Larry Sweetser v. Vermont Country Camper (November 4, 2009)
STATE OF VERMONT
DEPARTMENT OF LABOR
Larry Sweetser Opinion No. 36A-09WC
v. By: Jane Gomez-Dimotsis
Hearing Officer
Vermont Country Camper
For: Patricia Moulton Powden
Commissioner
State File No. R-07286
AMENDED ORDER
The Order which issued in the above claim is hereby amended as follows:
ORDER:
Based on the foregoing findings of facts and conclusions of law, Defendant is hereby ORDERED to pay:
1. Medical benefits totaling $7,384.51;
2. Temporary total disability benefits commencing on January 15, 2004 and ending on January 30, 2004 payable at the rate of $721.43 per week;
3. Permanent partial disability benefits in accordance with a 9% whole person impairment rating; a total of 36.45 weeks, the first 21.5 weeks payable at the rate of $721.43 per week and the remaining 14.95 weeks payable at the rate of $745.96 per week;
4. Interest on the above amounts in accordance with 21 V.S.A. §664; and
5. Costs and attorney fees in accordance with Conclusion of Law No. 16 above.
6. The benefits paid pursuant to Paragraphs 3 and 4 of this Order constitute compensation for a permanent impairment that will affect Claimant for the rest of his life. Therefore, although paid in a lump sum, the award shall be pro-rated over the Claimant’s life expectancy. Claimant’s life expectancy as of the date of end medical result (August 22, 2005) was 24.7 years, or 296.4 months. After payment of attorney fees of $15,900.45, Claimant shall be entitled to an award of $39,299.73. This shall be considered to be $132.59 per month for the remainder of Claimant’s life.
DATED at Montpelier, Vermont this 4th day of November 2009.
Patricia Moulton Powden
Commissioner
