Tag Archives: Judge Clifford L. Athey Jr.

Employer waived review of alternate holding (access required)

Where the Workers’ Compensation Commission ruled, in alternate holdings, that the employee’s submissions of medical bills for payment by her employer were timely under two different sections of the relevant statute and the employer only appealed one of the holdings, ...

Read More »

Acceptance of divorce agreement waived appeal (access required)

Where appellant wife claims the trial court should have granted her a continuance and allowed her to introduce evidence concerning equitable distribution and determination of assets and debts, her acceptance of a settlement agreement that was incorporated into the divorce ...

Read More »

Equitable distribution and income rulings affirmed (access required)

Where the parties have made multiple assignments of error regarding the court’s rulings on equitable distribution, valuation of property and calculating income for child support purposes, the trial court’s rulings are affirmed. Husband’s appeal Husband asserts the trial court’s apportionment ...

Read More »

Medical center was properly denied certificate of need (access required)

The state health commissioner properly denied a regional medical center’s application for a certificate of public need, which the center sought so it could provide open heart surgery and cardiac catherization services. Background The Chesapeake Regional Medical Center sought to ...

Read More »

Protective order return of service not testimonial (access required)

Where appellant purchased a firearm while subject to a protective order, the return of service of the order was not testimonial and therefore not subject to the Sixth Amendment’s Confrontation Clause. As a result, appellant cannot challenge his misdemeanor conviction ...

Read More »