Tag Archives: Judge Robert J. Humphreys

Claimant awarded 24/7 home care by husband (access required)

Where claimant, a registered nurse, was attacked by a patient while working for her employer, the evidence supports the Virginia Workers’ Compensation Commission’s findings that the employer did not provide adequate care following the attack. The record also supports the ...

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Court improperly refused conspiracy jury instructions (access required)

Even though the circuit court correctly denied appellant’s motion to strike a charge of conspiracy to distribute drugs, her conspiracy conviction is reversed. The court should have given proffered instructions informing the jury about single buyer-seller relationships and under what ...

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Missing signature was reason to vacate award (access required)

Where the Virginia Workers’ Compensation Commission awarded claimant benefits after she filed an award agreement that was not signed by her employer’s representatives, the commission correctly vacated the award and denied claimant’s request to sanction the employer for not promptly ...

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

Where claimant injured his hip and suffered dog bite injuries while working for a swimming pool company, the evidence supports the Virginia Workers’ Compensation Commission’s conclusion that the hip injury resulted from the dog attack even though it did not ...

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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 ...

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Three directions: Court splits on confrontation challenge (access required)

(adistock/Deposit Photos)

The judges of the Virginia Court of Appeals went in three different directions in analyzing when a document – a signed proof of service – can take the place of live testimony to prove violation of a criminal statute. At ...

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