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Tag Archives: Judge William G. Petty

‘Approbate and reprobate’ doctrine bars new trial review (access required)

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 ...

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Claimant’s burden to prove shoulder impairment (access required)

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 ...

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Wife properly granted future support reservation (access required)

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 ...

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Retroactive child support award is mandatory (access required)

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 ...

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Divorce agreement reformed to provide wife with medical benefits (access required)

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 ...

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