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Opinion Digests

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

The commission did not err in accepting the opinions of two independent orthopedic surgeons, over the opinion of claimant’s treating orthopedic surgeon, that claimant could return to his pre-injury work and that he did not need arthroscopic surgery. The commission ...

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Published Orders (312728) (access required)

Criminal Evidence – Victim’s Statement – Plastic Bag With Palm Print Reversing an earlier panel decision, the en banc court finds no error in the admission at defendant’s robbery trial of a victim’s statement, made during the robbery, that she ...

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Criminal – Marijuana Distribution – Guilty Plea – No Evidence Necessary (access required)

Defendant’s plea of guilty to conspiracy to distribute more than five pounds of marijuana obviated the need for the commonwealth to introduce evidence to support the plea, and the appellate court need not consider defendant’s claim that there was insufficient ...

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Domestic Relations – Equitable Distribution – Lump-Sum Award (access required)

A “lump sum award” of $30,000 to wife, whether intended as spousal support or equitable distribution, is reversed and the case remanded because the evidence does not prove the existence of $30, 000 in marital assets or marital debts to ...

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Criminal – Concealed Weapon – Pocket In Driver's Door (access required)

A conviction for carrying a concealed weapon in violation of Va. Code § 18.2-308 is affirmed based on the arresting officer’s testimony that he could not see the weapon when he approached defendant’s car, and that the weapon was located ...

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Unemployment Comp – Naming Defendant – Appeal Procedures (access required)

A trial court did not err in dismissing an employee’s appeal from a denial of unemployment compensation because the employee failed to file an appeal satisfying the requirements of Va. Code § 60.2-622. Claimant’s appeal did not name her former ...

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Workers' Comp – Ordinary Disease – Tennis Elbow – Snow Shoveling (access required)

A claimant who developed right lateral epicondylitis, or “tennis elbow,” while shoveling snow for two hours, and whose physician diagnosed her as suffering from an “occupational disease (injury),” is entitled to workers’ comp benefits. Claimant’s orthopedic surgeon also diagnosed her ...

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Traffic Offenses – DUI – Double Jeopardy – ALS – Remedial Statute (access required)

A driver whose license was administratively suspended under Va. Code § 46.2-391.2 may not be further prosecuted on a DUI charge under the Double Jeopardy Clause. “The remedial purpose of the statute is to effect the immediate removal of the ...

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Traffic Offenses – Habitual Offender – Predicate Offense – Local Ordinance More Lenient (access required)

A driver is declared an habitual offender despite his challenge to a predicate conviction under a local Prince William County ordinance that prohibited driving on a revoked or suspended license. The driver contends the conviction was invalid because the ordinance, ...

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Civil Practice – Venue – Refiling After Nonsuit – Physician Privileges (access required)

Although a plaintiff was required to refile his nonsuited wrongful death action in Richmond Circuit Court, venue in Richmond is no longer proper since defendant physicians have relinquished their staff privileges at a Richmond hospital for unrelated business reasons, and ...

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