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Author Archives: Deborah Elkins

Workers’ Comp – Injury – Marketing Residual Work Capacity (access required)

A claimant diagnosed with lumbar degenerative disc disease, lumbar radiculopathy and lumbar spondylosis has failed to prove that his back conditions resulted from an incident in which he bruised his abdomen when he turned over the pallet jack he was ...

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Criminal – Marijuana Conspiracy – Verdict Forms (access required)

The Court of Appeals declines to apply the ends of justice exception to reverse a drug conviction, for error by the trial court in instructing the jury on a charge of possessing marijuana with intent to distribute, but by way ...

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Workers’ Comp – Average Weekly Wage – Strike (access required)

In awarding workers’ comp benefits, the commission did not err in excluding from calculating of claimant’s pre-injury weekly wage weeks the claimant was out on a union strike; in decreasing the number of weeks used for the calculation, the commission ...

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Administrative – Medical License – Defective Petition (access required)

The Court of Appeals summarily affirms a circuit court’s dismissal of an appeal of the Virginia Board of Medicine’s revocation of petitioner’s license to practice medicine. The circuit court dismissed the appeal on procedural grounds, determining that petitioner’s initial incomplete ...

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Criminal – Felony Child Neglect – Withholding Medication (access required)

The Court of Appeals affirms a conviction of felony child neglect for a woman who knowingly withheld from her 16-year-old son all the AIDS medications prescribed by his physician, which posed a substantial risk of injury to the youth. The ...

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Criminal – Aggravated Sexual Battery – Impeachment (access required)

Although defendant claims he should have been allowed to attempt to impeach the 12-year-old victim and her mother on issues he claims concerned their motive to fabricate the aggravated sexual battery allegation, the Court of Appeals upholds his conviction. The ...

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Criminal – Incapacitated Adult – Felony Neglect (access required)

A home health aide hired to care for a 55-year-old paranoid schizophrenic who suffered from multiple ailments, including ALS (Lou Gehrig’s Disease), was a “responsible person” under Va. Code § 18.2-369(B) and the Court of Appeals affirms her conviction for ...

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Criminal – Aggravated Sexual Battery – Inconsistent Verdict – Brady Claim (access required)

Although defendant contends the jury verdict is inconsistent because the jury should have accepted all of the young girl’s testimony and convicted him of two counts of aggravated sexual battery or rejected all of the girl’s testimony and acquitted him ...

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Domestic Relations – Cohabitation – Spousal Support (access required)

A divorce court found that the only evidence wife was “cohabiting” was her occasional use of her separate Wachovia bank account to pay her male roommate’s bills from funds he gave her for that purpose, and the Court of Appeals ...

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Domestic Relations – Spousal Support – Imputed Income (access required)

The Court of Appeals upholds a divorce court’s decision to impute income to husband, as the evidence supports the finding that husband’s family relationship with his employer (his mother) unduly influenced her decision to sell the salvage yard where he ...

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