John West
v.
North Branch Fire District #1
Opinion No. 14-20WC
Vermont Workers Compensation Decisions
State of Vermont Department of Labor
September 3, 2020
State
File No. EE-61277
Robert
D. Mabey, Esq., for Claimant
William J. Blake, Esq., for Defendant
Beth
A. DeBernardi, Administrative Law Judge.
RULING
ON CLAIMANT’S MOTION FOR SUMMARY JUDGMENT
Michael A. Harrington, Commissioner.
ISSUE
PRESENTED:
Is
Defendant1 entitled to judgment in its favor as a
matter of law on Claimant’s claim for permanent total
disability benefits under the pre-amendment version of 21
V.S.A. § 644(a)(6)?
EXHIBITS:
Claimant’s
Statement of Undisputed Facts filed July 30, 2020
Claimant’s Exhibit 1: Claimant’s Affidavit dated
July 28, 2020
Defendant’s
Response to Claimant’s Statement of Undisputed Facts
filed August 4, 2020 Defendant’s Exhibit A:
Neuropsychological evaluation conducted by Nancy Hebben,
Ph.D.
FACTUAL
AND PROCEDURAL BACKGROUND:
1. On
March 14, 2013, Claimant sustained a compensable work-related
head injury and other injuries while working as
Defendant’s employee. West v. North Branch Fire
District #1, Opinion No. 10-19WC (June 11, 2019) (“West
I”), at Finding of Fact Nos. 1-2.
2.
Claimant has filed a Notice and Application for Hearing (Form
6) alleging that he is permanently and totally disabled as a
consequence of his March 14, 2013 work injury pursuant to 21
V.S.A. § 644(a)(6). That statute was amended effective
July 1, 2014. Claimant contends that the current version of
the statute applies to his claim. The current version deems a
disability caused by the following injury to be permanent and
total: “an injury to the skull resulting in severe
traumatic brain injury causing permanent and severe
cognitive, physical, or psychiatric disabilities.” 21
V.S.A. § 644(a)(6), effective July 1, 2014.
Claimant’s Statement of Undisputed Facts
(“Claimant’s Statement”) ¶ 3; see
generally West I.
3.
Defendant contends that the pre-amendment version of 21
V.S.A. § 644(a)(6) applies to this claim. The
pre-amendment version of the statute provides that a claimant
shall be deemed permanently and totally disabled if he or she
sustained “an injury to the skull resulting in
incurable imbecility or insanity.” 21 V.S.A. §
644(a)(6), effective prior to July 1, 2014. Claimant’s
Statement ¶...
