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Opinion Digests

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

Where claimant had always worked as a seamstress, including her past two years’ employment with defendant, and she had no outside activities that could have caused carpal tunnel syndrome, the commission’s conclusion that she suffered from an occupational disease is ...

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Workers' Comp – Change In Condition – Causal Connection – Cure Of Rehab Refusal (access required)

Where defendant filed a change-in-condition application seeking reinstatement of benefits, the commission acted properly in inquiring whether the change was due to a condition causally connected with the injury originally compensated. We uphold the commission decision denying the application on ...

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Workers' Comp – Claimant's Third-Party Recovery – Employer's Setoff (access required)

Where claimant, a city employee, was injured in an on-the-job automobile accident and obtained a third-party tort judgment of $550,000 against the uninsured motorist who caused the accident, the self-insured city is entitled to a credit against continuing and future ...

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Domestic Relations – Attorney's Fees – Defense Of Child Abuse Petition (access required)

Where defendant county failed to timely appeal a juvenile court’s denial of the county’s petition to have appellant’s children declared to be abused and neglected, and the Circuit Court dismissed the county’s appeal as untimely, the Circuit Court was without ...

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Criminal – After-Discovered Evidence – Eyewitness Identification – Witness Credibility (access required)

Although there was evidence at defendant’s murder trial that another person nicknamed “Scooby,” and not defendant, who was nicknamed “Squeeky,” shot the victim, additional evidence discovered after defendant’s conviction, including the actual confession of “Scooby,” who was a juvenile at ...

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Property – Real Estate Sale – Fraud – Power Line Easement – Va. Consumer Protection Act (309808) (access required)

1994 V.C.C. (VLW 094-8-191) Fried v. Dunkerton Property Subdivision Declarations – Garage Setback – Property Owners Association Act Where the Wintergreen development in Augusta County provided no specific setback or yard-size requirements but only provided for approval of proposed construction ...

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Property – Residential Property Disclosure Act – Termite Damage (309824) (access required)

1994 V.C.C. (VLW 094-8-103) City of Manassas v. Board of Supervisors of the County of Prince William Municipal Interjurisdictional Transfer – City To County – Equitable Conversion Although the city and county in 1975 entered into a “transition agreement” providing ...

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Commercial – Guarantees – Statute Of Frauds – Signed Writings (access required)

Where the guaranty agreements signed by defendants do not include the name of the principal debtor whose debts and obligations were allegedly secured by each guaranty agreement, nor do the agreements make any reference to any other writings which contain ...

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Civil Practice – Nonsuit – Service Of Process – Refiling After Nonsuit Time-Barred (309856) (access required)

1994 V.C.C. (VLW 094-8-271) Stuart v. Stuart Domestic Relations Equitable Distribution – Spousal Support – Imputed Income Where wife was not employed outside the home during the parties’ 26-year marriage but was the primary homemaker and caretaker of the parties’ ...

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Property – Taking – Petition To Amend Certificate (309872) (access required)

1994 V.C.C. (VLW 094-8-256) Singh v. Gomar Domestic Relations Jurisdiction – Ex Parte Divorce Although wife (who lives in the State of Washington and has never lived with husband in Virginia, where he now resides and where he has filed ...

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