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Commonwealth v. Barker
070720 Commonwealth v. Barker 04/18/2008 (Revised 04/24/2008) In a case concerning death and health insurance benefits provided to the surviving spouse of a law enforcement officer under the Line of Duty Act, …
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070720 Commonwealth v. Barker 04/18/2008 (Revised 04/24/2008) In a case concerning death and health insurance benefits provided t…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- April 18, 2008
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070720 Commonwealth v. Barker 04/18/2008 (Revised 04/24/2008) In a case concerning death and health insurance benefits provided to the surviving spouse of a law enforcement officer under the Line of Duty Act, the circuit court erred in making an award under Code § 9.1-402(A) since the evidence failed to establish that decedent's performance of his law enforcement duty was the direct or proximate cause of his death. However, the diagnosis of hypertension in the decedent's pre-employment physical examination is not a bar to use of the statutory presumption in Code § 65.2-402(B) because death by heart disease was a different medical condition. Thus, plaintiff is entitled to an award pursuant t…
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