35-11WC. Timothy Martin v. Burlington Public School District.

• Court: Vermont

Vermont Workers Compensation 2011. 35-11WC. Timothy Martin v. Burlington Public School District Timothy Martin v. Burlington Public School District(November 2, 2011)STATE OF VERMONT DEPARTMENT OF LABORTimothy Martin v. Burlington Public School DistrictOpinion No. 35-11WCBy: Phyllis Phillips, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File Nos. Z-54128 and W-6342RULING ON CLAIMANT'S MOTION FOR SUMMARY JUDGMENT APPEARANCES:Christopher McVeigh, Esq., for Claimant Marion Ferguson, Esq., for DefendantISSUE PRESENTED:Is Claimant entitled to receive payment of permanent partial disability benefits referable to an injury for which he already has reached an end medical result at the same time that he is receiving temporary disability benefits referable to another injury, arising out of the same accident, for which he has not yet reached an end medical result?FINDINGS OF FACT: The following facts are undisputed: 1. Claimant suffered a personal injury by accident arising in the course and scope of his employment for Defendant on February 7, 2005. 2. As a result of this accident Claimant suffered a right hip injury, for which he underwent right total hip replacement surgery on November 11, 2006. 3. Defendant accepted Claimant's right hip injury as compensable. 4. Claimant subsequently developed a left hip condition, for which he underwent left total hip replacement surgery on October 28, 2010. 5. Defendant accepted Claimant's left hip injury as compensable. 6. At Defendant's request, Claimant underwent an independent medical examination with Dr. White on March 25, 2011. Dr. White concluded that Claimant had reached an end medical result for his right hip injury, and assessed him with a 30 percent whole person permanent impairment referable thereto. 7. Dr. White concluded that as of the date of his examination Claimant had not yet reached an end medical result for his left hip injury. 8. Claimant demanded that Defendant commence paying permanent partial disability benefits as compensation for the rated permanency to his right hip. Defendant refused. 9. Claimant is still receiving temporary total disability benefits on account of his left hip injury. DISCUSSION: 1. Claimant presents a purely legal issue for determination - whether a worker who is receiving temporary disability benefits for one injury related to a work...