CROSBY v. CITY OF BURLINGTON

No. 01-271.

844 A.2d 722 (2003)

2003 VT 107

Paul CROSBY v. CITY OF BURLINGTON.

Supreme Court of Vermont.

Motion for Reargument Denied February 11, 2004.


Attorney(s) appearing for the Case

Beth Robinson of Langrock Sperry & Wool, LLP, Middlebury, for Plaintiff-Appellee.

John T. Leddy and Kevin J. Coyle of McNeil, Leddy & Sheahan, Burlington, for Defendant-Appellant.

Susan P. Ritter, Montpelier, for Amicus Curiae Vermont League of Cities and Towns.

Joseph C. Galanes of Biggam, Fox & Skinner, Montpelier, for Amicus Curiae Vermont Association for Mental Health.

James J. Dunn of Mickenberg, Dunn, Kochman, Lachs & Smith, PLC, Burlington, and Kurt Rumsfeld, Washington, DC, for Amicus Curiae Professional Firefighters of Vermont and International Association of Fire Fighters.

Present: AMESTOY, C.J., JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.) and GIBSON, J. (Ret.), Specially Assigned.


AMESTOY, C.J.

¶ 1. In this workers' compensation action, defendant City of Burlington appeals from a judgment based on a jury verdict, finding that plaintiff Paul Crosby suffered a compensable psychological injury arising out of his employment as a firefighter with the City. The City raises two principal claims on appeal: (1) that Chapter II, § 70 of the Vermont Constitution precludes workers' compensation benefits for psychological injuries unconnected...

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