VSC: VT Commissioner of Labor may enforce WC law of other states

The Vermont Supreme Court yesterday decided Letourneau v. A.N. Deringer 2008 VT 106:

“This appeal asks us to determine whether Neal Letourneau has a right to transfer his workers’ compensation case from the New York workers’ compensation system to Vermont’s Department of Labor under 21 V.S.A. § 620. We hold that Letourneau is not entitled to transfer his case to Vermont under § 620 for the purpose of claiming Vermont workers’ compensation benefits. However, Letourneau is entitled to transfer his case to Vermont under § 620 for the purpose of enforcing his entitlement to New York benefits here if his rights under New York law can be reasonably determined and dealt with by the Commissioner and the courts in this state. In their rulings on Letourneau’s transfer request, neither the Commissioner nor the superior court addressed the issue of whether Letourneau’s rights under New York law could reasonably be determined and dealt with here. We remand so that the Commissioner can decide that question in the first instance.”

US Dist Ct: Vt Workers' Compensation Act provision re death benefits does not violate Vt Constitution's Common Benefits clause

Vermont’s Workers’ Compensation Act provides benefits for the dependents of workers who die as a result of injuries sustained on the job. But non-dependent next of kin receive nothing, 21 V.S.A. § 634, and are barred from suing the employer. 12 V.S.A. § 622. In Samaha v. Scott’s Construction, No. 2:05-cv-315, 2008 WL 516417 (D.Vt. Feb. 22, 2008) (Sessions, Chief Judge), the Court ruled that the Act’s distinction between dependents and non-dependent next of kin does not violate the Common Benefits clause of Vermont’s Constitution, Ch. I, Art. 7.