Tag Archives: Judge Robert J. Humphreys

Claimant did not market residual capacity (access required)

The Virginia Workers’ Compensation Commission correctly denied the claimant’s application for temporary partial disability benefits because he presented no evidence that he adequately marketed his residual work capacity. Overview Ashby, the claimant, suffered a work-related injury while working for BWX ...

Read More »

Prison guard’s termination for fraternizing upheld (access required)

Where the Virginia Department of Corrections discharged appellee corrections officer after determining she fraternized with a former prisoner, the circuit court incorrectly reversed the VDOC and awarded her $17,000 in attorney fees. Background Montgomery, the appellee, had worked as a ...

Read More »

Appellant was sufficiently identified as perpetrator (access required)

Even though photos of appellant were, according to the trial court, “practically useless,” a store clerk who observed him was able to verify his identity, and thus, there is sufficient evidence to sustain appellant’s convictions of statutory burglary, petit larceny ...

Read More »