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KAPUSTA v. DEPT. OF HEALTH/RISK MANAGEMENT

No. 08-383.

980 A.2d 236 (2009)

2009 VT 81

Nancy KAPUSTA v. DEPARTMENT OF HEALTH/RISK MANAGEMENT.

Supreme Court of Vermont.

July 24, 2009.

Attorney(s) appearing for the Case

Christopher McVeigh of McVeigh ♥ Skiff, Burlington, for Plaintiff-Appellee/Cross-Appellant.

Andrew C. Boxer and Robert D. Mabey of Ellis Boxer & Blake, Springfield, for Defendant-Appellant/Cross-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

DOOLEY, J.

¶ 1. In this workers' compensation action, employer, Vermont Department of Health, appeals from an opinion of the Commissioner of the Department of Labor declining to apportion the responsibility for a permanent partial impairment between claimant's nonwork-related condition and her work-related injury. Employer contends that Vermont law requires apportionment in this case. Alternatively, employer asserts...

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