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Opinion Digests

Workers' Comp – Medical Report – Rule 17 – After-Discovered Evidence (access required)

Where the employer failed to comply with Workers’ Compensation Commission Rule 17 by not filing with the commission a medical report from claimant’s treating physician that showed that claimant continued to be disabled beyond a certain time period, and the ...

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Workers' Comp – Statutory Employer – Notice Of Accident – Delay (access required)

Where the subcontractor’s employee was injured while working on residential construction, the builder, acting as general contractor, was the statutory employer of the injured worker. The uncontradicted evidence shows that the builder and the buyer entered into a written contract ...

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Labor & Employment – Unemployment – Willful Misconduct – Corrections Officer – Security Breach – Negligence (access required)

Although claimant, a former corrections officer at a maximum security prison, received three separate citations for failing to follow certain security rules and these breaches resulted in her dismissal, claimant’s actions constituted negligence at most, not the misconduct necessary to ...

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Workers' Comp – Back Injury – Prior Auto Accident – Ongoing Disability (access required)

Although claimant contended that his ongoing back problems were due to his February 1990 compensable industrial accident, claimant also had injured his back in a 1988 automobile accident and there were varying medical opinions concerning the origin of his subsequent ...

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Criminal – Search & Seizure – Warrantless Entry Into Hotel Room – Informant's Tip On Shooting – Reversal (access required)

Although an anonymous informant told police of shooting at rooms 16 and 42 of a particular motel, but the motel desk clerk had heard no shots and a consent search of one of the identified rooms revealed nothing amiss, the ...

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Criminal – Revocation Of Suspended Sentence – Jurisdiction (access required)

Where defendant was convicted of shoplifting prior to the expiration of the period of probation on an earlier grand larceny conviction, but the trial court’s order revoking the earlier probation was not entered until after the expiration of that period, ...

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Criminal – Sodomy – Proof Of Penetration (access required)

Where the 13-year-old victim, defendant’s step-granddaughter, testified that defendant placed his tongue on the outer lips of her vagina, but did not insert his tongue inside her vagina, this proof of penetration of the outer lips of the vagina and ...

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Criminal (308582) (access required)

Revocation Of Sentence Suspension Where defendant received a suspended five-year sentence for a 1985 conviction for fraudulent use of a credit card, the trial court’s 1992 order revoking suspension of the sentence was an improper exercise of the circuit court’s ...

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