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State court of last resort · ST-VA-SC

Commonwealth v. Barker

No. 070720Supreme Court of Virginia

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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The caption

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03
The source

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Current update

070720 Commonwealth v. Barker 04/18/2008 (Revised 04/24/2008) In a case concerning death and health insurance benefits provided t…

At a glance
Court
Supreme Court of Virginia
First added here
October 4, 2026
Last entry
April 18, 2008
Policy at issue

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Official docket

Case timeline

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Docket entry

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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