STATE OF VERMONT
DEPARTMENT OF LABOR
Ryan Wetherby Opinion No. 02-16WC
- 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:
- Claimant filed the pending workers’ compensation claim alleging a lower back
injury arising out of a June 24, 2013 work-related accident.
- Defendant’s workers’ compensation insurance carrier, Acadia Insurance
Company (“Acadia”), accepted the claim as compensable.