Return To Pre-injury Work The commission did not err in concluding that claimant was unable to return to his pre-injury work as a carpenter after injuring his hand on a table saw; the physician’s opinion on which the employer relied ...
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Domestic Relations – Pension – Determination Of Present Value 
The chancellor’s failure to determine the present value of the husband’s military pension prior to making an equitable distribution award requires reversal of the award and a remand of the case. Under Va. Code § 20-107.3(E)(8) (repealed in 1988), before ...
Read More »Criminal – Certificate Of Analysis – Opinion On Glass Origin 
A certificate of analysis should not have been admitted at defendant’s trial for robbing a department store because the certificate contained inadmissible expert opinion that it was unlikely that the analyzed glass found in defendant’s pockets came from any source ...
Read More »Criminal – Fair Trial – Defendant's Evidence Excluded 
Although the trial court refused to admit testimony of defendant’s mother and other witnesses concerning the details of an incident in his mother’s yard that allegedly preceded the victim’s fatal shooting to show defendant’s motive and intent in going to ...
Read More »Workers' Comp – Causation – Cervical Pain From Facial Injury 
Claimant’s medical records failed to demonstrate that his neck and shoulder pain was caused by his work-related facial injury three months earlier, which occurred when claimant was struck in the face with a “chuck key” while he was operating a ...
Read More »Workers' Comp – Claimant's Credibility – Inconsistent Statements – Causation 
Where claimant gave inconsistent accounts to medical providers of how an incident at work when he was accidentally hit in the back with a door knob might have affected his earlier back surgery, the commission did not err in concluding ...
Read More »Search & Seizure – Cocaine Possession – Defendant's Occupancy Of Searched Apartment – Parking Lot Stop 
Police officers who only suspected defendant was an occupant of a nearby apartment where the police were executing a search warrant did not have probable cause to seize the defendant in a nearby commercial parking lot, and the trial court ...
Read More »Workers' Comp – Head Injury – Weakness 
Claimant’s medical records did not demonstrate that the weakness she suffers on the right side of her body is a compensable consequence of her January 1990 accident in which she was struck in the left temple by a five-pound fiber ...
Read More »Domestic Relations – Equitable Distribution – Bifurcation Order Not Final 
The Court of Appeals has no jurisdiction to consider an appeal of an order bifurcating the divorce proceedings from the equitable distribution proceedings where the divorce has not been decreed nor has the equitable distribution been ordered. Appeal dismissed. Nenninger ...
Read More »Domestic Relations – Shared Custody – Definition Of 'Day' 
Although a father had a mid-week visitation with daughter in which she stayed overnight before he returned her to school the next morning, that visitation did not count as a “day” that would allow the father to meet the 110-day ...
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