The Vermont Department of Labor has affirmed its prior holdings that a claimant must provide a persuasive medical opinion to meet its burden of proof on medical causation. Meau v. The Howard Center, Op. No. 1-14WC (January 24, 2014).
The Department's opinion held that an expert, "merely stating a conclusion to a reasonable degree of medical certainty does not make it so." Meau v. The Howard Center, Op. No. 1-14WC (January 24, 2014), citing Seymour v. Genesis Health Care Corp., Op. No. 53-08WC (December 29, 2008). Even if the analysis of the Defendant's expert has weaknesses, the claimant's expert must still provide an opinion strong enough on its own to persuade the Commissioner. Specifically, when a medical provider claims medical literature supports the opinion proffered, there must be sufficient specificity for the finder of fact to evaluate the strength of the assertion. See, Meau v. The Howard Center, Op. No. 1-14WC (January 24, 2014).
Tuesday, March 4, 2014
DOL Rules Temporary Partial Benefits are Not Capped By Maximum Weekly Compensation
The Department of Labor has found that temporary partial disability benefits are not subject to the maximum weekly cap set forth in 21 V.S.A. §642. Pawley v. Booska Movers, Op. No. 2-14WC (February 19, 2014).
In the decision the Department noted the language differences in the statute. While the temporary total disability section of the statute includes specific language limiting temporary total benefits to "not more than the maximum nor less than the minimum weekly compensation," the temporary partial disability section of the statute has no such corresponding language. See, 21 V.S.A. §642; 21 V.S.A. §646. The decision notes, "Where the Legislature includes particular language in one section of a statute, but omits it in another section of the same act, it is generally presumed that the Legislature did so advisedly." Pawley, supra., citing In re Munson Earth Moving Corp., 169 VT 455, 465 (1999); see also, Archer v. Department of Employment Security, 133 VT 279, 281 (1975).
The plain language requires a finding that temporary total benefits are capped while temporary partial benefits are not. Pawley v. Booska Movers, Op. No. 2-14WC (February 19, 2014).
In the decision the Department noted the language differences in the statute. While the temporary total disability section of the statute includes specific language limiting temporary total benefits to "not more than the maximum nor less than the minimum weekly compensation," the temporary partial disability section of the statute has no such corresponding language. See, 21 V.S.A. §642; 21 V.S.A. §646. The decision notes, "Where the Legislature includes particular language in one section of a statute, but omits it in another section of the same act, it is generally presumed that the Legislature did so advisedly." Pawley, supra., citing In re Munson Earth Moving Corp., 169 VT 455, 465 (1999); see also, Archer v. Department of Employment Security, 133 VT 279, 281 (1975).
The plain language requires a finding that temporary total benefits are capped while temporary partial benefits are not. Pawley v. Booska Movers, Op. No. 2-14WC (February 19, 2014).
Vermont Department of Labor Launches New Website
The Vermont Department of Labor, Workers' Compensation Division has a new website. It is located at:
http://labor.vermont.gov/workers-compensation/
On the new website it is important to note:
Forms are located on the lower left of the website in the blue area marked "TOOLS".
http://labor.vermont.gov/workers-compensation/
On the new website it is important to note:
Forms are located on the lower left of the website in the blue area marked "TOOLS".
Wednesday, February 5, 2014
Adjusters' Continuing Education Dates Scheduled for 2014
The dates have been announced for the Vermont Department of Labor’s Workers’ Compensation Adjusters’ Continuing Education Conference. The conference will be held at the Hilton Hotel, Burlington, Vermont.
The dates are:
The spring conference is Thursday May 29 & Friday May 30th.
The fall conference is Wednesday October 29th and Thursday October 30th. The seminars begin at 12:30pm on the first day and finish at 5pm and runs from 8:30am until noon on the second day. Adjusters should note the fall conference is a Wednesday and Thursday conference, which differs from the past.
More information will be announced as the schedule is prepared.
The dates are:
The spring conference is Thursday May 29 & Friday May 30th.
The fall conference is Wednesday October 29th and Thursday October 30th. The seminars begin at 12:30pm on the first day and finish at 5pm and runs from 8:30am until noon on the second day. Adjusters should note the fall conference is a Wednesday and Thursday conference, which differs from the past.
More information will be announced as the schedule is prepared.
Thursday, January 23, 2014
Senate Hears Testimony on Independent Contractor Legislation
The Vermont Senate Committee on Economic Development, Housing and General Affairs recently heard testimony on S. 220, a jobs bill that includes a new definition of independent contractor.
Passage of the legislation would mean independent contractors are not subject to workers’ compensation if it can be proved that they meet a number of criteria.
On Wednesday morning Department of Labor Commissioner Annie Noonan responded to a question from a legislator and testified in favor of the legislation. In 2012, the Commissioner supported a similar proposal after working with representatives of labor and businesses around the state. Any formal testimony on the bill will be heard by the Senate Finance Committee which has jurisdiction over workers' compensation.
The text of the bill is located here: http://www.leg.state.vt.us/docs/2014/bills/Intro/S-220.pdf
Friday, January 3, 2014
Proposed Workers' Compensation Legislation 2014
When the Vermont Legislature heads back into session the week of January 6 there will be at least three new bills that could affect workers' compensation practice, procedure and premiums paid by employers. They are:
Senate Bill 0220
Provided that independent
contractors are not subject to workers’ compensation if it can be proved that
they meet a number of criteria similar to those set forth in House Bill
0170. The proposal also created a
classification of sole contractor. The text of the bill is located here: http://www.leg.state.vt.us/docs/2014/bills/Intro/S-220.pdf
Senate Bill 0233
Places a restriction on the
ability of an employer to obtain an independent medical examination to within a
50 mile radius of the employee’s residence.
The text of the bill is located here: http://www.leg.state.vt.us/docs/2014/bills/Intro/S-233.pdf
Senate Bill 0266
Adds the value of employer
paid health insurance premiums to the computation of “wages” received by a
worker. The text of the bill is located here: http://www.leg.state.vt.us/docs/2014/bills/Intro/S-266.pdf
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.”
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.”
Subscribe to:
Posts (Atom)