21R-10WC. Franjo Baric v. Velan Valve Corp.

CourtVermont
Vermont Workers Compensation 2010. 21R-10WC. Franjo Baric v. Velan Valve Corp Franjo Baric v. Velan Valve Corp.(October 1, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 21R-10WCBy: Sal Spinosa Hearing OfficerFor: Valerie Rickert Acting CommissionerState File No. Y-58658RULING ON DEFENDANT'S MOTION FOR RECONSIDERATIONDefendant moves for reconsideration of the Commissioner's August 5, 2010 denial of its motion to stay her previous ruling granting partial summary judgment to Claimant. In granting partial summary judgment to Claimant, the Commissioner assumed that the question whether he was concurrently employed at the time of his work-related injury was not genuinely disputed. With that in mind, the Commissioner concluded that the parties' failure to include Claimant's wages from concurrent employment in their average weekly wage calculation constituted a mutual mistake of fact. Therefore, the Commissioner held that the previously approved Agreement for Temporary Total Disability Compensation (Form 21) was not binding. She ordered Defendant to recalculate Claimant's average weekly wage, taking the concurrent earnings into...

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