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Author Archives: Virginia Lawyers Weekly

Workers' Comp – Injury By Accident – Identifiable Incident – Hearsay Evidence – Medical Histories (access required)

Although the employer contends claimant’s medical histories were introduced to impeach him, we find that the medical histories could not properly have been introduced to impeach claimant’s testimony because the omission of any information concerning a specific event resulting in ...

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Workers' Comp – Limitations – Doctrine Of Imposition (access required)

Although claimant contends that the employer’s conduct in acknowledging that claimants accident was compensable and paying benefits for 30 months, together with the fact that the employer failed to execute and file a memorandum of agreement as required by Code ...

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Domestic Relations (306517) (access required)

Spousal Support Increase The trial court did not err in increasing spousal support for the wife where her health had deteriorated, she could not meet her expenses and her lifestyle had diminished from that established during the marriage, while the ...

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Criminal – Malicious Intent – Malice (access required)

There was sufficient evidence of malice to convict defendant of malicious wounding, as well as robbery, where defendant, without provocation or legal justification, invaded the property of the victim, a 68-year old defenseless woman, struck her in the face with ...

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Domestic Relations – PSA – Fraud – Unrepresented Husband (access required)

Although husband seeks to set aside that portion of the final divorce decree which found him liable for spousal support arrearages, arguing that the wife was guilty of fraud because she filed an amended bill of complaint after signing a ...

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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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