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Opinion Digests

Criminal – Cocaine Possession – Drugs Thrown With Handgun (access required)

Although the pursuing police officer did not actually see defendant throw the candy dispenser when he threw the “chrome object,” which was a gun, into a residential backyard, the cocaine and bullets in the candy dispenser nevertheless were admissible because ...

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Criminal – Bank Robbery – 'Banking House' – Savings & Loan (access required)

A savings and loan association robbed by defendant qualifies as a “banking house” under Va. Code 18.2-93, and his conviction under that statute is affirmed. Technical distinctions in the definitions of “bank” and “savings and loan association” provided for regulatory ...

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Workers' Comp – Discovery Sanction – Exclusion Of Medical Evidence (access required)

The commission abused its discretion in striking claimant’s medical records as a sanction for the failure of claimant’s lawyer to confirm with claimant’s doctor the employer’s second scheduled deposition of the doctor. The employer’s lawyer already had traveled to Washington, ...

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Workers' Comp – Causal Connection – Janitor's Accidents (access required)

A janitor who was able to return to work after an August 1991 accident, who worked until he was fired in December 1991, and who sought no medical treatment for any symptoms related to the accident until October 1992, when ...

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Unemployment Comp – Misconduct – Refusal Of Alcohol Test – Reopening Hearing (access required)

The employer, the City of Danville, need not pay claimant unemployment benefits because of his discharge for misconduct, in that he refused to comply with his employer’s request for alcohol testing after two of claimant’s supervisors detected the smell of ...

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Domestic Relations – Desertion – Adultery (access required)

Although there may not have been “clear and convincing” evidence that wife committed adultery, the chancellor did not err in concluding that wife’s affairs and intention to leave the marriage established that the marriage failed because wife deserted the marriage. ...

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Workers' Comp – Change In Condition – Res Judicata (access required)

An employer’s application for a change in condition was not barred by res judicata because the issue of whether claimant could return to his pre-injury work was not litigated in an earlier proceeding, and the current application by the employer ...

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Workers' Comp – Refusal Of Selective Employment – Cure – Discharge For Cause – Drug Screen (access required)

An employer was entitled to terminate workers’ compensation benefits for a claimant who was discharged because he failed to pass a drug screen as a condition of employment. We hold that because claimant was terminated for cause, any subsequent wage ...

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