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Author Archives: Virginia Lawyers Weekly

Workers' Comp – Marketing Residual Work Capacity – Finding Of Partial Disability – Carpal Tunnel (access required)

Where claimant had surgery for carpal tunnel in March 1991 for an earlier work-related accident, and then was released to perform his normal work in mid-June 1991, but in August claimant began treatment of his right shoulder with trigger point ...

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Domestic Relations – Custody – Appeals – Rule 5A:18 (access required)

Where counsel for father did not object to the trial court’s review of the juvenile court proceedings, the court’s decision not to hear testimony from the children, or the court’s decision to separate the children, with the daughters going to ...

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Criminal – Evidence – Late Release Of Tape (access required)

Although the prosecution disclosed during trial a tape recording of a co-defendant’s statement which the prosecution previously had not provided to defendant, no prejudice resulted from late disclosure of the tape and the failure to dismiss the case was not ...

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Workers' Comp – Average Weekly Wage – Union Wages (access required)

Where claimant spent a portion of his week acting as elected union representative and performing certain union-related tasks, for which the union pays him wages, these union wages need not be included in the calculation of claimant’s average weekly wage ...

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Workers' Comp – Arising Out Of – Back Injury (access required)

The commission was not plainly wrong in concluding that the employee’s herniated disc did not arise from his employment where it occurred when he stood up from a bent position holding a “mud pan” in his left hand and a ...

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Domestic Relations – Marital Residence – Wife's Occupancy (access required)

Credible evidence supports the trial court’s finding that the parties agreed to that portion of the decree concerning the wife’s occupancy of the marital residence “until July 1, 1992, or until the…lump sum…[is] paid whichever last occurs,”; further, the trial ...

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Domestic Relations (306970) (access required)

Finality Of Decree The trial court’s divorce decree was final, despite the wife’s arguments that the decree was not final because: 1) the decree provided that the court would maintain jurisdiction until an ordered partition was completed and the proceeds ...

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Workers' Comp – Evidence Developed After Hearing – Refusal To Admit – Reversal (access required)

The commission’s award is reversed because it refused to admit evidence that was relevant to claimant’s disability and that developed after the initial hearing. On remand, the deputy commissioner allowed the deposition of the independent doctor, but refused to consider ...

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