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Opinion Digests

Workers' Comp – Firefighter – Residual Work Capacity (access required)

A firefighter has not “removed himself from the labor force” and disqualified himself from continuing wage benefits under Va. Code § 65.2-402 by filing for disability retirement. “It is undisputed that the City never offered [claimant] a job within his ...

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Criminal – Murder Of Wife – Evidence Of Another Suspect (access required)

The trial court did not err at defendant’s trial for the first-degree murder of his wife in deciding pretrial to exclude defendant’s evidence attempting to show that another person was responsible for the murder; none of the evidence defendant offered ...

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Workers' Comp – Occupational Disease – Epicondylitis – Turkey Bagger (access required)

A woman who worked in a turkey-processing plant get workers’ comp benefits for her “right lateral epicondylitis,” which a medical dictionary defines as a “disease.” Epicondylitis is defined as “inflammation of the epicondyle or of the tissues adjoining the epicondyle ...

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Criminal (313464) (access required)

Unlawful Wounding Of Off-Duty Officer A defendant was properly convicted of “unlawfully wounding a law enforcement officer” even though the officer, at the time of the injury, was employed as a part-time security guard at a Virginia Beach hotel. At ...

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Criminal – Juvenile Intake System – Separation-Of-Powers Challenge (access required)

A juvenile defendant’s convictions of capital murder, robbery and use of a firearm are affirmed, despite his claims that the trial court erred in 1) exercising jurisdiction over the case when the juvenile intake system is facially unconstitutional under the ...

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Workers' Comp – Injury By Accident – Credibility – Groin Injury (access required)

A lawn-mower technician who claimed he suffered a groin strain and ultimately required surgery for a hernia after he lifted a 150-pound tiller into a customer’s vehicle is entitled to benefits. The technician testified that he sustained a groin injury ...

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Workers' Comp – Multiple IMEs – Good Cause Showing (access required)

The commission did not err in requiring claimant to undergo a second independent medical examination by an orthopedic surgeon in November 1994 after he had one in December 1992 by an orthopedic surgeon. As of July 1, 1993, Va. Code ...

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Traffic Offenses – Habitual Offender Proceeding – Double Jeopardy (access required)

Virginia’s Habitual Offender Act has a “remedial purpose” and declaring a driver an habitual offender on the basis of valid predicate convictions is not “successive punishment” that violates the Double Jeopardy Clause. A court’s analysis of the double-jeopardy issue in ...

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