Paul Reis
v.
Windham Northeast Supervisory Union
Opinion No. 04-21WC
Vermont Workers Compensation Decisions
State of Vermont Department of Labor
February 16, 2021
State
File No. KK-63701
Paul
Reis, pro se.
David
A. Berman, Esq., for Defendant.
Beth
A. DeBernardi, Administrative Law Judge.
RULING
ON CROSS MOTIONS FOR SUMMARY JUDGMENT
Michael A. Harrington, Commissioner.
ISSUES
PRESENTED:
1. Is
Defendant entitled to judgment in its favor as a matter of
law on the question of whether Claimant sustained a
compensable low back and/or psychological injury arising out
of and in the course of his employment with Defendant?
2.
Alternatively, is Claimant entitled to judgment in his favor
as a matter of law on the question of whether he sustained a
compensable low back and/or psychological injury arising out
of and in the course of his employment with Defendant?
EXHIBITS:
Claimant’s
Exhibit 1-7:1 Social Security Administration’s
approval of Claimant’s disability benefits on September
29, 2018
Claimant’s
Exhibit 1-8: June 18, 2014 public records request
Claimant’s
Exhibit 1-10: August 24, 2020 letter from Claimant to the
Department
Claimant’s
Exhibit 1-11: October 26, 2017 letter from Attorney Massucco
to Defendant
Claimant’s
Exhibit 1-13: February 28, 2017 letter from nurse
practitioner Laura Lober
Claimant’s
Exhibit 1-14: August 1, 2018 payroll record
Claimant’s
Exhibit 1-15: July 26, 2008 prescription for Anaprox
Claimant’s
Exhibit 1-16: July 26, 2008 prescription for Valium
Claimant’s
Exhibit 1-17: August 14, 2020 formal hearing docket referral
memorandum
Claimant’s
Exhibit 1-19: Unfiled draft of Claimant’s Notice and
Application for Hearing
Claimant’s
Exhibit 1-20: August 7, 2020 letter from Claimant to the
Department
Claimant’s
Exhibit 1-26: June 30, 2003 letter from therapist Maggie
Comparetta
Claimant’s
Exhibit 1-27: January 4, 2018 letter from Attorney Massucco
to Claimant
Claimant’s
Exhibit 1-28: Same as Exhibit 1-13
Claimant’s
Exhibit 1-29: November 25, 2019 letter from Attorney Massucco
to the U.S. Equal Employment Opportunity Commission
Claimant’s
Exhibit 1-30: Same as Exhibit 1-26
Claimant’s
Exhibit 1-31: Same as Exhibit 1-13
Claimant’s
Exhibit 1-32: Same as Exhibit 1-27
Claimant’s
Exhibit 1-33: Same as Exhibit 1-29
Claimant’s
Exhibit 1-34: Medical records (nine pages)
Claimant’s
Exhibit 1-43: Claimant’s July 22, 2014 VOSHA complaint
Claimant’s
Exhibit 1-45: U.S. DOL information sheet on the
Williams-Steiger Act
Claimant’s
Exhibit 1-47: Same as Exhibit 1-11
Claimant’s
Exhibit 1-49: Warranty
Claimant’s
Exhibit 1-50: Handwritten list
Claimant’s
Exhibit 1-54: Same as Exhibit 1-15
Claimant’s
Exhibit 1-55: Same as Exhibit 1-16
Claimant’s
Exhibit 1-56: July 24, 2008 medical record of Dr. Griffiths
Claimant’s
Exhibit 1-57: Handwritten notes
Claimant’s
Exhibit 1-59: Defendant’s undated
Discrimination/Harassment Policy
Claimant’s
Exhibit 1-60: Claimant’s July 4, 2020 letter to the
Vermont Attorney General
Claimant’s
Exhibit 1-64: May 30, 2018 Vermont State Police Report, names
redacted
Claimant’s
Exhibit 1-66: August 27, 2020 record request to Vermont State
Police
Claimant’s
Exhibit 1-67: August 27, 2020 record request to Ms.
Comparetta
Claimant’s
Exhibit 1-68: September 14, 2020 letter from Claimant to the
Department
Claimant’s
Exhibit 1-71: Unpublished decision in Claimant’s appeal
of the Superior
Court’s
dismissal of his personal injury action against Ben &
Jerry’s Homemade, Inc., Paul Reis v. Ben and
Jerry’s Homemade and Liberty Mutual Ins. Co.,
Vermont Supreme Court Docket No. 2020-040 (May 1, 2020), p. 2
Claimant’s
Exhibit 1-72: Undated “open letter” from Claimant
to U.S. District Court Judge Geoffrey Crawford
Claimant’s
Exhibit 1-77: Claimant’s undated complaint to the
Vermont Attorney General
Claimant’s
Exhibit 1-78: Undated “open letter” from Claimant
to Vermont Superior Court Judge Michael Kainen
Claimant’s
Exhibit 1-79: April 25, 2018 letter from Attorney Massucco to
Claimant
Claimant’s
Exhibit 1-80: April 4, 2018 letter from Attorney Atwood to
Attorney Massucco
Claimant’s
Exhibit 1-82: March 27, 2018 letter from Attorney Massucco to
Defendant
Claimant’s
Exhibit 1-84: Medical records (10 pages)
Claimant’s
Exhibit 1-94: Same as Exhibit 1-34
Claimant’s
Exhibit 1-103 Same as Exhibit 1-84, pp. 84-85
Claimant’s
Exhibit 1-105: Same as Exhibit 1-84, p. 92
Claimant’s
Exhibit 1-106: Medical bills
Claimant’s
Exhibit 1-108: December 17, 2019 medical record of Vernon
Temple, DC
Claimant’s
Exhibit 1-109: Medical bills, insurance forms and out-of-work
notes
Claimant’s
Exhibit 1-115: Same as Exhibit 1-108
Claimant’s
Exhibit 1-116: Same as Exhibit 1-13
Claimant’s
Exhibit 1-117: Same as Exhibit 1-108
Claimant’s
Exhibit 1-118: March 26, 2019 medical record of Dr. Temple
Claimant’s
Exhibit 1-119: March 29, 2019 medical record of Dr. Temple
Claimant’s
Exhibit 1-120: Same as Exhibit 1-7
Claimant’s
Exhibit 1-121: Same as Exhibit 1-82
Claimant’s
Exhibit 1-123: Same as Exhibit 1-82
Claimant’s
Exhibit 1-125: Same as Exhibit 1-13
Claimant’s
Exhibit 1-126: Excerpt from Exhibit 1-84
Claimant’s
Exhibit 1-127: October 2, 2018 chiropractor invoice
Claimant’s
Exhibit 1-128: Same as Exhibit 1-82
Claimant’s
Exhibit 1-130: Same as Exhibit 1-26
Claimant’s
Exhibit 1-131: Claimant’s May 12, 2018 discrimination
complaint to the Vermont Attorney General
Claimant’s
Exhibit 2:2 December 9, 2017 paystub
Claimant’s
Exhibit 3: May 12, 2018 paystub
Claimant’s
Exhibit 4: June 13, 2018 letter from the Vermont State
Treasurer to Claimant
Claimant’s
Exhibit 5: Same as Exhibit 1-7
Claimant’s
Exhibit 6:3 November 2, 2020 letter from Claimant to
the Department
Defendant’s
Statement of Undisputed Facts filed October 23, 2020
Defendant’s
Exhibit 1: First Report of Injury (Form 1) filed May 10, 2018
Defendant’s
Exhibit 2: Claimant’s April 30, 2018 employment
resignation letter
Defendant’s
Exhibit 3: Department’s ruling on Defendant’s
Motion for Summary
Judgment
in Paul Reis v. Ben & Jerry’s Homemade,
Inc., Opinion No. 10-17WC (June 13, 2017)
Defendant’s Exhibit 4: June 30, 2003 letter from...
