Even though the claimant, a city police officer, received notice of a statute that presumes heart disease is an occupational disease suffered in the line of duty, the statute’s two-year limitation in which to file a claim did not begin ...

Tagged with: Judge William G. Petty Virginia Court of Appeals Workers' Compensation

Where the commonwealth’s evidence showed that appellant was driving a car, and that a pill, which later proved to be Oxycodone, was found in a crumpled piece of notebook paper in the car’s console, this was insufficient evidence to sustain ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Where appellant’s counsel agreed to the trial court’s erroneous conclusion that it lacked jurisdiction to consider motions for a new trial, the approbate and reprobate doctrine prevents appellant from taking an inconsistent position on appeal – that the trial court ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Where a police officer told appellee on her front porch that she could either let him in and give her a package of drugs intended to be delivered to a prisoner or that he could get a search warrant, the ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Claimant had the burden to prove that the Virginia Workers’ Compensation Commission erred by accepting a permanent partial disability rating and a functional capacity evaluation endorsed by her treating physician to award her a 2 percent permanent disability. Claimant did ...

Tagged with: Judge William G. Petty Virginia Court of Appeals Workers' Compensation

Where the trial court granted wife a reservation to seek future spousal support, the record does not support husband’s claim that the reservation was incorrectly granted because wife’s “desertion and cruelty” was responsible for destroying the parties’ marriage. As an ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Even though husband earned more than wife, the trial court correctly denied her support request because husband did not have the ability to pay. Further, given that husband had to borrow $80,000 to pay for his divorce litigation, wife’s request ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

The trial court erred by not awarding retroactive child support because the applicable statute requires that child support liability be calculated from the date the proceeding commenced. Wife challenges the effective date of the court’s child support order. “[T]he trial ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Appellant’s transfer of road maintenance funds from a segregated account to his own business account was not an embezzlement because the funds were paid to him but not entrusted to him. Further, appellant’s notice to a property owner to pay ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Where a couple’s separation agreement provided that the husband was responsible for procuring and maintaining a specific medical coverage plan for the wife because the parties mistakenly believed that the wife would be eligible for coverage under that plan, the ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals