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Vermont Workers' Compensation Update: January to March 2012

DEPARTMENT OF LABOR DECISIONS Touchette v Vermont Slate and Roofing , Opinion No. 1-12WC, 2012 VT Wrk. Comp. LEXIS 5 (Jan. 13, 2012). In 2007, Claimant, a New York resident, suffers a work-related back injury in Vermont with a Vermont employer. In 2009, Claimant has a new work related incident in...

Vermont Workers' Compensation Update: July to September 2012

DEPARTMENT OF LABOR DECISIONS Westover v North Country Hospital , Opinion No. 19-12WC (July 20, 2012). Claimant found to have CRPS, therefore not at medical end result. Defendant's IME opinions undercut in part due to lack of review of complete medical record. Furthermore, Defendant "waived...

Vermont Workers' Compensation Update: October to December 2012

VERMONT SUPREME COURT DECISIONS Estate of Dunn v. Windham Northeast Supervisory Union , 2012 VT 93 (2012) . Section 624(e) does not allow for reimbursement to the workers' compensation carrier for payment from life insurance policy "because such proceeds are not 'damages,' as contemplated...

VERMONT TOP CASES, powered by McCormick, Fitzpatrick, Kasper & Buchard, PC (updated 4/1/2015)

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist II. Ms. Mercier has an Associates of Science as a...

Vermont Workers' Compensation Update: January to March 2013

Note to Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. DEPARTMENT OF LABOR HEARING DECISIONS LeClaire v. Ford of Brattleboro Inc. , Opinion No. 1-13WC [ Opinion No. 1-13WC ] (Jan. 3, 2013). Defendant's attempt to terminate TTD benefits...

State-by-State Workers' Comp News Powered by Larson's (7/1/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. STATE NEWS: CA: State Fund Names Dr. Dinesh Govindarao as New Chief Medical Officer . CA: DWC Posts Changes to DMEPOS...

Vermont Workers' Compensation Update: April to June 2013

VERMONT SUPREME COURT DECISIONS Brown v W.T. Martin Plumbing & Heating, Inc. , 2013 VT 38 [ 2013 VT 38 ] (Jun. 21, 2013). Court reverses decisions of both the Commissioner and de novo bench determination (Judge Wesley) in determining that CRPS impairment ratings can be awarded pursuant to the...

State-by-State Workers' Comp News Powered by Larson's (7/29/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: Cases on Retaliation for Reporting Workplace Injuries Doubled in Last Decade . Humana...

State-by-State Workers' Comp News Powered by Larson's (8/12/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: Ninth Circuit Issues Decision on Intoxication Defense Under Longshore Act . IAIABC to Celebrate...

Vermont Workers' Compensation Update: June to September 2013

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. VERMONT WORKERS’ COMPENSATION UPDATE Lisa Brassard, WC Specialist II has left the Department to work for another agency within the State of Vermont. VERMONT...

National and State-by-State Workers' Comp News Powered by Larson's (12/9/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: Insurance Expert Lists Strategies for Battling Prescription Drug Abuse . NCCI Posts Calendar...

Vermont Workers' Compensation Update: October to December 2013

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. VERMONT DEPARTMENT OF LABOR DECISIONS Nguyen v. Best Foods Baking Co. , Opinion No. 22-13WC (October 2, 2013) Claimant’s ongoing Oxycontin medication regimen...

National and State-by-State Workers' Comp News Powered by Larson's (3/10/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Travelers Becomes Largest WC Insurer, Liberty Mutual Falls to Second Place . Benign Neglect: Is Failure to Follow Doc's...

Vermont Workers' Compensation Update: January to March 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Chadwick Best an Attorney from Michigan will be filling the vacant Specialist II position at the Department SUPERIOR COURT DECISIONS Marshall v State of Vermont...

National and State-by-State Workers' Comp News Powered by Larson's (5/12/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NCCI Announces “Balanced” Outlook for Current Workers’ Comp Industry . WCRI: Minimal Reduction in Long...

National and State-by-State Workers' Comp News Powered by Larson's (6/30/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. More Doctors Reviewing Injured Worker’s Genetic Makeup When Prescribing Drugs . Mark Walls Joins Safety National...

Vermont Workers' Compensation Update: April to June 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. DEPARTMENT DECISIONS Brodeur v Energizer Battery Manufacturing, Inc. , Opinion No. 6-14 (Apr. 2, 2014). Treating physician’s opinions as to proposed minimally...

National and State-by-State Workers' Comp News Powered by Larson's (9/29/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. New Study Finds Big Drop in Injury Rate When Mandated Nurse Staff Ratios Used . NCCI Posts Updated Experience Rating...

National and State-by-State Workers' Comp News Powered by Larson's (12/8/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. OSHA Reports 3 Million Workers Experienced Serious Injury or Illness on Job in 2013 . Three Compound Pharmacies Sue Express...

National and State-by-State Workers' Comp News Powered by Larson's (12/15/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Hospital Outpatient Costs Higher Where Percent-of-Charge-Based Fee Regs, No Fee Schedules . NCCI Develops Proof of WC...

Vermont Workers' Compensation Update: October to December 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The long awaited proposed re-write of the VT WC Rules has been unveiled and will be ready for public comment soon. DEPARTMENT DECISIONS Shaffer v First Choice Communications...

National and State-by-State Workers' Comp News Powered by Larson's (2/17/2015)

Doctors, Drug Companies Exploit Loopholes in Physician Dispensing . Gig Workers Seek Labor Protections, Benefits . Zurich 4Q Profit Drops 20 Percent . H.R. 994 Would Improve Workers Compensation for Uranium Mining . Affordable Care Act Raises Stakes for Worker Misclassification . AZ: High...

Vermont: Physician’s Use of AMA Guides’ DRE Method—Rather Than ROM Method—for Determining Impairment Did Not Support Reformation of Settlement Agreement

Where settlement in 2002 (via Vermont’s Form 22) of the PPD segment of a workers’ compensation claim was based upon a physician’s use of the AMA Guides’ Diagnosis Related Estimate (“DRE”) and, six years later, two different physicians indicated that it would have been...

Vermont: Agreement to Arrange for Impairment Rating Medical Visit Does Not Toll Statute of Limitations

The State of Vermont, as employer, did not waive the affirmative defense of statute of limitations when it agreed to claimant’s Fall 2010 request for an impairment rating related to his January 1996 work-related injury. While a lower court did err when it determined that Workers’ Compensation...

Vermont Workers’ Compensation Update: January to March 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist II. Ms. Mercier has an Associates of Science as a...