F-10964. Forgues v. Whitcraft North, Inc.

• Case Date: May 01, 1995
• Court: Vermont

Vermont Workers Compensation 1995. F-10964. Forgues v. Whitcraft North, Inc May 1, 1995State File No. F-10964By: Sheldon A. Keitel Hearing Officer For: Mary S. Hooper Commissioner Opinion # 46-94WC RUTH FORGUES v. WHITCRAFT NORTH, INC.Heard in Montpelier, Vermont on August 12, 1994 Record closed January 2, 1995 APPEARANCES David F. Kelley, Esq. for the claimant William A. O'Rourke, III, Esq. for the defendant ISSUE Did the claimant's asthmatic condition arise out of and in the course of employment? THE CLAIM 1. Temporary total disability compensation under 21 V.S.A. §642 from November 13, 1992 to the present and continuing. 2. Medical and hospital benefits under 21 V.S.A. §640 in the amount of $8,374.00. 3. Permanent partial disability compensation under 21 V.S.A. §648. 4. Attorney's fees. STIPULATIONS 1. The claimant, Ruth Forgues, was employed by the defendant, Whitcraft North, Inc., of Lyndonville, Vermont, as a machinist beginning in August, 1990, through November 13, 1992. 2. Claimant alleges she terminated her employment with Whitcraft North, Inc., on the advice of her physician and as the result of respiratory problems which arose out of and in the course of employment. 3. The defendant was at all times relevant to this claim an employer within the meaning of the Workers' Compensation Act. 4. On December 3, 1992, the employer filed an Employer's First Report of Injury (Form 1). 5. On December 9, 1992, the claimant filed a Notice of Injury and Claim for Compensation (Form 5). 6. Continental Loss Adjusting Services, Inc. (CLAS) was the claim handler for the employer/insurer. 7. On February 10, 1993, the claimant's attorney filed a Notice and Application for Hearing (Form 6). 8. The claimant's average weekly wage for the period of claimed disability was $280.80 and the corresponding compensation rate was $204.00. 9. The claimant was 38 years of age at the time she left the defendant's employ. The claimant's current mailing address is Box 403B Lake Road, Newport, Vermont 05855. 10. Judicial notice may be taken of the following documents in the Department's file relating to this matter: Form 1 Employer's First Report of Injury Form 5 Notice of Injury and Claim for Compensation Form 6 Notice and Application for Hearing Form 25 Wage Statement 11. The following documents were offered into evidence without objection: Claimant's Exhibit 1 North Country Hospital x-ray and lab reports 3/11/93 Claimant's Exhibit 2 Progress notes 3/29/93 - 4/14/93 (Dr. Bolton) (3 pages) Claimant's Exhibit 3 Patient Data Base System questionnaire (7 pages) Claimant's Exhibit 4 Vermont State Health Laboratory Report dated March 31, 1993 (2 pages) Claimant's Exhibit 5 Vermont Dept. of Employment and Training Medical Report 11/23/92 w/ attachments (Dr. Birge) (11 pages) Claimant's Exhibit 6 Dartmouth-Hitchcock Medical Center records 2/18/92 - 8/17/92 (14 pages) Claimant's Exhibit 7 Office notes 4/29/92 - 6/30/92 (Thomas Broderick, D.O.) (2 pages) Claimant's Exhibit 8 Letter 4/30/92 (Broderick - Whitcraft) Claimant's Exhibit 9 Letter 5/27/92 (Broderick - Jay Karpin) Claimant's Exhibit 10 Northeast Kingdom Health Center records...