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Author Archives: Paul Fletcher

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'Bowman' claim is barred by Comp Act (access required)

By Paul Fletcher, Publisher & Editor-in-Chief A nurse’s Bowman wrongful discharge claim is barred by the Workers’ Compensation Act, a federal judge in Roanoke has ruled in a case of first impression. The nurse filed a comp claim after she ...

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Man's suicide will not bar workers' comp (access required)

By Paul Fletcher, Publisher & Editor-in-Chief The family of a man who committed suicide because of chronic pain and depression following a workplace accident can recover workers’ compensation benefits, the Court of Appeals has ruled in a case of first ...

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'COMMUNITY CARETAKER' (access required)

By Paul Fletcher, Publisher & Editor-in-Chief The commonwealth may use the “community caretaker” doctrine to justify the search of a defendant’s home, the Court of Appeals has ruled. The community caretaker rationale, based on a 1973 U.S. Supreme Court case, ...

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Defendant could help force MIST settlements (access required)

By Paul Fletcher, Publisher & Editor-in-Chief Plaintiff’s lawyers jerked around by a stonewalling insurance company may want to consider enlisting the help of the company’s policyholder in fighting the carrier, according to one personal injury lawyer. That surprising advice came ...

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Wife can stack policy from husband's firm (access required)

By Paul Fletcher, Publisher & Editor-in-Chief A woman hurt in a car crash can “stack” the coverage available from an insurance policy maintained by her husband’s company, a Fairfax Circuit judge has ruled. Nationwide, the carrier, issues a “family automobile ...

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