 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lowell v. Rutland Area Visiting Nurses5/2/2000
ENTRY ORDER
In the above-entitled cause, the Clerk will enter:
Appellant's motion to dismiss the appeal and vacate the decision below is granted.
Jeffrey L. Amestoy, Chief Justice
John A. Dooley, Associate Justice
James L. Morse, Associate Justice
Denise R. Johnson, Associate Justice
Marilyn S. Skoglund, Associate Justice
Lowell v. Rutland Area Visiting Nurses Assoc. (Oct. 12, 1999)
STATE OF VERMONT DEPARTMENT OF LABOR AND INDUSTRY
Judith Lowell v. Rutland Area Visiting Nurses Association
State File No. L-04140
By: Amy Reichard Staff Attorney
For: Steve Janson Commissioner
Opinion No. 42-99WC
Heard in Middlebury, Vermont, on August 10, 1999.
Record Closed: September 7, 1999
APPEARANCES:
Beth Robinson, Esquire for claimant Judith Lowell
Christopher J. McVeigh, Esquire for employer Rutland Area Visiting Nurses Association
ISSUES:
Whether the claimant is barred from receiving workers' compensation benefits pursuant to 21 V.S.A. ยง 656.
EXHIBITS:
Claimant's Exhibit A: Medical Records
Defendant's Exhibit 1: Employee Daily Attendance Record
FINDINGS OF FACT:
1. Notice is taken of all forms filed with the Department in this matter. The exhibits are admitted into evidence.
2. At all relevant times in this case, claimant was an employee and defendant an employer, within the meaning of the Vermont Workers' Compensation Act.
3. Defendant has employed claimant as a licensed nursing assistant since March 1993. Serving in this capacity, claimant routinely traveled to the homes of clients in order to provide them with the necessary care.
4. On February 3, 1995, while claimant was en route between the homes of two clients, she was involved in a motor vehicle accident. Specifically, when she was stopped at a stop sign, claimant's vehicle was rear-ended by another automobile.
5. After the accident, claimant proceeded with her scheduled care visits. At the conclusion of her work shift, claimant returned to defendant's office. At that time, she informed Jo Short, an office scheduler, about the automobile accident that occurred earlier in the day when she was travelling between client's homes. Ms. Short is not claimant's supervisor. It is not clear from the record in this case if scheduler duties, during February 1995, included officially accepting, on behalf of the defendant, notice of workers' compensation injuries.
6. Ann Colvin, who is actually claimant's supervisor, was also present in the office at this time. However, she was on the telephone when claimant told Ms. Short about the accident. Claimant did not specifically inform Ms. Colvin about the accident and the circumstances surrounding it.
7. Claimant was aware that work injuries should be reported to a supervisor. Yet, she did not file a report with Ms. Colvin. As explained by claimant, she was simply unaware that an automobile accident injury, which was sustained while travelling between clients' homes on company time, qualified as a workers' compensation injury.
8. Following the accident, claimant's back began to feel sore. As such, she sought medical care on February 22, 1995 and she was prescribed pain medication. Thereafter, claimant continued to periodically seek medical treatment, including chiropractic manipulations in July 1995. Claimant also eventually began receiving physical therapy treatme
Page 1 2 3 4 5 6 Vermont Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|