Phelan v. St. Johnsbury Trucking

ROBERTS, Justice.

In this apportionment case, Royal Insurance Company (Royal) appeals from a decision of the Workers’ Compensation Commission that Transport Insurance Company (Transport) is responsible for only 25% of the compensation payable by Royal to the employee, Phelan. The parties agree that it is not possible to determine the extent to which previous occupational injuries contributed to Phelan’s single incapacitating condition. Royal contends that because only two insurance carriers, Royal and Transport, were involved in the apportionment proceeding, compensation responsibility should…