Virginia Lawyers Weekly VA Lawyers Weekly

The Workers’ Compensation Commission correctly determined that it lacked jurisdiction to hear a claim by a medical provider against a shipyard and its insurer for payment of services rendered to the shipyard’s employee. Background The employee suffered a compensable injury ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers’ Comp

Even assuming, without deciding, that the trial court erred by admitting a 1989 rape conviction at appellant’s bench trial for three sex crimes, any error was harmless. The minor child’s testimony about appellant’s abuse was corroborated with a DNA test ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where the trial court included $800 for monthly child-care expenses in its child support award to mother, this was error because she did not actually incur the expenses. Overview Mother had primary custody of the parties’ three children.  She relocated ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Even though wife’s receipt of an inheritance was a changed circumstance, the trial court properly concluded that it did not warrant ending husband’s spousal support obligation. Facts The final divorce decree awarded wife $800 per month in permanent spousal support. ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

The Virginia Workers’ Compensation Commission correctly denied claimant benefits because none of claimant’s alleged employers were liable under the Workers’ Compensation Act. Overview Divino, the claimant, was injured while installing laminate flooring in a building, the Time Building, owned by ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers’ Comp

Where plaintiff husband petitioned for a rule to show cause, alleging that defendant wife violated the parties’ divorce settlement agreement, his later petition to end spousal support does not relate back to the show cause petition. Background The parties’ settlement ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard

Where the court has previously ruled that a healthcare provider has a private right of action under a statute that requires medical insurers to pay for emergency care without prior authorization regardless of whether the provided emergency services are in-network ...

Tagged with: Fairfax Circuit Court Insurance Judge Richard E. Gardiner Virginia Circuit Courts

An inmate who alleges North Carolina prison officials violated Bureau of Prison policy by delaying their response while he was being attacked by his cellmate had his suit reinstated because it was possible the officials’ conduct was not part of ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights

The dismissal order in a property dispute involving a right of way agreement and laying sections of pipeline was insufficient in that it did not explain why the suit was dismissed with prejudice, the reasons for that decision or whether ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge James A. Wynn Jr. Judge Paul V. Niemeyer

Although a company argued it was improperly held liable for the conduct of an alleged employee because of a faulty jury instruction, the alleged error was harmless. There was “extensive evidence,” independent of the alleged faulty instruction, showing the company ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Judge G. Steven Agee Negligence