Tuttle v. Miller Chevrolet  (Dec. 10, 1996)


STATE OF VERMONT
DEPARTMENT OF LABOR AND INDUSTRY
     
     
     
Kenneth Tuttle            State File No. G-11309
                               
   v.                          For:  Mary S. Hooper
                                      Commissioner
Miller Chevrolet et al.  
     
     
            Commissioner's Order dated October 18, 1996 Vacated
     
The Commissioner's original decision in this matter was appealed to the Addison County 

Superior Court after a trial that court certified a decision back to the Commissioner. 

The Commissioner than issued her order dated October 18, 1996 to conform with the 

Superior Court's answers to the questions certified to it.  Subsequently it was determined 

that the trial court's findings were prematurely certified to the Department and that an 

appeal had been filed.  
     
Therefore, the Commissioner VACATES her order of October 18, 1996.
     
     
DATED at Montpelier, Vermont, this 10th day of December 1996.
     
     
________________________
Mary S. Hooper
Commissioner

Tuttle v. Miller Chevrolet  (Oct. 18, 1996)

STATE OF VERMONT
DEPARTMENT OF LABOR AND INDUSTRY
     
Kenneth Tuttle              File #: G-11039
                                  
    v.                           Order     
                                  
Miller Chevrolet, et al.     
     
     
1.   On November 17, 1995, the Commissioner issued a decision, Opinion No. 83-95WC, 
after formal hearing in the above referenced matter.
     
2.   Upon appeal from that decision to the Superior Court of Addison County, a jury having
been charged with answering the question: "The employer liable for Kenneth Tuttle's
workers' compensation benefits subsequent to his 1992 surgery is
     
          _____     Dwight Burnham Farms
          _____     Miller Chevrolet prior to August 10, 1990
          _____     Miller Chevrolet August 10, 1990, through April 5, 1991."
     
responded "Miller Chevrolet prior to August 10, 1990," whereby placing Royal Insurance 
Company on the risk.
     
3.   By this response, the jury altered the decision of the Commissioner, requiring Royal 
Insurance Company to pay those sums previously charged to Peerless Insurance Company.
     
WHEREFORE, Royal Insurance Company, or in the event of its default Miller Chevrolet,
is ordered:
     
1.   To reimburse Peerless Insurance Company and/or Hanover Insurance Company
for all payments made by Peerless pursuant to the final order of the
Commissioner and by Hanover pursuant to the interim order in this case;
     
2.   To pay the claimant such benefits as he is entitled to pursuant to the Workers' 
Compensation Act; and
     
3.   To pay, to the extent that they have not previously been paid by Peerless, the 
claimant's attorney's fees in the amount of $1761.66 and costs in the amount of $189.20.
     
DATED at Montpelier, Vermont this 18th day of October 1996.
     
     
_____________________________
Mary S. Hooper
Commissioner