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Author Archives: Virginia Lawyers Weekly

Workers' Comp – Change In Condition – Orthopedic Surgeon's Opinion (access required)

Although claimant contends that the commission erred in rejecting the opinion of an orthopedic surgeon that claimant was disabled from work and in accepting the contrary opinion of a treating neurosurgeon finding that claimant did not prove a compensable change ...

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Workers' Comp – Injury By Accident – Nursing Home Assistant (access required)

Although claimant, a nursing home assistant, testified that she often had to support patients in awkward positions as she bathed them and turned them in their beds, only in retrospect was claimant able to associate her left shoulder pain with ...

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Domestic Relations – Spousal Support Contract – No Abatement (access required)

Where the parties entered into a post-nuptial agreement which called for $1,500 per month in spousal support to the wife and also stated that the support payments were contractual and could not be adjusted except by written mutual agreement, the ...

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Workers' Comp – Injury By Accident – Exception To Deputy's Finding (access required)

Although claimant contends the commission was precluded from considering whether an injury by accident occurred because the issue of the sufficiency of the evidence to establish an injury was not raised before the deputy commissioner by either party, we conclude ...

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Domestic Relations – Civil Practice – Rule 5A:18 – Final Decree – PSA (access required)

Although the final divorce decree expressly provided that husband would be responsible for the minor child’s health care coverage, but did not specify an obligation for the wife’s continued health care coverage, the trial court erred in concluding that the ...

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Criminal – Delayed Indictment – Due Process – Cocaine Sale – Sufficiency (access required)

Although the testimony of the person who identified defendant, a former employer, as the person who supplied him with cocaine, was not corroborated, the testimony was otherwise consistent with and corroborated by the testimony of an undercover informant who also ...

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Workers' Comp – Injury By Accident – Back Injury – Hearsay Evidence (access required)

Where claimant, in recounting his alleged work-related injury, could not recall whether he was picking up a diving board or a bag of sand, even though claimant admitted that there is a significant difference in the weight of these objects, ...

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Workers' Comp – Filing Of Claim – Letter To Commission (access required)

Where claimant, a registered nurse who suffered an acute low back strain on the job, worked intermittently after her injury while employer hospital voluntarily paid benefits to claimant, and claimant periodically requested an agreement, but the parties never entered into ...

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Workers' Comp – Causal Connection – Psychiatric Condition (access required)

Where both of claimant coal miner’s treating physicians have consistently and unequivocally related claimant’s chronic pain from a 1988 injury while pulling miner cable and his subsequent depression to the industrial accident, claimant has established that his disabling psychiatric condition ...

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Workers' Comp – Causal Connection – Septicemia Secondary To Trauma (access required)

Where claimant fell at work, and an infectious disease specialist stated that medical tests indicated claimant was suffering from septicemia secondary to some type of inflammatory process in the area of his left sacroiliac joint, and that trauma to the ...

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