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MORIN v. ESSEX OPTICAL/THE HARTFORD

No. 03-502.

868 A.2d 729 (2005)

2005 VT 15

Theresa MORIN v. ESSEX OPTICAL/THE HARTFORD.

Supreme Court of Vermont.

January 28, 2005.

Attorney(s) appearing for the Case

Christopher McVeigh, Burlington, for Plaintiff-Appellant.

John W. Valente of Ryan Smith & Carbine, Ltd., Rutland, for Defendant-Appellee.

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

DOOLEY, J.

¶ 1. Claimant Theresa Morin appeals a decision of the Commissioner of Labor and Industry, holding that she is not entitled to receive a cost of living adjustment to her workers' compensation permanent total disability benefits. The Commissioner found that cost of living increases to permanent total disability benefits under 21 V.S.A. § 650(d) were not available if the resulting benefit amount would be greater than claimant's average weekly wage...

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