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Opinion Digests

Criminal – Municipal – Zoning – Outside Storage (access required)

A city’s zoning ordinance prohibiting the outside storage of goods is not unconstitutionally vague in light of the entire statutory scheme; and defendant’s conviction for storing items, such as appliances, outside his business is affirmed. Defendant had numerous items, including ...

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Criminal – Cocaine Distribution – Evidence Of Sales (access required)

A defendant who stood up when police entered a home and ran into a bathroom, where he was discovered with an aspirin bottle containing cocaine residue is guilty of cocaine distribution. One witness testified that defendant made at least three ...

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Workers' Comp – Return To Work – Teacher – Job Description (access required)

The commission denied employer’s change-in-condition application because claimant’s limitations on lifting and standing for long periods were inconsistent with his job description as a teacher, and the decision is affirmed. The commission found that employer failed to prove that claimant ...

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Workers' Comp – Arising Out Of – Medical Payments (access required)

A city emergency services employee who hit her head on a car while traveling to take an employer-mandated drug screen is not entitled to workers’ comp because her injury did not arise out of her employment. No evidence proved that ...

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Workers' Comp – Injury By Accident – Heavy Lifting – Specific Incident – Medical History (access required)

A maintenance man’s testimony that he experienced a sharp pain that brought him to his knees while lifting an unbolted toilet during apartment renovation was not necessarily contradicted by his subsequent medical history that indicated discomfort over a three-week period ...

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Workers' Comp – Change In Condition – Limitations – Estoppel (access required)

An employer who agreed in writing, before the statute of limitations ran, to pay for a claimant’s arm surgery and related temporary total disability benefits, but who then delayed approval of the surgery until the statutory period for claiming the ...

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