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Opinion Digests

Criminal – Miranda Rights – Custody – Jail Common Area (access required)

Although defendant was in a West Virginia jail on a Virginia extradition warrant, he was not in “custody” when he gave a statement to police and consequently did not require Miranda warnings, and the police officer’s effort to “get to ...

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Workers' Comp – Change In Condition – Application Time-Barred – Employer's Voluntary Payments (access required)

The claimant’s change-in-condition application is not time-barred under Va. Code § 65.2-708 because the employer made a de facto award to claimant when it voluntarily paid benefits for more than 13 months, without executing a memorandum of agreement with claimant. ...

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Workers' Comp – Refusal Of Selective Employment – Psychological Injury (access required)

Medical evidence from two psychiatrist and a psychologist concerning work-related and non-work-related factors in claimant’s disabling psychiatric condition indicate the deputy commissioner erred in allowing compensation for the psychiatric condition. Both claimant’s treating psychiatrist and another psychiatrist who examined claimant ...

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Workers' Comp – Average Weekly Wage – Waitress – Bank Clerk (access required)

Although claimant argues that both her waitress job and her job as a bank clerk involve using a computer, we cannot find that the claimant’s work as a waitress and her work as a bank control clerk were similar positions ...

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Criminal – Sentencing – Armed Career Criminal – Weapons Cache (access required)

A defendant with a history of violent crime was properly sentenced to the mandatory minimum 15-year term under the Armed Career Criminal Act for his possession of 79 firearms after conviction of a felony. Defendant first challenges the constitutionality of ...

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Civil Rights – Schools – All-Male College – VMI (access required)

A poll of the court failed to produce a majority of the court in favor of rehearing. Chief Judge Ervin and Judges Hall, Murnaghan, Wilkins, Michael and Motz voted to rehear this case en banc; Judges Russell, Widener, Niemeyer and ...

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Administrative – Black Lung Benefits – Evidence – State Agency Report (access required)

In considering a coal miner’s claim under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., the Administrative Law Judge and the Benefits Review Board properly refused to admit into evidence a report by the West Virginia Occupational ...

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Tort – FTCA – Medical Malpractice – Accrual Date – Soldier's & Sailor's Act (access required)

A military father’s claim for medical expenses for his daughter’s permanent kidney failure arising from defendant military physicians’ alleged medical malpractice during surgery to remove an abdominal tumor is not time-barred because the father’s claim, which is not derivative of ...

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