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.