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Author Archives: Virginia Lawyers Weekly

Insurance – Employee Health Benefits – Bone Marrow Transplant (access required)

Although the insurance company, Blue Cross & Blue Shield, relied on an amendment to its health care policy to deny a 59-year old partner in a Washington, D.C. law firm coverage for an autologous bone marrow transplants in combination with ...

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Labor & Employment – Collective Bargaining – Official Time – Sexual Harassment (access required)

Where the Federal Labor Relations Authority declared that two provisions of the Immigration & Naturalization Service’s collective bargaining agreement, one provision dealing with “official time,” and another dealing with sexual harassment, were not properly negotiable, the court grants enforcement as ...

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Administrative – Black Lung Benefits – Comparable & Gainful Employment – Mine Electrician – Mine Inspector (access required)

Where the administrative law judge concluded that claimant’s later employment as a federal mine inspection supervisor was gainful and comparable to his previous employment as a mine electrician, and that the later employment served to rebut the presumption of total ...

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Administrative – Longshore & Harbor Workers' Act – Disability Benefits – Back Injury – False Records (access required)

Where the shipyard offered claimant a lighter duty job issuing tools after he injured his back on the job, but after reviewing claimant’s file and determining that he had failed to disclose his prior back injury in his employment application ...

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Criminal – Indictment – Grand Jury Testimony (access required)

Although defendant claims the entire indictment of him on multiple cocaine distribution charges must be dismissed because perjured testimony was presented to the grand jury, we concur with the district court’s factual finding that no convincing evidence of perjury was ...

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Civil Rights – Privileges & Immunities – Commercial Fishermen – Nonresident Licenses (access required)

Where the Commonwealth of Virginia established a “special nonresident harvester’s license” for commercial fishermen outside Virginia who fished Virginia waters, this license fee violated the Privileges & Immunities Clause of the U.S. Constitution, and the commonwealth is permanently enjoined from ...

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