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Opinion Digests

Search & Seizure (313414) (access required)

Auto Search Incident To Arrest Police had probable cause to stop the car in which defendant was riding, based on a tip from a reliable confidential informant about drug sales by two black men in a car with a specific ...

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Workers' Comp – Permanent Disability – Limitations (access required)

An application for permanent disability benefits was untimely even though the commission’s opinion erroneously specified the last date which claimant received benefits, which is the date from which the limitations period runs; we find nothing in the record to support ...

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Workers' Comp – Occupational Disease – Carpal Tunnel (313446) (access required)

Based upon our holding in Perdue Farms Inc. v. McCutchan, 21 Va. App. 65 (1995), we hold that claimant’s bilateral carpal tunnel syndrome is an occupational disease that can make claimant eligible for workers’ compensation benefits. Denial of benefits reversed ...

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Criminal – Furlough Escape – Limits Of Confinement (access required)

A defendant who was on work-release furlough but who tested positive for marijuana and was ordered by his parole officer to sit in the lobby of the parole office, and not to leave to “get something to eat,” can be ...

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Criminal – Revocation Of Suspended Sentence – Jurisdiction – Good-Behavior Credit (access required)

Although the trial court indefinitely suspended defendant’s heroin sentence in 1983 because the court hoped defendant would overcome his drug dependency, the court did not thereby lose jurisdiction to later revoke that sentence in 1994. After defendant pleaded guilty to ...

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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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