33S-10WC. William Boyd v. Kennametal, Inc.

• Court: Vermont

Vermont Workers Compensation 2010. 33S-10WC. William Boyd v. Kennametal, Inc William Boyd v. Kennametal, Inc.(December 29, 2010)STATE OF VERMONT DEPARTMENT OF LABOROpinion No. 33S-10WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Valerie Rickert Acting CommissionerState File No. S-14574RULING ON CLAIMANT'S MOTION FOR SUPPLEMENTAL ORDER FOR LUMP SUM PAYMENTThe Commissioner previously decided this claim on November 10, 2010. The opinion determined that Claimant was permanently and totally disabled, and ordered that permanent total disability benefits be paid in accordance with 21 V.S.A. §645 commencing on May 18, 2008 (with credit for any permanent partial disability benefits paid since that date). Claimant now requests that the minimum amount payable under §645(a) - 330 weeks at the applicable compensation rate - be paid in a lump sum in accordance with 21 V.S.A. §652(b), and prorated in accordance with 21 V.S.A. §652(c). The purpose of the latter section is to protect a claimant's ongoing entitlement to Social Security benefits by minimizing the offset that otherwise would occur were workers' compensation permanency benefits not prorated over his or her life expectancy. In keeping with §652(b), Workers' Compensation Rule 19.3000 allows the commissioner to approve a claimant's request for lump sum payment of permanent disability compensation "if it is in the best interests of the claimant." The rule lists four "positive factors" to be considered in evaluating such a request:

19.3010 The claimant and/or the claimant's household receives a regular source of income aside from any workers' compensation benefit;

19.3011 The lump sum payment is intended to hasten or improve claimant's prospects of returning to gainful employment;

19.3012 The lump sum payment is intended to hasten or improve claimant's recovery or rehabilitation;

19.3013 The claimant presents other evidence that the lump sum award is in their best interests.

Workers' Compensation Rule 19.5000 states that a lump sum payment shall not be approved if:

19.5010 The award was based upon a hearing decision for which an appeal has been filed and the employer or insurer objects to the payment of the lump sum; or

19.5011 The claimant is best served by receipt of periodic income benefits; or

19.5012 The payment is intended to pay everyday living expenses; or

19.5013 The

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