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Opinion Digests

Administrative (313494) (access required)

Forfeiture Of Mining Reclamation Bonds The Division of Mined Land Reclamation was entitled to forfeit the entire amount of two reclamation bonds posted to obtain surface mining permits, not just the amount of the bonds required to remedy specific violations ...

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Workers' Comp – Occupational Disease – Skin Condition – LPN (access required)

Although the LPN believed that the skin rash around her chin and neck became worse when she was exposed to sprays and disinfectants at work, she has not provided sufficient evidence of cause and effect to obtain benefits. Based upon ...

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Employment – At-Will Doctrine – Public Policy Exception – Whistleblower – Government Contractor (access required)

An employee of a government contractor has stated a claim for wrongful discharge in violation of Virginia public policy by alleging that he was fired for disclosing “improper billing procedures” on a government contract at Fort Belvoir. In Bowman v. ...

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Domestic Relations – Husband's Reimbursement For Taxes – Pension (access required)

A husband is not entitled to reimbursement from wife for taxes he paid in connection with the wife’s agreed-upon share of the husband’s monthly pension benefits; nor must wife reimburse husband for a share of a tax deficiency incurred jointly ...

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Employment Discrimination – Race – Lockhart Claim (access required)

A fired employee can sue for wrongful discharge based on race discrimination under Lockhart v. Commonwealth Educ. Sys., 247 Va. 98 (1994); the 1995 amendments to the Virginia Human Rights Act do not bar this wrongful discharge action. Defendant has ...

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Zoning – Exhaustion Of Administrative Remedies – Zoning Appeal (access required)

A landowner’s failure to appeal a decision of the zoning administrator to the Board of Zoning Appeals results in dismissal of the landowner’s lawsuit. Under Va. Code § 15.1-496.1, any person aggrieved by any decision of the zoning administrator may ...

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

A sewing-machine operator at a Wrangler jeans factory is entitled to benefits for her carpal tunnel syndrome, which her physician has defined as a disease in accordance with Perdue Farms Inc. v. McCutchan. There is no evidence of causation outside ...

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Bankruptcy – Dalkon Shield Trust – Arbitration – Holdback Provision Of Administrative Order (access required)

Although claimants argue that under a 1991 administrative order from the bankruptcy and district courts responsible for administering the Dalkon Shield Trust, claimants may not proceed with either arbitration or litigation until the court has certified that the claims review ...

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