Quantcast
Home / Opinion Digests (page 3599) /

Opinion Digests

Workers' Comp – Discharge From Selective Employment – Non-Job-Related Health Problems (access required)

Although claimant who had accepted selective employment from her employer after her job-related injury, was terminated from the selective employment for her absenteeism due to health problems arising from an auto accident and not from the work-related injuries, claimant nevertheless ...

Read More »

Criminal – Concealed Weapon – Knife's Appearance (access required)

Where the trial court concluded that the broken spring-bladed knife which stuck out from defendant’s back pocket one-half to three-quarters of an inch was of such deceptive appearance as to disguise the weapon’s true nature, and defendant therefore was guilty ...

Read More »

Criminal – Driving After HO Adjudication – Alcoholic – Guardian Ad Litem – County Of Residence (access required)

Although defendant presented evidence from a psychiatrist concerning his severe alcoholism at the time he was adjudicated an habitual offender, defendant nevertheless may not challenge his prior habitual offender adjudication on the ground that he was entitled to appointment of ...

Read More »

Criminal – Embezzlement – Sufficiency – Tow Truck Driver (access required)

Where the victim was involved in an automobile accident with a tow truck belonging to defendant’s towing company, and defendant told the victim that he felt responsible for the accident and would take her car to her boyfriend’s house, but ...

Read More »

Workers' Comp – Appeals – Interlocutory Order (access required)

Where the deputy commissioner to whom this case was remanded still has not considered whether the late filing of the first report of accident prejudiced the case, and this determination may resolve this matter without the need to address the ...

Read More »

Workers' Comp – Temporary Total Disability – Injuries From Fall (access required)

Where the medical reports for claimant, a field representative for a health insurance company, disclosed no evidence that claimant’s regular employment duties exceeded the initial light duty restrictions placed on claimant, we cannot say as a matter of law that ...

Read More »

Evidence – Hearsay – Conspiracy To Distribute Marijuana (access required)

Where the evidence allowed a reasonable inference that defendant agreed to the conspiracy to import and distribute tons of marijuana from a site on the Eastern Shore of Virginia to defendant’s clam boat, the commonwealth established a prima facie case ...

Read More »

Domestic Relations – Spousal Support – Mortgage (access required)

Although the trial court did not explain what weight it gave each spousal support factor in Va. Code § 20-107.1, the court is not required to do so as long as evidence supports the award, as it does here. The ...

Read More »

Workers' Comp – Chiropractic Treatment – Referral – Authorized Physician (access required)

Where claimant’s chiropractor was identified as a treating physician in the employer’s first report filed with the commission, and claimant’s treating neurologist told him he should continue chiropractic treatment as long as it was helpful in alleviating his pain, claimant’s ...

Read More »