Virginia's Judicial System


Appeals Granted


Case

CITY OF DANVILLE v. O. RYLAND TATE
(Record Number 140011)

From

The Circuit Court of the City of Danville; W. Alexander, II, J.

Counsel

James A. L. Daniel (Daniel, Medley & Kirby, P.C.) for appellant.

Michael A. Kernbach (Michael A. Kernbach, P.C.) for appellee.

Assignments of Error

  1. The trial court erred in ruling that the Virginia Workers' Compensation Commission had exclusive jurisdiction with regard to the enforcement of the City of Danville's ordinances.
  2. The trial court erred in ruling that it did not have jurisdiction to enforce the City of Danville's ordinances concerning an employee's sick leave benefits.
  3. The trial court erred in ruling that the City of Danville's payments of sick leave to employee Ryland Tate were voluntary in nature and not required by the City's ordinances.
  4. The trial court erred in ruling that the City was required to seek a credit from the Virginia Workers' Compensation Commission for sick leave payments or forfeit its right to enforce its own ordinances.
  5. The trial court erred in failing to exercise jurisdiction in the case at bar when it properly, concurrently exercised jurisdiction in a companion case which involved identical issues and had been consolidated for trial with the case at bar.

Date Granted

  04-28-2014