Quantcast
Home / Opinion Digests (page 3527) /

Opinion Digests

Workers' Comp – Occupational Disease – Firefighter – Two-Year Limitation – Report Of Hypertension (access required)

A Roanoke firefighter’s failure to file for benefits within two years of his physician informing him that the stress of his job aggravated his hypertension bars his claim for benefits under Va. Code § 65.2-406. Claimant’s treating physician restricted claimant ...

Read More »

Insurance – UIM – Stacking – Driver & Passenger Policies (access required)

A plaintiff passenger injured in a one-car collision may “stack” the underinsured motorist coverage under the driver’s policy on top of her own UIM coverage in order to determine the extent to which the driver’s vehicle was underinsured. The principal ...

Read More »

Domestic Relations – Rehabilitative Alimony – One-Year Time Limit (access required)

A trial court revises its earlier order allowing wife spousal support of $450 per month for a period of one year; the support award will be the same as previously granted, but without the fixed limitation of one year. By ...

Read More »

Domestic Relations – Custody – Mother's Bipolar Disorder (access required)

A mother who has bipolar disorder and takes lithium to control it is not per se an unfit parent; because the father has not established that the mother’s illness and treatment have had a negative impact on the children, the ...

Read More »

Commercial – Promissory Note – Assignment – Default Not Alleged (access required)

The buyers of stock are entitled to a demurrer in the sellers’ suit for payment of a note and under an agreement because one buyer did not sign either document and the sellers did not define what constituted default by ...

Read More »

Domestic Relations – Divorce Grounds – Cruelty – Alcoholism & Bulimia (access required)

A wife’s persistent refusal to be effectively treated for her alcoholism and bulimia, and her humiliation and harassment of, and threats against her husband, constitute cruelty sufficient to award the husband a divorce. I conclude that wife’s conduct over a ...

Read More »

Domestic Relations – Spousal Support – Marital Debt (access required)

Upon the divorce of a 29-year-old unemployed school teacher and a 34-year-old owner of a computer software company, the court orders the husband to pay the unemployed wife $500 per month as alimony until she remarries, the parties to divide ...

Read More »

Workers' Comp – Misrepresentation Of Condition – No Limitations – Truck Driver's Head Injury (access required)

Although a trucking company relied on claimant’s misrepresentation that he had no physical limitations in order to hire him, there is no evidence the company’s reliance caused claimant’s actual injury: being struck in the forehead by a paper mill roll. ...

Read More »

Workers' Comp – Willful Misconduct – Traffic Citation (access required)

Although claimant initially received a traffic citation for failure to yield the right-of-way in the collision between a truck and the handicap van driven by claimant, the charge was dismissed by the court and therefore cannot be a willful violation ...

Read More »

Workers' Comp – Causation – Reinstatement Of Award – Back Re-Injury (access required)

A claimant’s award is reinstated because he was performing his pre-injury employment after his earlier back injury, but he cannot perform those duties after a re-injury, and there was no evidence of any superseding, intervening event to account for his ...

Read More »