Administrative - Polygraph - Training Center Employee - Abuse Of Residents 
Published: March 18, 2010
Tags: Administrative, Judge James W. Haley Jr., Virginia Court of Appeals
The Court of Appeals upholds a decision sustaining the termination of an employee at Southside Virginia Training Center, based on evidence that the employee had physically abused severely mentally retarded residents, in violation of specific departmental instructions prohibiting such abuse.
Our precedents draw a distinction between the results of a polygraph test and voluntary statements [...]
Traffic Offenses - DUI - Motion To Bifurcate
Published: March 18, 2010
Tags: Judge Rossie D. Alston Jr., Traffic Offenses, Virginia Court of Appeals
A trial court did not err in denying a DUI defendant’s motion to bifurcate the guilt phase of his trial for DUI, fourth offense in 10 years, into separate determinations of guilt and recidivism, and the Court of Appeals affirms defendant’s conviction.
Defendant’s bifurcation claim was rejected in Elem v. Commonwealth, 55 Va. App. 55 (2009), [...]
Workers’ Comp - Limitations - Remand
Published: March 18, 2010
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp
The commission erred in denying employer’s request for a hearing on its claim that employee filed his claim for benefits after the statute of limitations had run, and the Court of Appeals reverses and remand for a hearing on this issue and whether any tolling or estoppel provisions apply.
Sears Roebuck & Co. v. Cruse (Beales, [...]
Domestic Relations - GAL Appeal -JDR Nonsuit
Published: March 18, 2010
Tags: Domestic Relations, Judge Rossie D. Alston Jr., Virginia Court of Appeals
On appeal by a guardian ad litem, the Court of Appeals affirms a circuit court order holding that an order of nonsuit issued by the JDR court was not a final order or judgment within the meaning of Va. Code § 16.1-296, and therefore, the circuit court did not have subject matter jurisdiction over this [...]
Criminal - Grand Larceny - Valuation - Pressure Washer
Published: March 18, 2010
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals
An owner’s testimony that the pressure washer he inherited from his recently deceased grandfather was “brand new,” still in its original box, had had slight repairs but had only been used for a couple of hours prior to its theft, was sufficient to lay a foundation for his testimony that its value was well over [...]
Criminal - Felon In Possession - Sentencing Correction
Published: March 18, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
Although defendant contends the trial court erred in sentencing him to a mandatory five-year prison term for weapon possession under Va. Code § 18.2-308.2 because the evidence did not prove his prior conviction for a violent crime, the Court of Appeals says the trial court corrected the error when it ruled on defendant’s motion to [...]
Workers’ Comp - Slip & Fall - Extended Premises
Published: March 18, 2010
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp
A claimant who fell on icy ground as she returned from her unpaid lunch hour, exited the public street and walked past employer’s electronic card reader and gate that controlled access to the building’s paved driveway and underground garage, was on her employer’s “extended premises,” and is entitled to workers’ comp for injuries to her [...]
Workers’ Comp - Flight Attendant - Factual Dispute
Published: March 18, 2010
Tags: Judge D. Arthur Kelsey, Virginia Court of Appeals, Workers' Comp
In this workers’ comp case involving a flight attendant who rejected her treating physician’s opinion releasing her to full duty in favor of continued medical treatment that culminated in neck surgery and a finding of total disability, the dispute between the commission’s majority and dissenting members involves questions of fact outside the scope of its [...]
Workers’ Comp - Two Causes Rule - Shoulder Injury
Published: March 18, 2010
Tags: Judge Rosemarie Annunziata, Virginia Court of Appeals, Workers' Comp
The Court of Appeals rejects employer’s contention that the commission erred in concluding claimant was disabled and in granting temporary total disability and medical benefits, based upon the “two causes” rule.
The two causes rule addresses those cases where a disability has two causes: one related to the employment and one unrelated. Under this rule, full [...]
Domestic Relations - Appeals - Rule 5A:20
Published: March 18, 2010
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
Appellant wife failed to comply with Rule 5A:20 with references to a transcript or written record or listing any Questions Presented, and the Court of Appeals refuses to consider her claims about adultery and spousal support, and summarily affirms the trial court judgment.
Obst v. Obst (Per Curiam) No. 1649-09-4, March 16, 2010; Fairfax Cir.Ct. (Alden) [...]
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