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Author Archives: Virginia Lawyers Weekly

Workers' Comp – Arising Out Of – Rebuttable Presumption – Heart Disease – Police Officer (access required)

Although the commission, in considering whether the employer had rebutted the statutory presumption under Code § 65.2-402 that claimant police officer’s heart disease arose out of his employment, stated that the employer’s rebuttal evidence did not persuasively exclude a work-related ...

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Domestic Relations – Pension – Equal Value (access required)

Where the trial court based its denial to wife of any interest in husband’s pension upon the erroneous finding that the value of the wife’s pension was relatively equivalent to the present value of husband’s pension, the decision denying the ...

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Workers' Comp – Change In Condition – Back Injury – Truck Driver (access required)

Where the physician who stated claimant could return to his regular employment as a truck driver was not familiar with the duties of that job and the heavy lifting required, the commission was entitled to give little weight to that ...

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Workers' Comp – Residual Work Capacity – Back Injury – School Cook (access required)

Although there is conflicting medical evidence concerning claimant’s ability to return to some form of employment, even if she cannot return to her former employment as a school cook, medical records and opinions from several physicians constitute credible evidence to ...

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Domestic Relations – Final Decree Presentation – Notification (access required)

Although husband was appearing pro se when wife presented the final divorce decree for entry, the decree is not void because the notice of presentation was mailed. Husband argued that since he was appearing pro se at the time that ...

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Criminal – Search & Seizure – Hit & Run Driver (access required)

Where defendant, who matched a description given by the drivers of several cars defendant had struck with his own vehicle, and who fled the scene of these accidents, was apprehended as he attempted to flee through a barbed-wire fence, the ...

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