Roethke v. Jake's Original Bar and Grill

This is an appeal from a final order by the Commissioner of Labor and Industry, who certified as a question for review by this Court whether a claimant’s workers’ compensation rate pursuant to 21 V.S.A. §§ 642 and 648 (temporary total and permanent partial disability) may exceed the claimant’s actual average weekly wage at the time of injury. The department answered the question in the negative, and claimant argues the question should be answered in the affirmative. Because this Court lacks jurisdiction to address the certified question, the appeal is dismissed.

In 1989, claimant LuAnn Roethke…