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Opinion Digests

Workers' Comp – Arising Out Of – Back Injury – Identifiable Incident (access required)

Where the medical report of claimant’s treating orthopedic physician stated that claimant hurt his back when he had a coughing attack while twisting and lifting a tray of doughnuts, the report is inconclusive as to which, if any, of the ...

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Domestic Relations – Child Support Arrearage – Husband's Auto Accident (access required)

Although the trial court abated husband’s child support obligation retroactive to April 1993, when husband received a lump sum SSI disability payment after he was severely injured in an automobile accident, the trial court did not abuse its discretion in ...

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Workers' Comp (310334) (access required)

Unauthorized Medical Expenses Where the commission earlier ordered the employer and its workers’ comp carrier to pay claimant benefits, including medical expenses, but the Guaranty Fund Management Service that later took over the claim administration for the insolvent comp carrier ...

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Traffic Offenses – Habitual Offender – Abstract – Summary DMV Records (access required)

Where the commonwealth in each of these six habitual offender proceedings relied on a summary statement of the respondent’s driving record provided in a report certified by the Department of Motor Vehicles, these DMV summary statements satisfied the statutory requirement ...

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Tort – Environmental – Negligence – Asbestos Removal – Noxious Fumes (access required)

Where plaintiff hotel seeks to recover for financial losses it allegedly suffered when asbestos removal at an adjacent building resulted in noxious fumes permeating the hotel property, forcing it to shut down a substantial portion of its operations during a ...

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Civil Practice – Discovery – Privileged Letters – Settlement Negotiations (access required)

In this suit involving an alleged restructuring of a commercial real estate transaction, certain of defendants’ letters are privileged and need not be produced for discovery because they contain offers to settle pending or threatened litigation. The court reviewed the ...

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Medical Malpractice (access required)

Venue Transfer After Panel Appointment Where a defendant has requested a medical malpractice review panel under Va. Code 8.01-581.2, that pending request precludes the court from acting on a defense motion to transfer venue from Richmond to Staunton for reasons ...

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Domestic Relations – Child Support – Credit For Visitation Expense (access required)

Although the trial court may have erred in earlier allowing certain items, such as gifts and clothing, as visitation expenses, the court will allow the father’s automobile mileage as an appropriate visitation expense, and the mother likewise is allowed some ...

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Attorneys – Fees – Sovereign Immunity – Tax Refund (access required)

Although plaintiff law firm’s representation of a class of federal retirees resulted in the General Assembly’s establishment of a “settlement fund” for the retiree’s recovery of illegally collected income taxes, the firm’s efforts to obtain a fee award from the ...

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