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Author Archives: Virginia Lawyers Weekly

Workers' Comp – Safety Rule – Training – Verbal Rule – Severed Hand (access required)

Although the employer had various written safety rules governing being attentive to work and avoiding neglect or carelessness, and the employee training claimant in operating various machines, including the cardboard cutting machine she was using at the time of the ...

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Workers' Comp (307284) (access required)

Discharge For Cause Although claimant, a meter reader, was discharged for cause after she had returned to work from a period of temporary total disability, claimant is entitled to an award for temporary total disability. Claimant was admitted to the ...

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Workers' Comp – Injury By Accident – Heart Attack – Identifiable Incident (access required)

Although claimant testified that after shovelling waste material and pulverized lime for about 15 minutes, he developed severe chest pain, his arms went numb and he began to sweat profusely, he has not proved an identifiable incident which will allow ...

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Workers' Comp – Occupational Disease – Carpal Tunnel (307282) (access required)

Where claimant’s orthopedic surgeon testified that to a reasonable medical certainty claimant’s carpal tunnel syndrome was more likely caused by her work sewing waistbands in jogging suits rather than by any degenerative change, previous tendinitis, medication or previous employment, and ...

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Workers' Comp – Causal Connection – Injury By Accident – Hernia (access required)

Although claimant, who had had prior abdominal surgery, was using a 24-inch pipe wrench to dismantle traps in a steam line when he experienced a sudden pain at his prior surgical site, accompanied by a knot which immediately appeared, and ...

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Workers' Comp – Occupational Disease – Heart Attack – Truck Driver – Other Risk Factors – Independent Contractor (access required)

Where the trucking company did not require claimant truck driver to take every load offered to him, and did not cover any of his expenses or deduct social security or taxes from his earnings, claimant was an independent contractor, not ...

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Tort/Negligence – Contract – Economic Loss Rule – Privity – Environmental Contamination (access required)

Where plaintiff, the operator of a service station, contracted with defendant for certain renovations to the station, and during the course of these renovations, a subcontractor’s employees damaged underground storage tanks and caused environmental contamination, plaintiff’s suit alleging negligence and ...

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Real Property – Creditor's Rights – Judgment Lien – Executor's Powers (access required)

Where a judgment lien against the four children attached to their interest in their deceased mother’s land prior to the trustee’s execution of a deed of sale of the land, the divestiture of the childrens’ interest in their mother’s estate ...

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Civil Practice – Prejudgment Interest – Auto Liability Policy (access required)

Although the amount of prejudgment interest owed to plaintiff may exceed the face amount of the applicable insurance policy, the carrier nevertheless is liable for the prejudgment interest. The issue before the court is whether an automobile insurance carrier is ...

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Tort/Negligence – Contractual Relations – Tortious Interference – Airline Pilots (access required)

Where plaintiff airline pilots allege that defendant union interfered with plaintiffs’ efforts to be hired by various airlines in retaliation for plaintiffs’ continued work for Eastern Airlines during a sympathy strike coordinated by the union, the allegations state a claim ...

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