Clifford v. Quantum Chemical Corp.  (Oct. 25, 1996)

                        STATE OF VERMONT

                DEPARTMENT OF LABOR AND INDUSTRY

     Todd Clifford                  File #: E-5901

               v.                

                                        Order

     Quantum Chemical

     Corporation         

1.   On August 8, 1995, the Commissioner issued a decision, Opinion No. 49-95WC, after formal hearing in the above referenced matter.

2.   Upon appeal from that decision to the Superior Court of Windham County, a jury having been charged with answering the question "What degree of permanent partial disability did Mr. Clifford have as a result of the injury he suffered at Suburban Propane on September 13, 1991?" responded that he suffered a 17% impairment to his spine and a 6% impairment to his right leg.

3.   Because he prevailed, the Court awarded Mr. Clifford the amounts specified, plus interest at the rate of 12% per annum on that portion of the award that remains unpaid, attorney's fees and plaintiff's cost of the action.

WHEREFORE, Cigna Insurance Company, or in the event of its default Quantum Chemical Corporation, is ordered:

1.   To pay the claimant, to the extent not already paid, permanency benefits equal to a 17% permanent impairment to the spine and a 6% permanent impairment to his right leg;

2.   To pay interest at the rate of 12% per annum on the amount paid pursuant to order (1); and

3.   To pay attorney's fees and costs as ordered by Windham Superior Court.

DATED at Montpelier, Vermont this 25th day of October 1996.

________________________________

Mary S. Hooper

Commissioner