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Author Archives: Virginia Lawyers Weekly

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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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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