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Opinion Digests

Domestic Relations – PSA – Foreign Service Pension – Waiver (access required)

A wife did not waive her right to a portion of her former husband’s retirement annuity under the Foreign Service Act of 1980, 22 U.S.C. § 3901 et seq., when she entered into a property settlement that made a “full ...

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Workers' Comp – Fraudulent Procurement – Claim Of Paid Testimony (access required)

The employer did not meet its burden of proving that claimant procured his workers’ comp by fraud based on a co-worker’s claim that he was paid by claimant for his favorable testimony. Based upon the 19-month period between the initial ...

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Domestic Relations (313403) (access required)

Custody Award To Nonbiological Father Although blood tests indicate the appellee is not in fact the biological father of the infant girl, he is identified as the father on the child’s birth certificate, and clear and convincing evidence established that ...

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Workers' Comp – Injury By Accident – Grocery Warehouse (access required)

Claimant, who “pulled orders” at a supermarket distribution center, established an injury by accident based on his testimony about suffering back pain when he stepped on a pallet while holding cases of soft drinks, and the pallet broke. The commission ...

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Workers' Comp – Occupational Disease – Carpal Tunnel – Tenosynovitis (access required)

A poultry-plant worker wins comp benefits for his occupational diseases of bilateral carpal tunnel syndrome and right-sided tenosynovitis. Tenosynovitis is defined as an “inflammation of a tendon sheath.” Using this general medical definition of tenosynovitis, as we did for carpal ...

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Rehearing Granted (313467) (access required)

Opinion Withdrawn On Nov. 27, 1995, the en banc court withdrew its Oct. 24, 1995, opinion in Murphy v. Commonwealth (VLW 095-7-731) digested at 10 VLW 598, Nov. 6, 1995. Upon rehearing, the court issued the following opinion in the ...

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Bankruptcy – Dischargeability Of Debt – Spousal Support – Parties' Intent (access required)

Where the property settlement agreement between debtor and his wife provided for his payment of the mortgage on what had been the marital residence, which she was to retain, as well as certain other employment-related insurance expenses and payment of ...

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Criminal – Mail Delivery Of Drugs – Defendant's Palm Print (access required)

Although police investigating the source of two packages of drugs sent anonymously to a university employee were able to identify a latent palm print of defendant, the employee’s ex-husband, on one of the packages, and although a forensic document analyst ...

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