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Author Archives: Virginia Lawyers Weekly

Workers' Comp – Willful Misconduct – Safety Rule – Slick Ramp (access required)

Although claimant’s supervisor, the warehouse manager, assembled her employees and warned them against using a newly-painted ramp which was slick and on which another employee already had slipped and been injured, the commission erred in concluding that claimant was injured ...

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Domestic Relations – PSA – Camper – Refusal To Close (access required)

Where the parties’ separation agreement provided that husband would convey to wife his interest in jointly owned real property in North Carolina, and wife would convey to husband her interest in the marital home, but the agreement did not make ...

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Criminal – Suppression Motion – Day Of Trial (access required)

Where defense counsel said he had not made a suppression motion prior to the day of trial, as required by statute, because of his involvement in another protracted case, and although defendant did not present jury instructions because counsel’s law ...

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Criminal – Breaking & Entering – Sufficiency – Screen Removal (access required)

Where defendant admitted prying the screen off the window at night, defendant’s fingerprints were found on the window, and this action occurred during non-business hours at a commercial establishment, there was sufficient evidence to reasonably infer that defendant attempted to ...

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Workers' Comp – Occupational Disease – Chronic Venous Insufficiency (access required)

Although claimant’s treating physician, a general and vascular surgeon, opined that claimant’s bilateral chronic venous insufficiency may have been aggravated by standing without protective support stockings, he stated that her condition did not have its origin in her employment, and ...

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Workers' Comp – Arising Out Of – After-Work Volleyball – Knee Injury (access required)

Where claimant injured his knee during an after-hours volleyball game played off the employer’s premises, and the employer’s sole involvement with the team was to pay for team t-shirts and playing fees, and there was no evidence that business was ...

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Domestic Relations – Adultery – Military Pension (access required)

Although the commissioner’s findings and recommendation disregarded the obvious, in that another woman had moved her belongings into the marital home, the other woman and husband were observed in public exchanging casual intimacies, and wife at one time had discovered ...

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Criminal – 'Firearm' Use – Convicted Felon – BB Gun (access required)

Defendant’s conviction under Va. Code § 18.2-308.2 for possessing a firearm after previously having been convicted of a felony is reversed because the statute does not prohibit a convicted felon from possessing or transporting a BB gun. We reverse his ...

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