Jody Parks
v.
Norwich University
Opinion No. 07-21WC
Vermont Workers Compensation Decisions
State of Vermont Department of Labor
March 23, 2021
State
File No. MM-50308
Patrick L. Biggam, Esq., for Claimant
Jennifer K. Moore, Esq., for Defendant
Beth
A. DeBernardi, Administrative Law Judge
RULING
ON CROSS MOTIONS FOR SUMMARY JUDGMENT
Michael A. Harrington, Commissioner
ISSUE
PRESENTED:
Which
minimum compensation rate applies to Claimant’s claim:
the one in effect on the date of injury or the one in effect
on the date of disability?
EXHIBITS:
Claimant’s
Statement of Undisputed Facts
Defendant’s
Statement of Undisputed Facts
Defendant’s
Exhibit A: Notice and Application for Hearing (Form 6) filed
July 1, 2020
Defendant’s
Exhibit B: Minimum and Maximum Compensation Rates: Annual
Change
FINDINGS
OF FACT:
The
following facts are undisputed:
1. On
June 26, 2019, Claimant sustained a work-related injury.
See First Report of Injury (Form 1);
Defendant’s Statement of Undisputed Facts
(Defendant’s Statement), ¶ 1;
Claimant’s Statement of Undisputed Facts
(Claimant’s Statement), ¶ 1.
2. On
July 1, 2019, Claimant was first disabled from work due to
his injury. See Agreement for Temporary Compensation
(Form 32); Defendant’s Statement, ¶ 2;
Claimant’s Statement, ¶ 2.
3. The
minimum compensation rate on June 26, 2019 was $437.00, and
the minimum compensation rate on July 1, 2019 was $451.00.
See Exhibit B; Defendant’s Statement,
¶¶ 3-4; Claimant’s Statement,
¶¶ 3-4.
4.
Defendant prepared an Agreement for Temporary Compensation
(Form 32), reflecting its agreement to pay temporary
disability benefits calculated at the minimum compensation
rate as of the date of injury. The parties filed the
Agreement with the Department on October 2, 2019.
See Form 32; Defendant’s Statement,
¶ 5; Claimant’s Statement, ¶ 5.
5. The
Department’s specialist did not approve the Agreement
as filed. Rather, she changed it to reflect a minimum
compensation rate of $451.00, the rate in effect as of July
1, 2019, when Claimant first became disabled from his work
injury. She then approved the Agreement, as amended...
