Ryan Wetherby v. Donald P. Blake Jr. Opinion No. 02-16WC

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STATE OF VERMONT

DEPARTMENT OF LABOR

Ryan Wetherby Opinion No. 02-16WC

  1. By: Phyllis Phillips, Esq.

Administrative Law Judge

Donald P. Blake, Jr.

For: Anne M. Noonan

Commissioner

State File No. EE-65426

RULING ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY

JUDGMENT

APPEARANCES:

Christopher McVeigh, Esq., for Claimant

William Blake, Esq., for Defendant

ISSUE PRESENTED:

Did Defendant’s calculation of Claimant’s average weekly wage and

compensation rate in accordance with Workers’ Compensation Rule 15.4240

violate the parameters of 21 V.S.A. §650(a)?

EXHIBITS:

Claimant’s Exhibit 1: Wage Statement (Form 25)

Defendant’s Exhibit A: Wage Statement (Form 25)

Defendant’s Exhibit B: Proposed Workers’ Compensation Rules

FINDINGS OF FACT:

The following facts are undisputed:

  1. Claimant filed the pending workers’ compensation claim alleging a lower back

injury arising out of a June 24, 2013 work-related accident.

  1. Defendant’s workers’ compensation insurance carrier, Acadia Insurance

Company (“Acadia”), accepted the claim as compensable.

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