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Author Archives: Virginia Lawyers Weekly

Workers' Comp – Back Injury – New Injury – Progressive Deterioration (access required)

Where medical evidence provided by claimant’s treating physician supported a finding that claimant, who worked for a supermarket doing heavy, repetitive lifting, did not sustain an injury to his back upon lifting a case of corn syrup, but rather that ...

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Workers' Comp – Change In Condition – Limitations (access required)

Where claimant was last compensated for the crush injury to his hand on July 6, 1986, and on Feb. 17, 1989, within the 36-month limitation period of Va. Code § 65.2-708, he filed an application for a hearing alleging permanent ...

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Domestic Relations – Civil Practice – Seen & Agreed – Custody & Visitation (access required)

Although the mother’s counsel endorsed the order of the juvenile and domestic relations court “seen and agreed,” the mother nevertheless was entitled to appeal to the circuit court under Va. Code § 16.1-296, and the circuit court erred in dismissing ...

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Criminal – Unlawful Firearm Discharge – Hospital Emergency Room (access required)

Although defendant argues that he did not endanger any lives by firing a gun within the hospital emergency room, and that he only wanted to “shoot the hospital” because it “killed [his] sister,” the evidence proved that defendant shot the ...

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Workers' Comp – Medical Treatment – Hepatitis – Compensable Consequences (access required)

Where claimant injured her knee in a work-related accident, and during the course of surgical and medical treatment for her knee injury, she received blood transfusions in 1981 and in 1984 which resulted in chronic hepatitis, claimant is entitled to ...

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Criminal – Malicious Burning of Auto – Proof of Malice (access required)

Where defendant was charged with malicious burning of an automobile, the commonwealth’s proof of intent to defraud an insurance carrier was sufficient to prove malice under the malicious burning charge. The fact that Code § 18.2-81 includes a separate provision ...

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Criminal – Contempt – Prosecutor's Letter To Judge – Sufficiency (access required)

Where defendant, the commonwealth’s attorney for the City of Richmond, wrote to a substitute general district court judge to complain about the judge’s comments to one of the assistant prosecutors, and in the letter, the commonwealth’s attorney told the judge ...

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Labor & Employment – Administrative – Va. Safety Regs – Constitutionality (access required)

Where the commonwealth has attempted, both civilly and criminally, to enforce provisions of the Virginia Occupational Safety and Health statute which defendant electric company allegedly has violated, the commonwealth may not go forward because the statutes in question are unconstitutional. ...

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