VERMONT WORKERS’ COMPENSATION UPDATE
JULY TO SEPTEMBER 2014
by Keith Kasper, Esq.
Lisa Brassard has returned to the WC Specialist II position at the Department
Flores-Diaz v. Joel Letourneau Drvwall, LLC., Opinion No. 10-14WC (Jul. 25, 2014)(Phillips HO).
Claimant, a New Hampshire Resident hired in Vermont and injured in Vermont brings NH workers compensation claim first but is denied but still on appeal within the NH WC system. Defendants’ motion for summary judgment for lack ofjurisdiction or in the alternative as forum non conveniens are denied as “the evidence establishing that Claimant was injured in Vermont while engaged in work activities on behalf of a covered employer, is undisputed. Jurisdiction over his workers’ compensation claim thus lies under §616.” Despite fact that witness are from NH rejected that while “I am mindful of Defendant’s claim that because Claimant initially chose New Hampshire as his forum they have already incurred defense costs there, some of which likely will be duplicated if he is allowed to proceed now in this forum. However, I am more concerned about implementing the public policy embodied in Vermont’s workers’ compensation law which affords protection to employees who are hired to work on Vermont jobsites. There being no alternative forum in which that policy can be effectuated, to dismiss Claimant’s action here would be inappropriate.”