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Opinion Digests

Workers' Comp – Slip & Fall – Store Stock Replenisher – Idiopathic Fall (access required)

Although claimant stated that he felt dizzy and fell at work as he was re-stocking store shelves with heavy boxes of laundry detergent, witness observations and medical testimony indicate claimant had a pre-existing seizure disorder and that disorder caused his ...

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Criminal – Drug Possession – Certificate Of Analysis (access required)

Although the police officer’s form requesting laboratory analysis of drugs seized from defendant identified “15 zip-lock baggies” of suspected marijuana, and the certificate of analysis identified “16” baggies, this discrepancy in the number of baggies did not invalidate the certificate ...

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Workers' Comp – Arising Out Of – Back Injury – Rising From Kneeling Position (access required)

A claimant who installed commercial floor covering and who testified that he experienced a “sharp pain” as he rose from a kneeling position to a half-crouch while reaching to retrieve tile is not entitled to workers’ compensation benefits. Claimant’s testimony ...

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Workers' Comp – Back Injury – Painter Bending To Sand Door (access required)

A painter who “felt a pop in his back” as he was bending over to sand a door, and who had to leave work because of the excruciating pain, is entitled to compensation. The painter’s uncontradicted testimony that he was ...

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Taxation – Shopping Center – Consideration Of Actual Rents – No Remedy (access required)

Although the taxpayer had demonstrated that the county’s assessments of his strip mall for the years 1989 through 1992 failed to consider “actual rents,” as required by the Virginia Supreme Court, the taxpayer’s expert witnesses failed to provide sufficient information ...

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Search & Seizure – Airport Search – Agent Boarding Plane (access required)

Although the plain-clothes DEA agents boarded defendant’s flight for the express purpose of asking to search her luggage, there was nothing in their conduct to suggest that she was required to submit to a search and her motion to suppress ...

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Criminal – Rape – Consent By Fraud (access required)

A defendant charged as a principal in the second degree to rape by fraud cannot be prosecuted under Va. Code § 18.2-61(A), and the indictment is dismissed. The defendant is allegedly a principal in the second degree to rape by ...

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