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Tag Archives: Administrative

CAV: Replacement WCC panel member was proper (access required)

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

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SCV: Prior retirement foreclosed line-of-duty benefits (access required)

A retired firefighter diagnosed with throat cancer – an occupational disease – was not a “disabled person” prevented from the further performance of his duties and, thus, was not entitled to continuing health insurance coverage. Background Plaintiff Eddie R. Jones Sr. was ...

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CAV: Contempt upheld for “junk” storage in backyard (access required)

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

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CAV: State worker had notice of benefit forfeiture (access required)

The Virginia Retirement System correctly held that a public employee forfeited credited service under the Workforce Transition Act when he resumed employment with the Commonwealth in a covered position. Background In 2009, after about 25 years of employment, Appellant Sundersingh ...

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4th Cir.: State drug convictions defeated court’s jurisdiction (access required)

An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on ...

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EDVA: Review framework may violate immigrants’ due process rights (access required)

In a defendant’s motion to dismiss his criminal indictment for illegal re-entry, he was entitled to some meaningful review of a deportation proceeding upon which his criminal prosecution was based. While he prevailed on his constitutional claim, he could not ...

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EDVA: Letter to EEOC didn’t exhaust administrative remedies (access required)

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

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EDVA: Letter to EEOC didn’t exhaust administrative remedies (access required)

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

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4th Cir.: State disability findings may deserve substantial weight (access required)

An administrative law judge erred in according little weight to a North Carolina Department of Health and Human Services determination that the Social Security claimant qualified as disabled. The ALJ also didn’t consider the limited extent to which the claimant ...

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