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Author Archives: Virginia Lawyers Weekly

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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Domestic Relations – Spousal Support Reduction – Husband's Retirement – Appeals – Rule 5A:18 (access required)

Although husband contends the trial court should have further reduced his spousal support obligation beyond lowering the monthly amount from $300 to $200 because he has retired and the wife works full time and earns more than husband, the husband ...

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Criminal – Disorderly Conduct – Sufficiency (access required)

Where the police officer pulled in behind defendant in her babysitter’s driveway in order to issue a traffic citation to defendant, and defendant refused to remain in the officer’s vehicle while the ticket was being written, but instead exited the ...

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Criminal – Search & Seizure – Auto Search (access required)

Where the officer initially observed defendant driving with a can of beer in his hand, and he pulled defendant over to issue an open container citation, and the officer then noticed defendant hand something in a small velour bag to ...

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