Monday, December 23, 2013

'Twas the Work Day Before Christmas


Article published Dec 23, 2013 as part of a monthly workers' compensation column in the Barre Time Argus and The Rutland Herald posted with permission

Workers’ Comp Corner: ‘Twas the work day before Christmas
By JOHN W. VALENTE


Twas two days before Christmas, when all though the corridors, the employees were hurrying to complete all the orders.


The call centers were busy, as the phones they would ring,

supervisors were shouting, “Making quota’s the thing!”



When out in the warehouse, there arose such a clatter,

folks looked up from their work, to see what was the matter.



The lights that shone down, on the shelves and the aisles,

outlined the best worker, lying flat on the tiles.



With a face that looked pained, and tears on a cheek,

it appeared she had slipped on some liquid that leaked.



“What happened? What happened? What’s that spill on the ground?”

“And look at the product, piled up all around.”



The supervisor took charge and helped out the worker,

he tried to figure out what had happened that hurt her.



And then in a twinkling, we heard all around,

the bells as they jingled, when the sleigh hit the ground.



It seems that ol’ Santa was watching the plight,

of the people at work in the warehouse that night.



He was dressed with a hard hat, and safety eye glasses,

as he strode though the doors and walked by the masses.



His face was concerned as he looked up and down,

while the ends of his mouth, descended down in a frown.



His eyes did not twinkle, his belly did not shake,

he realized at once, just what was at stake.



The first thing they did, was wipe the tears from her face,

and sent her off to the doctor to get checked, just in case.



He had them remove all the piles and clean up the spill,

making sure that they knew he meant them no ill.



But reminding each worker and supervisor, too,

that while it may be very busy, they know what to do.



Without making quota, good profits are rare,

but the more that we hurry the more we must care.
 


And watch for our safety and that of our friends,

while working together, for all of our ends.



He sprang to his sleigh, and nodded his head,

the reindeer shot forward, Rudolph’s nose glowing red.



But I heard him explain as he soared with his haul,

“Don’t forget to be safe, and Merry Christmas to all.”



John W. Valente is an attorney with Ryan Smith & Carbine in Rutland. He is the author of “Understanding Workers’ Compensation: Managing Workplace Injuries and Lowering Costs.”

Mileage Reimbursement Reduced to $.56 a Mile

The Department of Labor has announced that effective January 1, 2014 the Workers’ Compensation mileage reimbursement rate will be $.56 per mile. According to the Department's email the mileage reimbursement rate as determined by Rule 12.2100 is for "mileage traveled for medical treatment, to attend an employer's independent medical examination, or attend a vocational rehabilitation meeting, beyond the distance normally traveled to the workplace."  This is a slight reduction from the current rate of $.565. 
 
 

Monday, December 2, 2013

Department of Labor Bars PTD Claim Based on Statute of Limitations

The Vermont Department of Labor has granted summary judgment to an employer and denied a permanent total disability claim as being time barred by the statute of limitations. Labbe v. Lunenburg Fire District #2, Op. No. 25-13WC (November 26, 2013)

In Vermont a permanent total disability claim cannot accrue until "it becomes reasonably apparent, both medically and vocationally, that as a result of his or her work injury a claimant will most likely never be able to return to gainful employment." Labbe v. Lunenburg Fire District #2, Op. No. 25-13WC (November 26, 2013) (citing  Hoisington v. Ingersoll Electric, Op. No. 52-09WC (December 28, 2009)). In this instance over ten years had passed between the date three doctors opined that the claimant was "100 percent disabled", "essentially unemployable and 100 percent disabled" and "totally disabled" with "no functional work capacity" and the filing of the PTD claim.  Id. The Department concluded that the cumulative effect of those three opinions should have made it reasonably apparent that the worker will most likely never be able to return to gainful employment and "should have triggered her to take action to protect her rights." Id.