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Author Archives: Virginia Lawyers Weekly

Domestic Relations – Termination Of Parental Rights – Children's Developmental Problems – Psychological Testimony (access required)

The Winchester Circuit Court did not err in terminating the parental rights of appellants to four of their seven children under Va. Code § 16.1-283(B). First, the uncontradicted evidence presented by the Department of Social Services established that these children ...

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Workers' Comp – Independent Contractor – Willful Refusal To Insure (access required)

Where claimant, who worked for a home auto repair service, was under the control of the employer in terms of where and when he worked, claimant was an employee, not an independent contractor. The auto service controlled where and when ...

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Workers' Comp – Treating Physician – Medical Payments (access required)

Although claimant’s original treating physician referred her on to another physician for a second opinion on her carpal tunnel syndrome, nothing in the record demonstrates that claimant was referred for continuing treatment, but only for a second opinion with a ...

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Workers' Comp – Limitations – Estoppel (access required)

The Workers’ Compensation Commission erred in construing Va. Code § 65.2-602 to toll the statute of limitations whenever the employer’s first report of accident is not filed within the statutory ten-day period. The decision finding the claim not time-barred is ...

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Criminal – Subpoena Duces Tecum – Scope – Admissibility Of Material (access required)

Where defendant in this robbery prosecution moved for a subpoena duces tecum for “all documents, records, reports, statements, letters, recordings or other writings or items relating to the robbery,” the trial court erred in ruling that defendant was entitled only ...

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Criminal – Speedy Trial – Detention In Different Jurisdiction (access required)

Although defendant, who escaped from jail, was detained in another jurisdiction from that in which his larceny charge was pending, he nevertheless was required to be tried within five months after his indictment, and the charges are dismissed because his ...

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