ESTATE OF DUNN v. WINDHAM NORTHEAST SUPER.

No. 11-419.

60 A.3d 680 (2012)

2012 VT 93

ESTATE OF MONICA DUNN v. WINDHAM NORTHEAST SUPERVISORY UNION.

Supreme Court of Vermont.

October 26, 2012.


Attorney(s) appearing for the Case

Jennifer K. Moore of Ellis Boxer & Blake, Springfield, for Plaintiff-Appellee.

Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Burchard, P.C., Burlington, for Defendant-Appellant.

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


REIBER, C.J.

¶ 1. This case asks us to determine whether a workers' compensation insurer is entitled to reimbursement* of death benefits it has paid when a claimant's beneficiary also receives proceeds from a life-insurance policy. We hold that under 21 V.S.A. § 624(e) a workers' compensation carrier cannot seek reimbursement from life-insurance payments because such proceeds are not "damages," as contemplated by the statute...

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