30R-10WC. Arnold Griggs v. New Generation Communication.

• Court: Vermont

Vermont Workers Compensation 2010. 30R-10WC. Arnold Griggs v. New Generation Communication Arnold Griggs v. New Generation Communication(November 15, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 30R-10WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Valerie Rickert Acting CommissionerState File No. P-15250RULING ON CLAIMANT'S MOTION FOR RECONSIDERATIONClaimant moves for reconsideration of various aspects of the Commissioner's October 1, 2010 Opinion and Order in the above claim. Specifically, Claimant asserts that the Commissioner violated his due process rights by recalculating his compensation rate when neither party had raised this as an issue for hearing. Claimant also asserts that the Commissioner erred in not awarding penalties and interest. Determination of Claimant's Compensation Rate As to the first issue, 21 V.S.A. §606 mandates that "[q]uestions arising under the provisions of this chapter, if not settled by agreement of the parties interested therein with the approval of the commissioner, shall be determined . . . by the commissioner." Calculating a claimant's average weekly wage and compensation rate is a necessary component of determining the benefits to which he or she is entitled. The commissioner has not just the right but the obligation to determine whether the calculations are correct. It is true that in calculating Claimant's compensation rate in the current claim, the Commissioner interpreted the statute in a manner that differed from the way her designees may have applied it in the past. It is understandable that neither party would have anticipated that she would do so, and therefore neither would have seen fit to introduce evidence on the issue. I conclude that it is appropriate under the particular circumstances of this claim to remand the matter to the hearing officer so that the...