Quantcast
Home / Opinion Digests (page 3531) /

Opinion Digests

Criminal – Habeas Corpus – Consecutive Sentences (access required)

The trial court erred in imposing sentences on two of petitioner’s criminal convictions to run consecutively, rather than concurrently, and petitioner’s original petition for a writ of habeas corpus is granted. The trial court’s first order, upon petitioner’s grand larceny ...

Read More »

Contract – Property – Sale Of Building Lots – Impossibility Of Performance – Area Sewer Capacity – Rule Against Perpetuities (access required)

Although the contract for the sale, over three-and-one-half years, of 382 building lots, was conditioned upon purchaser receiving certification from the county of the availability of sewer facilities, but purchaser could waive that contingency, and where the parties learned after ...

Read More »

Workers' Comp – Injury By Accident – Collateral Ligament Rupture (access required)

Where the police officer developed an “ulnar collateral ligament rupture” in the course of training exercises with a new firearm, and the repetitive motion of the thumb during the three-day training caused pain and swelling and eventually required surgery and ...

Read More »

Domestic Relations (309046) (access required)

Accounting For Rent There is no merit to appellant’s claim that the trial judge erred in bifurcating the settlement of the allotment from the accounting for rent required by this court’s earlier opinion in this case, 15 Va. App. 379 ...

Read More »

Workers' Comp – Overpayment For Mileage – Fraudulent Misrepresentation – Employer's Remedy (access required)

Where the injured employee has obtained an overpayment of benefits by fraudulently misrepresenting medical mileage, Va. Code § 65.2-718 empowers the commission to grant relief to the employer; however, because Va. Code § 65.2-712 is not applicable to compensation claims ...

Read More »

Criminal – Insanity Acquittee – Release From Mental Institution – Dangerousness – Hearsay (access required)

Where the former statute governing release of insanity acquitees from mental institutions required such an acquittee to be held in custody so long as she was either insane or dangerous, that statute was unconstitutional and defendant’s case is remanded for ...

Read More »

Workers' Comp – Statutory Employer – Prejudice From Untimely Notice (access required)

Although claimant did not notify his statutory employers, the general contractor and concrete subcontractor on a construction job, until over two years after his eye was injured, claimant had a reasonable excuse for his delay because he had notified his ...

Read More »

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

In view of developments in the law since this workers’ comp case alleging carpal tunnel syndrome was decided before the commission, we direct the commission to allow both parties the opportunity to present additional evidence concerning whether the condition is ...

Read More »