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Opinion Digests

Medical Malpractice – Therapist – Fornication – Duress (access required)

Although plaintiff, who alleges his female psychotherapist took advantage of his emotional state to initiate and maintain a sexual relationship with him, and that this relationship traumatized him, requiring that he undergo additional psychological treatment, plaintiff’s suit is not barred ...

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Domestic Relations – Child Support – Social Security (access required)

Where the father received a personal injury settlement and both he and his children began receiving social security disability benefits, the trial court, in modifying child support, did not err in refusing to regard the settlement as income and in ...

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Workers' Comp – Causation – Treatment For Pulmonary Condition – Res Judicata (access required)

In employer’s appeal of the commission’s decision requiring the employer to pay for claimant’s medical treatment for a pulmonary condition, we hold that the issue of whether the pulmonary condition was caused by the previous compensable accident was litigated in ...

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Criminal – Auto Theft – Attempt To Get Warm (access required)

Although defendant contends that when he took the car from in front of a nurse’s house where she had started the car prior to leaving for work on a cold December morning, he did not intend to keep the car ...

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Criminal – Unlawful Wounding – Sufficiency (access required)

There was sufficient evidence to convict defendant in a bench trial of unlawful wounding in violation of Va. Code § 18.2-51. Felton v. Commonwealth (Hodges) No. 2217-92-4, April 26, 1994; Alexandria Cir.Ct. (Kent) Stefan C. Long for appellant; Janet F. ...

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Workers' Comp – Claimant's Credibility – Notice Of Accident (access required)

The commission did not err in concluding, based on claimant’s lack of credibility, that he had failed to prove an injury by accident and that he had given timely notice of the accident to the employer. After reciting the inconsistencies ...

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Workers' Comp – Causation – Back Injury – Treating Physician (access required)

In determining whether claimant’s back injury was causally connected to his industrial accident, the commission was entitled to accept the opinion of one physician over that of the treating physician where the former physician filed a five-page report in which ...

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Criminal – Evidence – Familiarity With Handguns (access required)

Where defendant told the police and also testified that she was unfamiliar with handguns, other than the one her husband gave her in 1987, the commonwealth’s evidence that defendant had carried a handgun in 1967 and that she also owned ...

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