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Author Archives: Virginia Lawyers Weekly

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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Domestic Relations – Consent Decree – Fraud – Contempt (access required)

Although the husband claims his consent to decrees establishing custody and spousal support was obtained by fraud, in that the wife told the parties’ daughters they did not have to appear at a hearing, and the wife then testified falsely ...

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Criminal – Fair Trial – Police Photo – Information From Suspect (access required)

Although the prosecutor said during opening statements that a police officer obtained a picture of defendant from the police department to use for a photo spread, this was not reversible error, as the jury is presumed to have followed the ...

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Workers' Comp – Change In Condition – Erroneous Job Description (access required)

Although the job description provided to claimant’s physician indicated she should be able to perform her former job of “veneer drying oven-offbearer,” the testimony of claimant and of the employer’s safety coordinator indicate that hue job description was faulty and ...

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Workers' Comp – Occupational Disease – Continuing Disability – Soft Drink Delivery (access required)

Where claimant testified concerning his work as a soft drink salesman who delivered 200 to 300 cases of soft drinks per day at various delivery sites, claimant’s treating physician opined that claimant suffered from work-related “tennis elbow,” this testimony constituted ...

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