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Author Archives: Virginia Lawyers Weekly

Criminal – Evidence – Prior Conviction – Harmless Error (access required)

Although the trial court erred in requiring defendant to acknowledge a previous conviction for a named felony, his conviction of robbery nevertheless is affirmed. Here, the commonwealth failed to first pursue less prejudicial alternative avenues available to prove that defendant ...

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Workers' Comp – Medical Evidence – Sanction Against Employer Reversed (access required)

Where claimant’s description of his fall and injury was corroborated by medical evidence describing the injury and resulting disability, the award of benefits is affirmed. However, we reverse the award of attorney’s fees to claimant. Although he prevailed before the ...

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Criminal – Fifth Amendment – No Proffer (access required)

Where a defense witness at defendant’s trial for cocaine distribution told the court that he intended to exercise his Fifth Amendment privilege not to testify, but defendant made no proffer of the proposed relevant question to the witness that would ...

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Workers' Comp – Surgery Cost – Reasonable & Necessary (access required)

Although claimant previously had been awarded benefits for temporary total disability, and her private physician recommended that she undergo a surgical procedure, anterior cervical discectomy, but her treating physician advised against this surgery, the commission did not err in finding ...

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Criminal – Evidence – Other Acts – False Pretenses (access required)

Although defendant in this trial for obtaining money by false pretenses objected to the trial court admitting evidence that an investigator with the Department of Consumer Affairs had contacted defendant about complaints from other out-of-state customers who had paid for ...

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Workers' Comp – Limitations – Electric Shock (access required)

Where claimant, a school cafeteria worker sustained an electrical shock to her left arm, shoulder and chest while cleaning a dishwasher, the commission did not err in finding that her claims were barred by the limitations in Code § 65.2-708(A). ...

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

Where claimant, a school maintenance manager, reported to his treating physicians that he was lifting mattresses at the school when he felt a sudden pain, a sharp, burning sensation in his neck, he has proven an injury by accident. The ...

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