Vermont Bar Journal, Vol. 40, No. 2 Summer 2015, Vol 41, No. 2 | Page 21

by Keith Kasper, Esq. Top Ten Vermont Workers’ Compensation Decisions Over the Past Century At many centennial events participants desire to look back and see where we have come from and evaluate some of the pivotal developments over the course of the past hundred years. Paul Gillies’ concurrent piece in this edition of the Vermont Bar Journal amply examines both the historical context surrounding the origins of Vermont’s Workers’ Compensation Act and its development over time. However, Paul’s viewpoint is that of a historian, rather than that of a practitioner or litigator in the workers’ compensation system. Workers’ compensation litigators have a distinctly different viewpoint of the Act and its history. That viewpoint is focused on legal precedent. Accordingly, to mark the Act’s centennial, the following is a list, compiled with the help of other litigators, of the top ten most important decisions to workers’ compensation litigation in Vermont over the past century.1 10. McKearney v. Miguel’s Stowaway Lodge2 This decision, from the Department of Labor, adopted the last injurious exposure rule. That rule, which pertains to gradually developing injuries, places responsibility for benefits on the last employer in time before the injury becomes disabling. The rule ensures prompt payment of benefits to the injured employee and provides an easy point of demarcation for the employer/insurance carrier to determine responsibility for gradually developing injuries. The Comm