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Opinion Digests

Workers' Comp – Medical Expenses – Myotherapist – Mileage Reimbursement (access required)

Where claimant, a nurse-midwife who injured her back in 1984, was referred by her own treating physician to a myotherapist for relief from continued muscular problems, the employer was obliged to pay for those treatments. It was incumbent upon claimant ...

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Workers' Comp – Independent Contractor – Drywall Hanger (access required)

Where claimant and the gypsum company owner stated that the company controlled where and when claimant was to show up for work, the company had trained claimant, provided equipment for claimant to use in hanging drywall, paid his wages on ...

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Workers' Comp (309147) (access required)

Refusal Of Selective Employment Where claimant had a full-time night job which paid $7 per hour, and a part-time evening janitorial job for another employer, paying $4.25 per hour, and claimant was injured at the day job, claimant was not ...

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Domestic Relations – Child Support – Multiple Decrees Consistent (access required)

Where the trial court’s 1988 child support decree left intact a 1981 decree setting child support at $100 per child, and the 1988 decree merely sets the terms of the payroll deduction for current support and for collection of arrearage, ...

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Civil Practice – Arbitration – Confirmation Of Award (access required)

Where plaintiff’s objections to submission of his dispute with defendant title company to arbitration already have been heard twice by this court, his additional objection to the submission, filed in response to the title company’s motion for confirmation of the ...

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Contract – Agency – Oral Contract – Expert Witness Fees (access required)

Although evidence indicated the attorney who requested plaintiff dentist’s trial testimony as an expert witness told the dentist he had “no problem” with the dentist’s fee of $2,000 per day, the attorney is not personally bound on an oral contract ...

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Civil Practice – Venue – Environmental Dumping – Convenient Forum (access required)

Where plaintiff has filled his suit in Chesterfield County, where one of the named defendants resides, and both parties have made cogent arguments as to why venue should remain in Chesterfield or be transferred elsewhere, the court is of the ...

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Criminal – Habitual Offender – DMV Record – Wrong Name (access required)

Although the certified driving record from the Department of Motor Vehicles incorrectly stated the name of another person on one page of the abstract, respondent has waived any potential jurisdictional defect arising from this omission by making a general appearance ...

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Domestic Relations – Parties' Settlement – Record Of Earlier Agreement (access required)

Where husband contends that the parties’ earlier settlement presented to the court provided for an equal division of marital assets and that the agreement as drafted by wife provides for an unequal distribution, but wife contends no equal division ever ...

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Property – Homeowner's Warranty – Statute Of Limitations (access required)

Although plaintiff homeowner has proven certain damages relating to installation of the home’s interior and exterior drain system and installation of light fixtures, all of which are covered by the homeowners’ warranty, the homeowner may not recover under the warranty ...

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