support and $7,330 as monthly spousal support, pendente lite. The court will not grant the extensive injunction requested by wife because ...

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Timely Notice (access required)

Although claimant told her supervisor she had to go home because of back pain, and that she would not be able to work the following day, claimant did not advise the supervisor that the pain resulted from any work-related injury, ...

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Lawyers in the News – 10/14/1996 (access required)

S. Brian Farmer has become a principal with the Richmond law firm of Hirschler, Fleischer, Cox & Allen. He is a member of the business section, where his practice includes business acquisitions, venture capital financing, business plan development, protection and ...

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Workers' Comp (access required)

Under Stenrich Group v. Jemmott, 251 Va. 186 (1996), this claim for benefits for cumulative trauma caused by repetitive motion is denied. Smith v. Alexandria Metal Finishers Inc. (Per Curiam) No. 1023-96-4, Oct. 1, 1996; Workers’ Comp. Comm’n; J. Burkehardt ...

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Medical Malpractice (access required)

A claimant who injured his shoulder was free to seek an opinion from a second orthopedic surgeon after the employer denied his claim around the same time he saw the first orthopedic surgeon to whom his employer referred him. Employer’s ...

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Corrections Grants (access required)

An agency that formerly received state funds for pre-release and post-incarceration services for Virginia inmates does not have standing to sue the Department of Criminal Justice Services because those state funds went to DCJS under the 1996 budget bill. The ...

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Workers' Comp (316173) (access required)

On July 24, 1996, the Virginia Court of Appeals granted a rehearing in Charity v. Commonwealth (VLW 096-7-455) Record No. 2099-94-1. The original panel opinion, digested at 11 VLW 66, held that it was harmless error for a trial court ...

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