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Opinion Digests

Workers' Comp – Causation – Slip From Roof – Aggravation Of Pre-Existing Injury – Multiple Injuries (access required)

Where claimant originally slipped on a roof in 1986 and twisted his back, his later falls were aggravations of his pre-existing injury, and he is entitled to benefits for his temporary total disability. Credible evidence supports the commission’s finding that ...

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Consumer Protection – Consumer Finance Act – Check-Cashing Service (access required)

Where defendant check-cashing service advanced funds to customers against post-dated checks, discounted by a particular amount, in exchange for full payment at a later time, these advances constituted loans which are subject to the Virginia Consumer Finance Act, Va. Code ...

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Negligence – Auto Accident – Scope Of Release – Summary Judgment (access required)

Although the release signed by the driver of one vehicle and a plaintiff purported to release that driver and her insurance company “and all other persons” from “any and all claims…whatsoever…growing out of any and all known” and unknown injuries ...

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Search & Seizure – Auto Stop – Wrong License Number (access required)

Where defendant’s vehicle initially came under suspicion when a police officer, performing a routine records check outside a restaurant, entered the wrong license number into his records and obtained information that the plate belonged on another model vehicle, but after ...

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Domestic Relations – Spousal Support – Equitable Distribution (access required)

Where the parties have accumulated over $400,000 in marital assets which will be divided evenly in the equitable distribution proceeding, but the wife’s precarious health make it unlikely that she will be able to work, because of that factor and ...

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Property – Municipal – Approval Of Subdivision Plan – Overhead Lines (access required)

Where the developer is suing the town because it contends the town had no legal authority to condition its approval of the developer’s subdivision plan on its burial of overhead power lines, the court sustains the town’s demurrer on the ...

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Domestic Relations – Oral Settlement – Necessity of Hearing (access required)

Although husband contends the trial court should hold a hearing to determine whether both he and wife intended to agree to the property settlement terms read into the record in court, such a hearing is unnecessary because husband’s response to ...

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Commercial – Civil Practice – Docketing – Mechanic's Lien – Necessary Party – Judgment Creditor (access required)

Although the clerk may have received and date-stamped the abstract of the stone company’s judgment against the property owner prior to the time the contractor filed his bill to enforce a mechanic’s lien, that judgment was not docketed at the ...

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Social Security – Pain Standard – Corroboration Of Pain – Effect On Daily Life (access required)

Although claimant contended she suffered disabling joint pain as well as headaches and pain from peptic ulcer and gastrointestinal disease, the Administrative Law Judge’s review of the impact this pain had on claimant’s daily life activities indicates the pain was ...

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