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VIRGINIA DEPT. OF STATE POLICE v. ELLIOTT

Record No. 2042-05-4.

633 S.E.2d 203 (2006)

48 Va. App. 551

VIRGINIA DEPARTMENT OF STATE POLICE v. Douglas Dwayne ELLIOTT, Cross Country Construction and Ohio Casualty Insurance Company.

Court of Appeals of Virginia, Alexandria.

August 15, 2006.

Attorney(s) appearing for the Case

James O. Towey, Assistant Attorney General (Judith W. Jagdmann, Attorney General, on brief), for appellant.

Daniel E. Lynch (John T. Cornett, Jr.; Williams & Lynch, on brief), for appellees Cross Country Construction and Ohio Casualty Insurance Company.

No brief or argument for appellee Douglas Dwayne Elliott.

Present: KELSEY and McCLANAHAN, JJ., and BUMGARDNER, S.J.

KELSEY, Judge.

The Virginia State Police appeals an order of the Workers' Compensation Commission that compelled, pursuant to a subpoena duces tecum, the production of a criminal investigation file for an in camera inspection by a deputy commissioner. The VSP claims the commission violated Code § 52-8.3, which makes it a Class 2 misdemeanor to disclose the contents of an "ongoing criminal investigation" under certain circumstances.

The VSP...

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