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Author Archives: Virginia Lawyers Weekly

Civil Practice – Appeals – Rule 5A:18 – Domestic Relations – Reservation Of Equitable Distribution (access required)

Although the wife complains on appeal that the trial court erred by entering the final divorce decree while retaining jurisdiction to adjudicate property issues, without first specifically finding under Code § 20-107.3(A) that this entry was “clearly necessary,” the appellate ...

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Workers' Comp – Settlement Offer – Rejection By Commission (access required)

Where the commission refused to approve claimant’s petition and settlement order under Va. Code § 65.1-701(C) because the proposed language that the lump sum settlement represented a payment over claimant’s life expectancy was inaccurate and should not be included in ...

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Domestic Relations – Child Support – Employment-Related Expenses (access required)

Although the father claimed the child could be enrolled in a Head-Start program, thus lowering the day care costs paid, which he argued should in turn lower his child support obligation, the trial court did not err in finding that ...

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Workers' Comp – Police Officer – Heart Attack – Patrol Sergeant (access required)

Although the employer presented rebuttal evidence regarding the cause of the police sergeant’s heart attack, including his heavy cigarette smoking, this evidence failed to exclude work-related stress as a factor causing the sergeant’s myocardial infarction. The testimony of a retired ...

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Domestic Relations – Spousal Support – Housing Costs (access required)

Where this court determined in husband’s first appeal of the trial court’s spousal support award that the trial judge abused his discretion by fashioning a spousal support award that effectively required husband to satisfy the mortgage obligations on the marital ...

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Workers' Comp – After-Discovered Evidence – Autopsy Report – Black Lung (access required)

Where the commission refused to admit an autopsy and related medical report as after-discovered evidence in the record on the deceased coal workers’ claim for pneumoconiosis benefits, this refusal was reversible error. The provision of Code § 65.1-56.1, as amended, ...

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Criminal – Search & Seizure – Roadside Stop – Stolen License Plates – Sufficiency (access required)

Where the police officer who stopped defendant’s car previously had read a departmental memorandum which described several black males, from either Maryland or the District of Columbia, suspected of involvement in recent auto thefts, and the officer received a report ...

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Workers' Comp – Insurance Coverage – Cancellation Notice (access required)

Where the employer arranged its workers’ compensation coverage through a finance company, and when the employer became delinquent in its premium payments and defaulted, the finance company notified both the employer and the insurance company that the policy had been ...

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