(Download) "Rodman B. Montgomery III v. Brinver" by Supreme Court of Vermont * Book PDF Kindle ePub Free
eBook details
- Title: Rodman B. Montgomery III v. Brinver
- Author : Supreme Court of Vermont
- Release Date : January 07, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
On July 20, 1972, plaintiff-appellant, while in defendant-appellee's employ, suffered an injury which resulted in temporary total disability. On July 28, 1975, the plaintiff, defendant and defendant's workmen's compensation insurance carrier entered into an agreement, approved by the Commissioner of Labor and Industry, which provided for temporary total disability compensation ""for the whole period of such total disability."" The defendant's insurance carrier paid plaintiff for 330 weeks and terminated payments on October 15, 1978. On July 23, 1979, plaintiff sought a hearing, 21 V.S.A. 663, 664 , claiming that the payments, pursuant to 21 V.S.A. 642(a) and to the agreement, should continue until the disability ended. Defendant claims that, pursuant to 21 V.S.A. 643 , disability payments shall not continue beyond 330 weeks. The Commissioner of Labor and Industry, without holding an evidentiary hearing, ruled on December 10, 1981, that plaintiff's payments terminated after 330 weeks. It is from that ruling which plaintiff appeals. 21 V.S.A. 672. The Commissioner of Labor and Industry certified four questions for review, but because our ruling on the first question is dispositive of this appeal, it is not necessary to reach the others. The first certified question is: ""As a matter of law, is a workman, injured in a work-related injury on July 20, 1972, entitled to more than 330 weeks of compensation under Vermont's Workmen's Compensation Law, 21 V.S.A. 601 et seq.?""