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Author Archives: Virginia Lawyers Weekly

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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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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