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Author Archives: Virginia Lawyers Weekly

Criminal – Cocaine Possession – Intent To Distribute – Constructive Possession – Sufficiency – Reversal (access required)

Although the apartment manager discovered cocaine in the bathroom of an apartment the manager had entered for a mechanical inspection of utilities, no evidence proved that defendant, who was not the lessee, but was at the apartment when the manager ...

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Workers' Comp – Arising Out Of – Slip & Fall – Hairspray On Floor (access required)

The commission’s decision that claimant’s injury arose out of her employment is supported by credible evidence that 1) a black heel mark about 10-12 inches long remained on the floor after claimant slipped; 2) the floor “seemed to be extremely ...

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Workers' Comp – Medical Report – Muscle Spasms (access required)

Although the commission denied workers’ compensation benefits because it concluded the medical reports supporting her disability claim were “not persuasive,” this conclusion was based on the commission’s determination that “no objective findings” supported her claim of injury and the denial ...

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Workers' Comp – Temporary Total Disability – Release To Light Duty (access required)

Although the doctor released the employee to light duty work, that release was prospective in nature, and the award for temporary total disability, rather than partial disability, is affirmed where 1) medical records establish that the employee’s symptoms continued after ...

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Workers' Comp – Injury By Accident – Back Injury – Doughnut Delivery – Credibility (access required)

Although the deputy commissioner, in evaluating certain inconsistencies in the accounts of claimant’s injury, found credible claimant’s representation that his heavily medicated condition affected his ability to communicate how the injury occurred, the commission nevertheless was entitled to reverse the ...

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Workers' Comp – Arising Out Of – Truck Driver – Back Pain (access required)

Where the commission noted inconsistencies in the histories of the work-related incident which claimant truck driver/groundsman gave to various medical providers, these inconsistencies, together with the inconsistent testimony of claimant and his foreman as to whether claimant had lifted spools ...

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Criminal – Habitual Offender – Person Under Disability – Guardian Ad Litem (access required)

Where defendant in this proceeding for driving after having been adjudicated an habitual offender in fact had counsel at the earlier habitual offender proceeding, which occurred when defendant was an incarcerated felon, the court need not determine whether defendant was ...

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Criminal – Grand Larceny – Sufficiency – Excessive Sentence (access required)

Where defendant, a truckstop cashier, admitted in a signed statement that he submitted an invalid check with his “paperwork” and took the $200 for himself, and his confession was corroborated at trial by the admission of the invalid check and ...

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Workers' Comp – Arising Out Of – Carbon Monoxide Inhalation – 'Two Causes Rule' (access required)

Although claimant used his personal automobile to drive his route collecting insurance payments for his employer, claimant is not entitled to workers’ compensation benefits for his inhalation of carbon monoxide while taking his other car to be repaired. The commission ...

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