The Supreme Court of the State of Vermont held that an annual adjustment of permanent disability benefits is required, even if that adjustment will increase the benefits to the point that they exceed the claimant's average weekly wage at time of injury.
In Morin v. Essex Optical, No. 2003-502, 01/28/2005, Morin, an employee of Essex Optical, injured her back in 1990. At the time of injury, Morin's average weekly wage was $475 and her temporary workers' compensation benefits were $317. This injury led to additional health problems, and, in 2001, Morin applied for and was awarded permanent ...
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