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LYDY v. TRUSTAFF, INC.

No. 12-081.

76 A.3d 150 (2013)

2013 VT 44

Deborah LYDY v. TRUSTAFF, INC./Wausau Insurance Company.

Supreme Court of Vermont.

Motion for Reargument Denied July 30, 2013.

Attorney(s) appearing for the Case

Christopher McVeigh of McVeigh ♦ Skiff, Burlington, for Plaintiff-Appellant.

Jeffrey T. Dickson and Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Burchard, P.C., Burlington, for Defendant-Appellee.

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

SKOGLUND, J.

¶ 1. The issue in this case is whether employer-paid health insurance premiums must be included when calculating an injured employee's average weekly wage under the Vermont Workers' Compensation Act.1 The Commissioner of the Department of Labor (DOL) concluded that such premiums are not "wages" as defined under the Act and therefore should not be included. We affirm.

¶ 2. The underlying facts of this case...

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