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).
Showing posts with label Temporary Total Benefits. Show all posts
Showing posts with label Temporary Total Benefits. Show all posts
Tuesday, March 4, 2014
Wednesday, October 2, 2013
Department Rules No Wage Replacement When No Wages are Earned Prior to TTD Period
If an
injured worker has not earned any wages at all during the weeks preceding a
period of total disability, then unless the failure to earn wages was the
result of an injury-related consequence rather than a personal choice, in most
cases no benefits will be due. Duffy v.
Sisler Builders, Op. No. 20-13WC (August 28, 2013), (citing See, e.g.,
Bacon v. Gerald E. Morrissey, Inc., Opinion No. 32-11WC (October 12, 2011);
Giacobbe v. Verizon, Opinion No. 72-05WC (December 30, 2005); Knoff
v. Joe Knoff Illuminating, Opinion No. 39-05WC (July 12, 2005); see
also, Plante v. State of Vermont Agency of Transportation, Opinion No.
19-13WC (August 22, 2013) (applying same analysis to compensation rate
computation for successive period of disability); Griggs v. New Generation
Communications, Opinion No. 30-10WC (October 1, 2010) (same)). There are exceptions as noted in Machia v. Comet Confectionary, Op. No, 32-07WC (December 4, 2007).
The Duffy decision can be found at the Department of Labor Website:
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