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Opinion Digests

Workers' Comp – Claimant's Relocation – Panel Physician (access required)

Although claimant relocated from Northern Virginia to the Tidewater area, she was not required to select a new treating physician from the employer’s panel. Claimant testified that even though she had moved from the Northern Virginia area she preferred to ...

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Domestic Relations (309068) (access required)

Pensions Although the husband contends the family court erred in awarding wife a percentage of husband’s pension, in setting the time wife shall begin receiving benefits from his pension, and in calculating the marital share of that pension, the final ...

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Workers' Comp – Subrogation Rights – Third-Party Settlement – Asbestos (access required)

Where the employer had knowledge of claimant’s third-party settlement of his common-law tort claim, which claimant settled prior to filing his comp claim for asbestosis, and the employer had an opportunity to enforce its subrogation rights but did not mention ...

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Criminal – Cocaine Distribution – Officer's Eyewitness Testimony (access required)

The trial court did not err in refusing to use defendant’s jury instruction stating that a police officer’s testimony should be evaluated for credibility in the same manner as any other witness’s testimony. Such an instruction would have been unnecessarily ...

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Domestic Relations – Termination Of Father's Parental Rights – Foster Care – Incarcerated Parent (access required)

The trial court did not err in terminating the father’s residual parental rights to daughter after the father voluntarily placed the child in foster care. The evidence proved that in the child’s first six months of life, the father visited ...

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Workers' Comp – Refusal Of Recommended Surgery – Conflicting Recommendations (access required)

Where the primary recommendation that claimant undergo an invasive surgical procedure for his knee injury came from a nontreating physician who examined claimant for the employer, and it is unclear from the record whether claimant’s primary treating physician also recommended ...

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Contract – Consideration – General Contractor – Joint Payment Agreement (access required)

Where a project’s general contractor entered into a “joint payment agreement” with a supplier to one of its subcontractors in which the general contractor agreed to issue jointly payable checks to the sub and the supplier for all sums due ...

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