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Opinion Digests

Workers' Comp – Refusal Of Selective Employment – Videotape Of Job (access required)

A videotape of the “palletizer operator job” offered by the employer to claimant and the comments of claimant’s physician about his job restrictions support the commission’s holding that claimant unjustifiably refused selective employment, and the denial of benefits is affirmed. ...

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Evidence – Handwriting Expert – Message On Soda Machine (access required)

A trial court did not err in admitting at defendant’s trial for the first-degree murder of his wife evidence of a threat written on a soda machine near where the wife had been observed making a telephone call and arguing ...

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Domestic Relations – Marital Residence – Sale Proceeds (access required)

Although the commissioner concluded that husband’s provision of funds to acquire and construct the marital home entitled him to an award of the home’s value twice the amount of the wife’s award, the commissioner also concluded that wife was entitled ...

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Workers' Comp – Return To Pre-Injury Work – Treating Physician's Opinion (access required)

The commission did not err in crediting the opinion of claimant’s regular treating physician that she could return to her pre-injury work, over the opinions of an orthopedic surgeon and a chiropractor. Denial of benefits affirmed. Good v. American Safety ...

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Workers' Comp – Occupational Disease – Carpal Tunnel (313450) (access required)

A garment worker who had to sew 300 dozen units of elastic on long underwear during each shift gets workers’ comp benefits for her occupational disease of bilateral carpal tunnel syndrome. Award affirmed. J.E. Morgan v. Enrights (Per Curiam) No. ...

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Rehearing Granted (313466) (access required)

On Nov. 29, 1995, the Virginia Court of Appeals granted a rehearing en banc in Graves v. Commonwealth, Record No. 0089-94-1, VLW 095-7-703. A digest of the original panel opinion appeared at 10 VLW 531, Oct. 23, 1995. The panel ...

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Criminal – Discovery – Prosecutor's Nondisclosure (access required)

The trial court erred in failing to set aside defendant’s conviction for abduction with intent to defile because the commonwealth failed to provide defendant with the victim’s earlier statement, which was exculpatory and inconsistent with the victim’s trial testimony. The ...

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Jury & Jurors – Driving After HO Order – Racial Bias – Peremptory Strikes – DUI Acquittal (access required)

At defendant’s trial for driving after having been declared an habitual offender, the trial court did not err in rejecting the prosecutor’s stated reason for striking a female African-American juror, that she had a personal friendship with defendant’s mother-in-law; while ...

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Criminal – Mini-Warehouse B&E – Co-Defendants' Testimony (access required)

A defendant who was convicted, based on testimony of his co-defendants, of attempted break-ins of nine units at a mini-warehouse storage facility, has convictions for attempted breaking and entering in the nighttime reversed. There is evidence that this defendant committed ...

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Domestic Relations – Stepparent Adoption – No Consent From Mother (access required)

The Circuit Court can hear this petition for a stepparent adoption over the objection of the child’s biological mother; the petition need not be transferred to Juvenile Court for a consideration of termination of the biological mother’s rights. Unlike petitions ...

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