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Opinion Digests

Workers' Comp – Occupational Disease – Carpal Tunnel (313351) (access required)

In evaluating claimant’s carpal tunnel syndrome, the commission did not err in accepting the opinion of one physician that claimant’s work merely aggravated her pre-existing carpal tunnel syndrome. The commission discounted another physician’s opinion because it was based upon an ...

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Jury & Jurors – Procedure For Peremptory Strikes – No Mistrial (access required)

A trial court did not err in applying the procedure for making peremptory strikes outlined in Va. Code § 19.2-262, even though this was a single-defendant trial. We agree that the provisions of subsection (4) of Code § 19.2-262 do ...

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Domestic Relations – Amendment Disallowed – No Abuse Of Discretion (access required)

The trial court did not err in refusing to allow husband to amend his bill of complaint to place the amount of child support in issue based on husband’s allegation that the agreed amount of support was no longer reasonable ...

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Workers' Comp – Occupational Disease – Remand For McCutchan (access required)

This court remands a workers’ comp decision for reconsideration of claimant’s condition as a compensable disease in light of our decision in Perdue Farms Inc. v. McCutchan, 21 Va. App. 65 (1995). Riddick v. Franklin City Public Works (Bray) No. ...

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Criminal – Appeals – Rule 5A:18 – Reference To Prior Sentences (access required)

Because defendant failed to raise the issue in the trial court, Rule 5A:18 bars this court’s consideration of defendant’s claim that the trial court erred in allowing the prosecutor to refer to sentences for defendant’s prior convictions while arguing during ...

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Workers' Comp – Injury By Accident – Lifting Mail Bag (access required)

A claimant’s statement that he felt a sharp pain in his back while lifting a bag of mail was sufficient to show that claimant suffered an injury by accident. We hold that there is credible evidence that, if believed, proves ...

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Criminal – Shooting From Vehicle – Tailgating Car (access required)

A motorist who stopped on a rural road late at night in front of another car, pointed his rifle out of the car and fired twice into the woods, cannot be convicted of “discharging a firearm from a motor vehicle ...

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Workers' Comp – Contractor As Statutory Employer – Unauthorized Carrier In Va. (access required)

The commission did not err in holding a contractor liable as an injured carpenter’s statutory employer since the carpenter’s immediate employer, who worked primarily in Maryland, used a Maryland carrier that was not authorized to provide workers’ comp insurance in ...

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Criminal – Appeals – Rule 5A: 18 – Motion To Set Aside Verdict (access required)

A defendant who did not move to strike the evidence at the conclusion of all the evidence did not preserve his challenge to the sufficiency of the evidence to convict him for cocaine distribution, according to the en banc court. ...

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