11-11WC. Kathleen Fosher v. Fletcher Allen Health Care.

CourtVermont
Vermont Workers Compensation 2011. 11-11WC. Kathleen Fosher v. Fletcher Allen Health Care Kathleen Fosher v. Fletcher Allen Health Care(May 5, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 11-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. W-02854OPINION AND ORDERHearing held in Montpelier, Vermont on February 9, 2011 Record closed on February 28, 2011APPEARANCES:Michael Green, Esq., for Claimant Stephen Ellis, Esq., for DefendantISSUE PRESENTED: To what amounts, if any, is Claimant entitled as mileage reimbursement for her travel to and from medical appointments necessitated by her work injury? EXHIBITS: Claimant's Exhibit 1: Kim Barcomb deposition, January 12, 2011 Claimant's Exhibit 2: Claire Lynn Fosher deposition, January 12, 2011 Claimant's Exhibit 3: Mileage calculation Claimant's Exhibit 4: Letter to Peggy Tucker, November 16, 2007 Defendant's Exhibit A: Letter from Rebecca Smith, February 17, 2010 Defendant's Exhibit B: First Report of Injury, September 29, 2004 Defendant's Exhibit C: Email communication from Rebecca Smith, March 1, 2010 Defendant's Exhibit D: Letter from Agnes Hughes, April 21, 2010 Defendant's Exhibit E: Letter to Agnes Hughes with attached mileage log, April 27, 2010 Defendant's Exhibit F: Medical record, January 19, 2004 Defendant's Exhibit G: Mileage calculation from Champlain to Plattsburgh, NY Defendant's Exhibit H: Mileage calculation, claimed vs. allowed Defendant's Exhibit I: Temporary Total Disability Agreement (Form 21) Defendant's Exhibit J: Medical records, September 2004 and August 2005 Defendant's Exhibit K: Letter from Michael Green, Esq., December 8, 2010 Defendant's Exhibit L: Letter from Michael Green, Esq., October 7, 2010 Defendant's Exhibit M: Mileage calculation, claimed vs. allowed Defendant's Exhibit N: Workers' Compensation Rule 12.2000 Defendant's Exhibit O: Kim Barcomb deposition, January 12, 2011 Defendant's Exhibit P: Claire Lynn Fosher deposition, January 12, 2011 CLAIM: Mileage reimbursement pursuant to Workers' Compensation Rule 12.2000 Costs and attorney fees pursuant to 21 V.S.A. §678 FINDINGS OF FACT: 1. At all times relevant to these proceedings, Claimant was an employee and Defendant was her employer as those terms are defined in Vermont's Workers' Compensation Act. 2. Judicial notice is taken of all relevant forms contained in the Department's files relating to this claim. 3. Claimant began working for Defendant in 1979. Her most recent job involved data entry for...

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