36-11WC. Estate of Monica Dunn v. Windham Northeast Supervisory Union.

• Court: Vermont

Vermont Workers Compensation 2011. 36-11WC. Estate of Monica Dunn v. Windham Northeast Supervisory Union Estate of Monica Dunn v. Windham Northeast Supervisory Union(November 15, 2011)STATE OF VERMONT DEPARTMENT OF LABOREstate of Monica Dunn v. Windham Northeast Supervisory UnionOpinion No. 36-11WCBy: Jane Woodruff, Esq. Hearing OfficerFor: Anne M. Noonan CommissionerState File No. AA-62904RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENTAPPEARANCES:Jennifer Moore, Esq., for Claimant Keith Kasper, Esq., for Defendant ISSUE PRESENTED: Is Defendant entitled to an offset under 21 V.S.A. §624(e) for the workers' compensation benefits paid and/or payable on account of Claimant's death from the proceeds of a life insurance policy? FINDINGS OF FACT: For the purposes of these cross motions, the following facts are undisputed:

1. Claimant was an employee and Defendant was her employer within the meaning of Vermont's Workers' Compensation Act.

2. On October 6, 2009 Claimant died from complications resulting from surgical treatment of a work-related knee injury. Defendant began paying workers' compensation death benefits to her estate accordingly.

3. At the time of her death Claimant had a life insurance policy that named her husband, David Dunn, as beneficiary. Mr. Dunn has collected death benefits from this life insurance policy since Claimant's death.

4. Claimant's life insurance policy provided for a lump sum payment upon proof of her death. The policy also provided for a payment to Claimant's children in the amount of $3,000.00 per child for a maximum of four years while they attend college.

5. Defendant seeks reimbursement of the death benefits it has paid to date, as well as a credit against future benefits, to the full extent of Mr. Dunn's receipt of life insurance proceeds.

DISCUSSION: 1. These cross motions present a purely legal issue for determination - in order to prevent a double recovery, does 21 V.S.A. §624 require reimbursement and offset for the workers' compensation benefits that Defendant owes on account of Claimant's death from the proceeds of her life insurance policy? As the material facts are not disputed, summary judgment is an appropriate vehicle for resolving this issue. SamplidEnterprises, Inc. v. First Vermont Bank, 165 Vt. 22, 25 (1996). 2. Vermont's workers' compensation subrogation statute, 21 V.S.A...