27-11WC. Glenn Ashley v. R.E. Michel Co.

• Court: Vermont

Vermont Workers Compensation 2011. 27-11WC. Glenn Ashley v. R.E. Michel Co Glenn Ashley v. R.E. Michel Co.(September 19, 2011)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 27-11WCBy: Jane Woodruff, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File Nos. AA-51728; W-02517RULING ON DEFENSE MOTIONS FOR SUMMARY JUDGMENTAPPEARANCES:William Skiff, Esq., for Claimant Robert Cain, Esq., for Defendant U.S. Fire Insurance Co. David Berman, Esq., for Defendant PMA Insurance Co. Tammy Denton, Esq., for Defendant N.H. Insurance Co.ISSUE PRESENTED: Do genuine issues of material fact exist as to whether Claimant suffered any compensable work-related injuries during the periods of coverage provided by either PMA Insurance or N.H. Insurance Co.? FINDINGS OF FACT: For the purposes of these motions, the following facts are not disputed: 1.Claimant worked for many years at Vermont Paint Company. When he left that job in 2003, he complained of back pain. Claimant next worked for R.E. Michel Co., where he remained until August 5, 2008. 2.On August 24, 2004 Claimant suffered a low back injury while lifting an oil tank onto a cart. Defendant U.S. Fire Insurance Co. (U.S. Fire), R.E. Michel's insurance carrier at the time, accepted the claim (State File No. W-2517) as compensable and paid workers' compensation benefits accordingly. 3.From December 31, 2004 until December 30, 2007 Defendant PMA Insurance Co. (PMA) insured R.E. Michel. During this coverage period, on February 18, 2005 Claimant suffered a work-related injury to his cervical spine. Defendant PMA accepted this injury (State File No. W-58278) as compensable and paid workers' compensation benefits accordingly. 4.N.H. Insurance Co. insured R.E. Michel from December 31, 2007 through August 5, 2008, Claimant's last day of work for R.E. Michel. On that day, Claimant presented to his primary care physician, Dr. King, complaining of low back pain. Dr. King diagnosed degenerative changes in Claimant's lumbar spine, which she attributed to two work-related activities - riding in the R.E. Michel truck, which continuously jostled his back, and lifting. 5.After leaving R.E. Michel's employment in August 2008, Claimant filed a third workers' compensation claim (State File No.AA-51728). Claimant alleges that over time he suffered a gradual onset injury causally related to his work for...