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Opinion Digests

Workers' Comp – Change In Condition – Treating Physician's Opinion (access required)

Although claimant’s treating orthopedic surgeon stated there was “probably a 49 percent chance” that claimant’s present difficulties “came from the [original] accident,” the surgeon also stated that claimant never really “got well” after the earlier injury, and the record as ...

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Criminal – Grand Larceny – Value Of Stolen Jewelry (access required)

Testimony from the purchasers on the value of a stolen necklace and a stolen ring supported the defendant’s conviction of grand larceny. A pawnbroker who purchased the necklace for $55 stated that he normally paid one-third of actual value, and ...

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Workers' Comp (311231) (access required)

Rehabilitation Reimbursement The claimant, who previously worked as a debit agent, is not entitled to payment for rehabilitation services or additional education because the medical evidence establishes that he is able to return to his pre-injury employment. Denial of additional ...

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Traffic Offenses – Driving After HO Order – Mitigated Punishment (access required)

A defendant who pled guilty to driving after having been declared an habitual offender was entitled to be sentenced, at the commonwealth’s election, under more lenient misdemeanor sentencing provisions even though the more lenient provision only became effective between the ...

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Domestic Relations – Child Custody – Visitation Denial (access required)

Although the father claimed he was entitled to have custody of the parties’ daughter changed to him because the mother had intentionally withheld visitation, we cannot say the incidents cited by father demonstrate that the trial judge erred in finding ...

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Search & Seizure – Anonymous Phone Tip – Motel Room Search (access required)

Police acted illegally in entering a motel room based on an anonymous telephone tip on a 911 line that a woman was being held against her will in a particular room of a Richmond motel. The detective who received the ...

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Domestic Relations – Equitable Distribution – Business Valuation (access required)

A monetary award to a wife must be remanded because the trial court approved the commissioner’s use of an incorrect figure of $112,000 as the outstanding balance on the first deed of trust on real estate that the husband purchased ...

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Domestic Relations – Equitable Distribution – Retirement Benefits (access required)

A trial court did not err in awarding a husband and wife cross-interests in each other’s retirement plans. The parties had both contributed to the marriage in monetary and nonmonetary ways. In their property settlement agreement, the parties had reached ...

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Criminal – Possession Of Sawed-Off Shotgun – ID Of Gun (access required)

There was a sufficient foundation to admit a particular sawed-off shotgun at defendant’s trial under Va. Code § 18.2-300 because the robbery victim described the gun in detail, indicated his familiarity with guns and identified the gun as being similar ...

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