Sentence for Probation Violation Upheld

Employer Has ‘Bona Fide’ Safety-Rule Defense

By Deborah Elkins
Published: May 16, 2013
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

The Court of Appeals says a commercial laundry attendant with a prior back injury is barred from workers’ comp benefits for a later back injury because of his misconduct in failing to wear the back brace, despite the attendant’s claim that the employer did not enforce its back brace safety rule. The commission did not [...]

Parents who lost son denied visits with grandchild

By Deborah Elkins
Published: May 10, 2013
Tags: Domestic Relations, Judge Craig D. Johnston, Judge Randolph A. Beales, Prince William County Circuit Court, Virginia Court of Appeals News

A mother could cut off contact between her two-year-old son and his paternal grandparents, whose own son had joint custody of the child, but who died in an auto accident when the grandson was barely two years old. In a case it called “very sad and unfortunate,” the Court of Appeals upheld denial of the [...]

Sidewalk Fall Compensable

By Deborah Elkins
Published: May 9, 2013
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission decision holding compensable employee’s fall on an icy sidewalk outside the main entrance to her employer’s building: the commission correctly applied the extended premises doctrine. Nurse worked for employer over 15 years. One day in January, she fell on ice on a sidewalk outside the entrance to her [...]

Paternal Grandparents Denied Visitation

By Deborah Elkins
Published: May 9, 2013
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals affirms mother’s right to deny visitation with preschool-age grandson after moving out of paternal grandparents’ home after father’s death; mother is fit and grandparents failed to meet their burden under controlling case law to show actual harm to child; the trial court did not abuse its discretion in denying an intrusive [...]

Mother Paid from Father’s Appeal Bond

By Deborah Elkins
Published: May 9, 2013
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals affirms a trial court order directing release of $221,610 in appeal bond funds to the mother/appellee, in this dispute over the bond for the father’s appeal to this court over child support issues. Father and mother were married in New York in 1995, and had three children. The parties separated on [...]

Inadequate Assignment Dismissed

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial convictions for construction fraud under Va. Code § 18.2-200.1; defendant’s argument about statutory elements is waived under Rule 5A:18 for lack of presentation to the trial court; defendant’s sufficiency objection is inadequate under Rule 5A:12(c)(1)(ii) and must be dismissed absent a request for leave to amend, although [...]

‘Merger’ Doctrine Does Not Wipe Out Fee Award

By Deborah Elkins
Published: April 1, 2013
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

A father ordered to pay $27,312 as his share of his child’s fall 2010 college expenses cannot avoid the $20,000 attorney’s fee award the trial judge granted to mother for her pursuit of the college expenses under the couple’s PSA and divorce decree; the Court of Appeals rejects father’s claim that under the “merger doctrine,” [...]

Decree Modified to Enforce Vested Rights

By Deborah Elkins
Published: March 20, 2013
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals reverses and remands the trial court’s refusal to modify a final divorce decree to effect equalization of the parties’ retirement accounts by substituting another of husband’s retirement accounts after he secretly depleted the named account and committed suicide; the parties’ agreement incorporated in the final decree entitles wife to her attorney’s [...]

Second Carrier Covers Later Disability Benefits

By Deborah Elkins
Published: March 20, 2013
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers' Comp

In this coverage dispute between two workers’ compensation carriers, the Court of Appeals holds that the carrier that was liable for claimant’s most recent compensable condition was responsible for payment of claimant’s ongoing temporary total disability benefits. On all dates relevant to compensability, claimant was employed as an electrician for S&S Electric Inc. Until April [...]