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Author Archives: Deborah Elkins

Workers’ Comp – Knee Replacement – Pre-Existing Condition – Aggravation (access required)

A claimant who suffered a work injury that aggravated her pre-existing condition, from her prior total knee replacement from a non-work-related medical condition, is not entitled to a 37 percent lower left extremity impairment rating, the Court of Appeals holds. ...

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Unemployment Comp – Misconduct – Store Manager – Food Purchase Rule (access required)

A circuit court exceeded its authority when it vacated denial of unemployment comp and ordered reinstatement of benefits to a convenience store manager who was terminated for violating a company policy about purchase of food while on duty; the Court ...

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Search & Seizure – Auto Search – Post-Surveillance Seizure (access required)

After conducting a two-week surveillance during which police observed defendant conducting apparent hand-to-hand drug transactions from his Jeep, police had reasonable articulable suspicion, under an objective standard to detain him, and his subsequent 25-minute wait for the canine unit did ...

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Civil Procedure – Nonsuit – Same ‘Action’ – Ad Damnum (access required)

Although a car-crash plaintiff changed her damages request when she refiled after a nonsuit – from $250,000 compensatory and $350,000 punitive damages to $300,000 compensatory and no punitive damages – her second lawsuit is the same “action” and is timely ...

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