11-11WC. Kathleen Fosher v. Fletcher Allen Health Care.
Court | Vermont |
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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