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Opinion Digests

Published Orders (312626) (access required)

Zoning Variance – Convenience Store Construction – Notice To Adjacent Owner A variance granted by the Virginia Beach Board of Zoning Appeals for construction of a convenience store is invalidated because no written notice was given to the owner of ...

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Domestic Relations – Spousal Support – Earning Capacity – Health (access required)

The trial court’s award of $400 per month in spousal support to wife is affirmed where husband had greater income and earning capacity and was in better health than wife. The commissioner in chancery found that husband had been the ...

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Workers' Comp – Return To Work – Benefits Terminated – Teacher (access required)

The commission properly terminated claimant’s benefits after concluding that she was able to return to her pre-injury work, based on the testimony of two independent medical examiners and claimant’s own testimony about her current activities. Claimant contends that the commission ...

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Workers' Comp – Ordinary Disease – Multiple Chemical Sensitivity (access required)

A physician who served as director of a medical center’s Gerontology Institute cannot recover workers’ comp benefits for her “multiple chemical sensitivity” developed after the center employed her in 1992. Claimant spent four hours in her office on the day ...

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Workers' Comp – Slip & Fall – Condition Of Employment (access required)

A woman who was taking a lunch break while sitting on stairs that had no landing or railing, and who fell off the side of the stairs when she arose to allow another person to pass into the employer’s building, ...

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Criminal – Probation Revocation Hearing – Hearing Schedule (access required)

Any failure to provide defendant with a preliminary hearing on the revocation of his suspended sentence is irrelevant because defendant had a full evidentiary hearing prior to revocation of his probation. After defendant was advised in writing of the probation ...

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