Where claimant suffered a compensable back injury, returned to selective employment with employer, was terminated for cause, then became totally disabled after a back operation, her termination for cause does not bar further wage loss benefit for claimant. Claimant suffered ...
Read More »Workers' Comp – Discharge From Selective Employment – Change In Condition
Workers' Comp – Medical Payments – Claimant's Settlement – Unauthorized Surgery 
Where claimant’s settlement on his work-related back injury provided for his medical payments to be covered for three years from the date of settlement, and an unauthorized physician recommended additional surgery four-and-one-half months prior to the expiration of this time ...
Read More »Workers' Comp – Marketing Residual Work Capacity – Parole From Prison 
Where claimant admitted that he had not looked for work since his parole from prison, and that he would be released from his community service job at a landfill, a condition of his parole, if he found regular employment, the ...
Read More »Workers' Comp – Causation – Permanent Partial Disability – Knee Injury 
Although the deputy commissioner’s March 1991 decision finding that claimant had failed to prove a compensable re-injury occurring in April 1990 had become final, claimant earlier had proven the underlying compensable injury that occurred in June 1989, and because claimant’s ...
Read More »Criminal – Cocaine Possession – Certificate Of Analysis 
Where defense counsel in this cocaine and heroin possession case was provided with the certificate of analysis in general district court more than seven days before his trial in Circuit Court, the court rejects defendant’s claim that he should have ...
Read More »Evidence – Chain Of Custody – Discrepancy In Description 
Although the undercover drug buyer at trial described the package of drugs received from defendant as “two white pieces of paper,” the trial court did not err in admitting into evidence another officer’s trial testimony describing the drugs as a ...
Read More »Domestic Relations – Military Pension – 10-Year Threshold 
Although a federal statute governing equitable distribution of military pensions provides that the parties must be married 10 years before the wife is entitled to receive a portion of a husband’s military pension directly from the federal government, the trial ...
Read More »Workers' Comp – Arising Out Of – Insurance Agent – Going & Coming Rule 
Where claimant, an insurance agent, at the time of the auto accident, was traveling to Fredericksburg for the employer’s sales meeting where he was expected to turn in the premium money he had collected that week, the sales meeting and ...
Read More »Traffic Offenses – Speeding – Accuracy Of Radar Device – 'True Copy' Of Certificate 
Where the commonwealth’s photocopy of its “Certificate of Tuning Fork Accuracy Test” was notarized, but the notary was not the custodian or in possession of the original document, the certificate was inadmissible at defendant’s trial for a speeding violation. Defendant ...
Read More »Domestic Relations – Equitable Distribution – Wife's Adultery 
Although the trial court stated that the wife “may be technically guilty of adultery,” he also noted that the evidence indicated “a marriage of long-suffering with problems on both sides,” and the judge did not abuse his discretion in awarding ...
Read More »