F-15947. Raymond v. Kwiniaska Golf Club.

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

Vermont Workers Compensation 1995. F-15947. Raymond v. Kwiniaska Golf Club March 1, 1995State File No. F-15947By: Sheldon A. Keitel Hearing Officer For: Mary S. Hooper Commissioner Opinion # 60-94C RICHARD A. RAYMOND v. KWINIASKA GOLF CLUBHeard in Montpelier, Vermont on October 6, 1994 Record closed November 3, 1994 APPEARANCES Beth DeBernardi, Esq. and Roger E. Kohn, Esq. for the claimant William A. O'Rourke, III, Esq. for defendant St. Paul Ins. Co. John Davis Buckley, Esq. for defendant New Hampshire Ins. Co. ISSUE Is claimant entitled to additional benefits pursuant to the Workers' Compensation Act? THE CLAIM 1. Temporary total disability compensation under for §21 V.S.A. §642 from September 21, 1991 to the present and continuing. 2. Medical and hospital benefits under 21 V.S.A. §640. 3. Attorney's fees under 21 V.S.A. §678. 4. Other benefits which the Act may provide. STIPULATIONS 1. At all relevant times, including April 20, 1985 and April 30, 1990, the defendant was an employer within the meaning of the Workers' Compensation Act. 2. As of April 20, 1985 and April 30, 1990, the claimant was employed by the defendant Kwiniaska Golf Club of Shelburne, Vermont, as a groundskeeper/laborer. 3. On April 20, 1985, New Hampshire Ins. Co. / American International Adjustment Company (A.I.A.C.) was the workers' compensation insurer/claims adjuster for the defendant. 4. On April 30, 1990, the St. Paul Insurance Company was the workers' compensation insurer for the defendant. 5. The claimant's date of birth was November 11, 1959. 6. On April 20, 1985, the claimant suffered a personal injury while lifting railroad ties during the course of his employment. 7. The employer filed a First Report of Injury (Form 1) on April 23, 1985. 8. On or about April 30, 1990, the claimant suffered a personal injury in the course of his employment while digging with a shovel. 9. On May 3, 1990, the defendant filed an Employer's First Report of Injury (Form 1). 10. The claimant's employment with Kwiniaska Golf Club was terminated on September 21, 1991. The claimant subsequently applied for and received unemployment benefits. See Defendants' Joint Exhibit A-VI. 11. Claimant filed a Notice of Injury and Claim for Compensation (Form 5) on February 15, 1993. 12. Claimant filed a Notice and Application for Hearing (Form 6) on May 22, 1993. 13. On March 25, 1993, A.I.A.C. notified the claimant's attorney that all benefits relating to the April 1985 injury (State File No. W-20816) had been paid and that claims for further benefits arising out of that injury were being denied. 14. On June 17, 1993, St. Paul Ins. Co. notified the claimant's attorney that claims for further benefits arising out of the April 1990 injury (State File No. C-24181) were being denied. 15. Judicial notice may be taken of the following documents in the Department's claim files: State File No. W-20816 Form 1 (dtd 4-23-85) Employer's First Report of Injury Form 10 (dtd 5-7-85) Certificate of Dependency Form 13 (rec'd 6-5-85) Affidavit/Payment of Compensation Form 21 (rec'd 5-21-85) Agreement for TTD Compensation Form 25 (dtd 5-3-85) Wage Statement State File No. C-24181 Form 1 (dtd 5-3-90) Employer's First Report of Injury Form 6 (dtd 5-22-93) Notice and Application for Hearing State File No. F-15947 Form 5 (dtd 2-15-93) Notice of Injury and Claim 16. The following documents were offered into evidence without objection:

Claimant's Exhibit 1 Medical records (indexed and tabbed)

Claimant's Exhibit 2 Deposition transcript 8-15-94 (Dr. Penar)

Claimant's Exhibit 3 Deposition transcript 8-9-94 (Dr. Upton)

Defendants' Exhibit A Medical records et al. (w/index and tabs)

Defendants' Exhibit B Billing statement for CT scan 11/26/93

FINDINGS 1. Stipulations 1 through 14 are true and adopted as findings. Judicial...